Agenda and minutes

To note that Councillor Barbara Grahame has replaced Councillor Ruth Bush

1.1       It was noted that Councillor Barbara Grahame had replaced Councillor Ruth Bush.

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 presentations from developers, however these always take place in the presence of Council officers.

2.3       Councillor Melvyn Caplan declared in respect of item 3 that he had chaired the Licensing Sub-Committee hearing on 3 September 2015 that had considered a licensing application from the applicant.

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 and 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.

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 6 October 2015 be signed by the Chairman as a correct record of proceedings.

Applications for decision

Use of ground floor unit as betting shop (a sui generis use) with associated alterations to elevations.

An additional representation was made by Councillor Paul Dimoldenberg (20.10.2015).

A late representation was received from Councillor Ruth Bush (30.10.2015).

Councillor Adam Hug addressed the Committee in his capacity as a Ward Member supporting the recommendation to refuse permission.

RESOLVED:

Permission refused on the grounds of loss of a public house and the proposed use would harm the retail vitality and viability of the Harrow Road District shopping centre.

Demolition of existing building and replacement with four storey building plus new basement level, to provide seven residential units (1x1 bedroom, 3x2 bedroom and 3x3 bedroom units) and installation of plant.

The presenting officer tabled the folowing additional condition:

It is recommended to add a further condition, to prevent the use of the flat roofs at the rear as terraces in order to safeguard the amenities of adjoining neighbours.

Condition24: You must not use the flat roofs of the new building at the rear for sitting out or for any other purpose. You can however use the flat roofs to escape in an emergency.

Reason: To protect the privacy and environment of people in neighbouring properties. This is as set out in S29 and S32 of Westminster’s City Plan: Strategic Policies adopted November 2013 and ENV 6 and ENV 13 of our Unitary Development Plan that we adopted in January 2007.

RESOLVED:

1.         That conditional permission be granted, subject to additional condition 24 as set out above and to a S106 legal agreement to secure:

i) free lifetime (25 years) car club membership for residents of the  development; and

ii) provision of 2 off street residential car parking spaces on an unallocated basis.

2.        That if the S106 legal agreement has not been completed within six weeks of the date of the Committee resolution, then:

(a) The Director of Planning shall consider whether it would be possible and appropriate to issue the permission with additional conditions attached to secure the benefits listed above. If so, the Director of Planning is authorised to determine and issue the decision under Delegated Powers; however, if not;

(b) The Director of Planning shall consider whether the permission should be refused on the grounds that the proposals are unacceptable in the absence of the benefits which 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.

Variation of conditions 7 and 9 of planning permission dated 17 April 2013 (N:13/01238/FULL) for the reconfiguration and use of existing ground floor office reception and retail unit to provide a new office entrance (Class B1) and retail unit (Class A1) and alterations to the ground floor, namely to amend the hours of servicing and the hours of opening for the (Class A1) retail unit.

RESOLVED:

That conditional permission be granted.

Erection of roof extension.

Additional representations were made by Bethan Lewis-Powell (22.10.2015), Hilda Rodger (24.10.2015) and Martin Macro (23.10.2015).

A late representation was received from the owner/occupier of Flat 3, 47 Montagu Square (12.10.2015 and 23.10.2015).

The presenting officer tabled an additional condition to remove the applicant’s permitted development rights.

RESOLVED:

That conditional permission be granted, subject to an additional condition to remove the applicant’s permitted development rights.

Alterations including the erection of a single storey roof extension with roof terrace to the front of the building.

The presenting officer tabled an additional condition to remove the applicant’s permitted development rights.

RESOLVED:

That conditional permission be granted, subject to an additional condition to remove the applicant’s permitted development rights.

Variation of Condition 4 of planning permission dated 23 July 2007 (RN:06/07097/FULL) for the erection of two buildings: Building A - part five/part six/part seven/part ten storeys for use as 164 residential units, two retail/restaurant (Class A1/A3) units and a street sweepers depot; Building B - rising in stages from six storeys to fourteen storeys with tower feature for use as a 159 residential units (including 71 affordable units) and a retail/restaurant (Class A1/A3) unit, namely to extend the opening hours of the cafe/ restaurant (Unit A2) to open from 07.00 to 23.00 on a daily basis.

Additional representations were received from Barton Willmore, agent to the applicant (28.10.2015 and 21.10.2015), St James, the applicant (28.10.2015 and 27.10.2015) and Grosvenor Committee (27.10.2015).

A late representation was received from Gatliff Residents Association (03.11.2015).

RESOLVED:

That conditional permission be granted, subject to a deed of variation.