Agenda and minutes

To note any changes to the membership.

1.1       There was no change to 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       Councillor Peter Freeman 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 e-mails 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 Freeman declared that in his capacity as Deputy Cabinet Member for the Built Environment he sometimes receive presentations from developers, however these always take place in the presence of council officers.

2.3       Councillor Melvyn Caplan declared for the record that the application site for item 3 on the agenda is in his ward, although this application had been withdrawn and would not be considered at the meeting.

2.4       Councillor Paul Church declared that in his capacity as Ward Councillor for West End ward which includes Fitzrovia, Marylebone, Mayfair and Soho, he meets and engages regularly with residents, residents associations, amenity societies, businesses, developers, officers, planners and other stakeholders. He considers members of both the Majority and Minority party as friends and meets with them regularly. He added that he is the Deputy Cabinet Member for Children and Young People.

2.5       Councillor Church also declared that in respect of item 1 on the agenda, the application site is in his ward.

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 21 July 2015 be signed by the Chairman as a correct record of proceedings.

Applications for decision

Use of building for up to 19 residential units (Class C3), alterations including forward projection of front façade on first to fifth floors, extension to seventh floor front terrace and eighth floor roof addition; infill extension to southern lightwell on third to eighth floors; creation of residential terraces on all levels; installation of new and relocated plant at ground, first and roof levels, with associated plant enclosures.

An additional representation was received from the applicant’s agent, Turley (06.08.2015).

A late representation was received from Environmental Health (10.08.2015).

The presenting officer tabled the following changes to conditions:

Missing Condition 14 of draft planning permission

The design and structure of the development shall be of such a standard that it will protect residents within the new flats from noise and vibration from the existing entertainment uses in the basement and ground floor of the application site, so that they are not exposed to noise levels indoors of more than 35 dB LAeq 16 hrs daytime and of more than 30 dB LAeq 8 hrs in bedrooms at night.

Reason: As set out in ENV6 of our Unitary Development Plan that we adopted in January 2007, and the related Policy Application at section 9.76, in order to ensure that design, structure and acoustic insulation of the development will provide sufficient protection for the new residents in the flats hereby approved from noise and vibration from the existing entertainment uses in the basement and ground floor of the application site.

Additional Condition 24 of draft planning permission

You must install the relocated high level extract ducts from the basement and ground floor entertainment uses that occupy the basement and ground floors as shown on the approved drawings before occupation of any of the flats hereby approved. The high level ducts will thereafter be permanently retained for as long as the basement and ground floors remain in entertainment use (unless planning permission is granted for alternative arrangements).

Reason: To protect the environment of people in neighbouring properties as set out in S29 and S32 of Westminster's City Plan: Strategic Policies adopted November 2013 and ENV 6, ENV 7 and DES 5 of our Unitary Development Plan that we adopted in January 2007.

The presenting officer also advised that the proposed Section 106 legal agreement included a contribution of £715,000 towards the City Council’s affordable housing fund, and not £750,000 as erroneously stated on page 1 of the agenda.

RESOLVED:

That the application be deferredand the applicants be requested to provide further information with regard to:

a)         Detailed treatment of the front façade including proposed facing materials and lighting scheme and its impact upon appearance of the building and the wider Soho Conservation Area.

b)         The cumulative impact upon levels of  parking stress in the locality as assesed in 2011 when other developments with planning permission (built and proposed) are taken into account.

Councillor Bush and Councillor Church requested that their vote against deferring or approving the application be recorded.

Use as 15 residential units (Class C3) and restaurant (Class A3). External alterations including infill extension from lower ground up to fourth floor level to the rear of No.10 with terrace above; alterations and repairs to roof including new skylights, plant extracts and coverings; alterations to windows and doors. Internal alterations including removal and addition of partitions.

An additional representation was received from the Designing Out Crime Officer of the Metropolitan Police (29.07.2015).

The presenting officer tabled the following additional condition:

Additional Condition

Pre Commencement Condition: You must apply to us for approval of details of a security scheme for the restaurant, house, flats and ancillary areas.  You must not start work until we have approved what you have sent us. You must then carry out the work according to the approved details before anyone moves into the buildings. (C16AB)

Reason:

To reduce the chances of crime without harming the appearance of the listed buildings as set out in S29 of Westminster's City Plan: Strategic Policies adopted November 2013 and DES 1 (B) of our Unitary Development Plan that we adopted in January 2007.  (R16AC)

RESOLVED:

1.         That conditional permission be granted, including a condition to secure:

a payment of £1,370,181 towards the City Council’s affordable housing fund (index-linked and payable upon commencement of the development);    lifetime car club membership (25 years) for the occupants of each new dwelling and subject to an additional condition as set out above, and amendments to conditions 7 and 9 so that the hours of servicing umder the servicing management plan and the opening hours of the restaurant respectively are to be submitted for approval before the restaurant  is brought into use.

2.         That conditional listed building consent be granted.

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

Display of two internally illuminated digital LED (96 sheet) (12m x 3m) advertising units and associated mural.

RESOLVED:

Application withdrawn by the applicant.

Alterations at main roof level to allow for the use as a terrace including build up of rear wall and creation of access hatch.

RESOLVED:

That conditional permission be granted.

Councillor Bush requested that her vote against approving the application be recorded.

Enlargement of existing rear ground floor extension and first floor terrace and replacement of defective pitched rooflight above with a flat walk on rooflight.

The presenting officer tabled the following additional condition:

Additional Condition

You must erect the slatted timber screening shown on the approved drawings before you use the first floor terrace. You must then retain it in the form shown for as long as the terrace is in use.

RESOLVED:

1.         That conditional permission and conditional listed building consent be granted, subject to an additional conditon as set out above.

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