Agenda and minutes

To note any changes to the membership.

1.1      There were no changes to the membership.

To receive declarations by members and officers of the existence and nature of any personal or prejudicial interests in matters on this agenda.

2.1       The Chairman explained that a week before the meeting, all four Members of the Committee were provided with a full set of papers including a detailed officer’s report on each application; together with bundles of every single letter or e-mail received in respect of every application, including all letters and emails containing objections or giving support. Members of the Committee read through everything in detail prior to the meeting. Accordingly, if an issue or comment made by a correspondent was not specifically mentioned at this meeting in the officers’ presentation or by Members of the Committee, it did not mean that the issue had been ignored. Members will have read about the issue and comments made by correspondents in the papers read prior to the meeting.

2.2      Councillor Rigby declared that in respect of Item 2 he was the Deputy Cabinet Member for Finance, Property and Regeneration. The scheme fell within this portfolio; however, he had no prior knowledge of the application or had held any discussions regarding it.

2.3      Councillor Hyams declared that in respect of Item 5 she knew the applicant but had not entered into any discussions regarding the Item which would preclude her from considering this application.

2.4      Councillor Rigby, Noble and Spencer all confirmed that they had attended a site visit in respect of Item 1.

To sign the minutes of the last meeting as a correct record of proceedings.

3.1      RESOLVED:

That the minutes of the meeting held on the 3 September 2019 be signed by the Chairman as a correct record of proceedings.

Applications for decision

Erection of a two-storey 4-bedroom single family dwelling.

Marek Wojciechowski addressed the Sub-Committee in support of the application.

Priya Khanna addressed the Sub-Committee in objection to the application.

Councillor Peter Freeman addressed the Sub-Committee in his capacity as Ward Councillor in objection to the application.

RESOLVED UNANIMOUSLY:

That conditional permission be granted subject to:

i)                a Grampian condition to secure mitigation for the increased demand for on street car parking (lifetime (25 year) car club membership for the house);

ii)               Condition 8 being separated into two areas, one relating to soft landscaping and the planting scheme and the second relating to the green sedum roof and its maintenance;

iii)              The green roof to be installed prior to occupation of the dwelling;

iv)             The proposed new trees to be provided within one planting season, rather than one year, after the completion of the development; and

v)               Clarification to be provided on the proposed details of the hard landscaping of the site.

Demolition of the existing garages and erection of seven dwellings, associated gardens and parking and wider landscape and public realm improvements.

Late representations were received from Councillor David Boothroyd (30/09/19) and Councillor Adam Hug (30/09/19) in support of the proposal.

The presenting officer tabled the following corrections to the report and the additional/amended conditions:

Report Corrections

Paragraph 8.1 in ‘Residential Use’ should refer to the “seven houses”.

Paragraph 8.3 in ‘Sunlight and Daylight’, in third paragraph should read 64-78 Lapworth Court.

Paragraph 8.4 relating to cycle parking is incorrect.  Cycle parking is proposed in storage sheds in the rear gardens.  This is to be secured by condition and condition 12 is amended to reflect this. 

Paragraph 8.7 should have referred to ecology. The applicant has submitted an ecology report assessing the impacts of the development upon the ecology of the application site and surrounding area. Whilst there are no bats or birds nesting in the application site or surrounding trees, the ecologist has confirmed that they may have potential to be used for nesting. The report confirms that there has been no recent reports of any bats or other protected species in the application site or surrounding it. Natural England has been consulted on the application and makes no comments.  Officers recommend an informative be added advising the applicant that should there be any evidence of bats during the demolition works, works must halt, and contact made with a registered bat ecologist be made to discuss an appropriate course of action. 

Additional/ Amended conditions

Condition 12:

You must provide each cycle parking space shown on the approved drawings prior to occupation. Thereafter the cycle spaces must be retained, and the space used for no other purpose without the prior written consent of the local planning authority.

Reason:

To provide cycle parking spaces for people using the development as set out in Policy 6.9 (Table 6.3) of the London Plan 2016 (R22FA)

Condition 14:

{\b Pre Commencement Condition}. You must not start work on the site until we have approved in writing appropriate arrangements to secure the following: -

Mitigation for the demand for on street car parking resultant from the development.

In the case of each of the above benefits, you must include in the arrangements details of when you will provide the benefits, and how you will guarantee this timing.  You must only carry out the development according to the approved arrangements.  (C19AB)

Reason:

To make sure that the development provides the planning benefits that have been agreed, as set out in S33 of Westminster's City Plan (November 2016) and in TRANS 23; of our Unitary Development Plan that we adopted in January 2007.  (R19AC)

Condition 15:

Prior to occupation of the residential units the six carparking spaces and motorcycle spaces shown on the approved plans shall be provided. These must be maintained at all times.

Reason:

To provide parking spaces for people using the development as set out in STRA 25 and TRANS 23; of our Unitary Development  ...  view the full minutes text for item 2.

Erection of rear extensions from ground to third floor and a roof extension at fourth floor, to provide additional office (Class B1) floorspace. Refurbishment of building including revised facade design and reconfiguration of car, cycle parking, plant and storage areas.

Late representations were received from Montagu Evans (18/07/19 and 30/09/19).

The presenting officer tabled a location plan and the following revised and amended conditions:

Revised Condition

Condition 9:

You must provide each car parking space shown on the approved drawings and 10 car parking spaces shall only be used for the parking of vehicles of people living in the residential part of the building and 4 car parking spaces shall only be used for staff or visitors of the conference centre part of the building.

Reason:

To provide parking spaces for people living in the residential and using the conference centre parts of the development as set out in STRA 25 and TRANS 22, TRANS 23 and TRANS 24of our Unitary Development Plan that we adopted in January 2007.  (R22BB)

Additional Condition

Condition 17:

Pre Commencement Condition Prior to the commencement of any:

(a) Demolition, and/or

(b) Earthworks/piling and/or 

(c) Construction

On site you must apply to us for our written approval of evidence to demonstrate that any implementation of the scheme hereby approved, by the applicant or any other party, will be bound by the council's Code of Construction Practice. Such evidence must take the form of the relevant completed Appendix A checklist from the Code of Construction Practice, signed by the applicant and approved by the Council's Environmental Sciences Team, which constitutes an agreement to comply with the Code of Construction Practice and requirements contained therein. Commencement of the relevant stage of demolition, earthworks/piling or construction cannot take place until the City Council as local planning authority has issued its written approval through submission of details prior to each stage of commencement. (C11CD)

Reason:

To protect the environment of residents and the area generally as set out in S29 of Westminster's City Plan (November 2016) and STRA 25, TRANS 23, ENV 5 and ENV 6 of our Unitary Development Plan that we adopted in January 2007. (R11AC)

Peter Bovill addressed the Sub-Committee in support of the application.

RESOLVED UNANIMOUSLY:

That conditional permission, as amended, be granted.

Erection of a mansard roof extension, erection of infill extensions to the northern elevation at second floor level, erection of an infill extension to the rear courtyard with associated alterations to rear wall, and excavation to enlarge the single storey basement, all in connection with providing five residential flats (2 x one bed, 3x two bed) within the main building, a single family dwelling house (3 bed) in the rear courtyard and a public house (class A4) on part of the ground and basement floors of the main building, the creation of refuse and cycle parking areas.

Late representations were received from the Churchill Gardens Residents Association (01/10/19), the Churchill Garden Neighbourhood Forum (01/10/19) and one local resident (26/09/19).

Christopher Hicks addressed the Sub-Committee in support of the application.

Dr Paul Zuckerman addressed the Sub-Committee in objection to the application.

An additional representation was received from Development Planning setting out a revision to condition 16.

RESOLVED UNANIMOUSLY:

That conditional permission, as amended, be granted subject to the opening hours set out in condition 8 being amended to the following in order to protect the amenity of local residents:

Monday to Thursday 09:00 – 23:30

Friday to Saturday 09:00 to 00:00

Sunday 12:00 to 23:00

Use as a restaurant (Class A3) and associated alterations including reinstatement of front third floor window, replacement of rear third floor window, new glazed roof over rear lightwell, new rooflights to rear ground floor, mechanical plant in basement front vaults and internal alterations.

An additional representation was received from Development Planning with regard to a revised informative.

The presenting officer tabled a location plan and the following amendments to the conditions and informatives:

Operational Management Plan

Condition 12:

You must apply to us for approval of an Operational Management Plan prior to occupation. You must not commence the restaurant use until we have approved what you have sent us. The Operational Management Plan must thereafter be maintained and followed by the occupants for the life of the development.

Revised Informative 10:

The finalised OMP must include information about crushing bottes and removing them without bottle tipping; and details how you will prevent customers who are leaving the building from causing nuisance for people in the area, including people who live in nearby buildings; and detail of how smokers will be managed.

Windows/ Rooflights

Condition 16:

During the operating hours of the restaurant all windows and rooflights must be fixed shut.

Condition 21:

The glass that you put in the new skylight at first floor level above the rear lightwell must not be clear glass, and you must fix it permanently shut. You must apply to us for approval of a sample of the glass (at least 300mm square). You must not start work on the relevant part of the development until we have approved the sample. You must then fit the type of glass we have approved and must not change it without our permission.

New Informative 12:

The obtrusive light level from the rear rooflights shall not be more than as stated for Environmental Zone 4 (Urban) in the Guidance Notes for the Reduction of Obtrusive Light GN01:2011, The Institution of Lighting Professionals.

Recirculation System

Condition 23:

The kitchen extract ventilation system shall consist of a recirculation system where the cooking fumes will not be discharged externally. In addition, all cooking equipment within the premises shall operate by electricity only and there will be no use of gas or solid fuels such as coal and wood. Before installation, details of the recirculation system shall be submitted to the Local Planning Authority for approval. The recirculation system must thereafter be maintained and followed by the occupants for the life of the development.

Christopher Hicks addressed the Sub-Committee in support of the application.

RESOLVED UNANIMOUSLY:

1)        That conditional permission and conditional listed building consent, as amended, be granted subject to an additional condition on the listed building consent requiring the installation of acoustic lining on the walls of the property.

2)        That the reasons for granting listed building consent as set out in Informative 1 of the draft decision letter be agreed.

Installation of French doors at rear ground level.

RESOLVED:

That conditional permission be granted.