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       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 receives requests from developers to provide him with a presentation on a pending planning application or to discuss future projects.  These always take place in the presence of council officers.  At such meetings views or guidance from the Council are requested.  No guarantees or commitments are given during such meetings on behalf of the City Council.

2.3       Councillor Melvyn Caplan declared in respect of item 4 that in his previous capacity as the Cabinet Member with responsibility for the Council’s corporate property portfolio he recognised Mr Silvers’s name but that this was not related to the matter before the committee.

2.4       Councillor Paul Church declared that in his capacity as Ward Councillor for West End ward and as the Deputy Cabinet Member for Children & Young People, 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 further declared in respect of item 3 that the premises were located in his Ward.

2.5       Councillor Bush declared in respect of item 7 that the premises were located in her Ward.  She further declared that she had sat on the committee that had previously considered the application.

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

Applications for decision

Use of building for residential purposes, comprising 29 units (Class C3), construction of an extension to rear at lower ground to third floor level in place of existing external fire escape staircase, construction of a roof extension at sixth floor level with roof terrace and relocation of roof top plant.

The presenting officer tabled the following additional condition:

Additional condition

You must apply to us for approval of detailed drawings of a privacy screen to the roof terrace at first floor level. You must not start any work on this part of the development until we have approved what you have sent us. You must install the privacy screen prior to occupation of the residential unit that has access to the terrace and it must be retained as approved thereafter.

RESOLVED:

1.         That conditional permission be granted:

A) subject to the completion of a S106 agreement to secure:

       i) a payment of £2,044,000 towards the City Council's affordable housing fund;

       ii) car club membership for all of the residential units for a minimum period of 25             years.

            B) the additional condition as tabled and set out above.

2.         If the agreement has not been completed within six weeks of the date of the         Committee resolution then:

           a)         The Director of Planning shall consider whether the permission can be issued with additional conditions attached to secure the benefits listed above.  If this is possible and appropriate the Director of Planning is authorised to determine and issue such a decision under Delegated Powers.

            b)         The Director of Planning shall consider whether permission should be refused on the grounds that it has not proved possible to complete an agreement within the appropriate timescale, and that the proposals are unacceptable in the absence of the benefits that would have been secured; if so, the Director of Planning is authorised to determine the application and agree appropriate reasons for refusal under Delegated Powers.

[The committee expressed a general concern about the possible cumulatve impact to on-street parking provision arising from the granting of new residential developments in areas where parking occupancy is already high and where the proposed developments are unable to provide off-street parking.  The committee requested that it would be useful to establish how successful lifetime car club membership has been as a mitigation measure for considering future applications.]

To Use as six residential flats (Class C3) with associated external alterations including new access to front lightwell from pavement level and erection of rear/side extension to Palace Court elevation between second and fourth floor levels.

The presenting officer referred to the following condition and reason, which had been re-written to ensure that they achieved their purpose of protecting the amenity of the occupiers of the neighbouring lower ground floor flat at No.7 Palace Court:

Condition 10

You must not erect any structures, walls or fences within the lower ground floor lightwell/ garden area to the rear of the site adjacent to the flank wall of No.7 Palace Court without our permission. This is despite the provisions of Class A of Part 2 of Schedule 2 to the Town and Country Planning General Permitted Development (England) Order 2015 (or any order that may replace it).

Reason

To prevent obstruction of the windows serving the neighbouring lower ground floor flat at No.7 Palace Court and to ensure that the environment of people living in this neighbouring property is protected.  This is as set out in S29 of Westminster's City Plan: Strategic Policies adopted November 2013 and ENV 13 of our Unitary Development Plan that we adopted in January 2007.

RESOLVED:

That conditional permission be granted including a condition to secure car club membership for all of the residential flats for a minimum period of 25 years and subject to the revised wording of condition 10 as tabled and set out above.

Use of the basement as a restaurant (Class A3) in association with the existing restaurant at ground floor level. Installation, retention and reconfiguration of plant at rear first floor level and existing high level extract duct terminating at roof level. Internal alterations at basement and ground floor level including the installation of an acoustic ceiling at ground floor level.

RESOLVED:

1.         That permission be refused due to the impact of restaurant extension on residential            amenity.

2.         That listed building consent be refused due to the impact of the proposals on the    special architectural interest of the building.

Details of brick sample, the internal layout of the basement car park and storage of refuse pursuant to Conditions 1, 3 and 5 of outline permission dated 27 August 2009 (RN: 09/05002) for redevelopment of the site to provide 32 residential units, basement car parking and a new cleansing depot. Site includes 11-15 Regency Street.

RESOLVED:

That details be approved.

Excavation to create single storey basement extension and erection of a single storey ground floor rear extension.

RESOLVED:

That conditional permission be granted.

Partial demolition of mews property and associated internal alterations; erection of mansard roof extension to rear mews property; installation of lift to first floor level; installation of replacement timber front door and sash windows to rear elevation; installation of timber door to ground floor side elevation and two new first floor timber sash windows; and installation of rooflights, incorporating glazed skylight at second floor level.

RESOLVED:

1.              That conditional permission and conditional listed building consent be granted.

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

Erection of single storey rear extension at lower ground floor level and associated increase in height of boundary walls to rear garden.

RESOLVED:

That conditional permission be granted.

Erection of dormer windows to front and rear roof slopes.

An additional representation was received from Cyrus & Victoria Jilla (undated).

RESOLVED:

That permission be refused on design grounds.