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 pecuniary interests or any other significant interest 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 Matt Noble declared in respect of Item 2 that he knows some of the people that had submitted comments on the application but he had not discussed the proposals with them.

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 26 November 2019 be signed by the Chairman as a correct record of proceedings.

Applications for decision

Erection of a mixed-use development comprising ground floor (at Kingdom Street level), plus 18 storeys to provide offices (B1a) plus ancillary plant and amenity areas. Three floors below Kingdom Street delivered in phases to provide a flexible mix of business B1(A), retail (A1), leisure, community and cultural uses (D1) within the former 'Crossrail box'. New outdoor terraces adjacent to railway at basement level; creation of a new pedestrian and cycle link between Harrow Road and Kingdom Street including internal and external garden and landscaping; and associated works. The application is accompanied by an Environmental Impact Assessment (EIA development)

Additional representations were received from Development Planning Services (undated) in the form of an amendment to the recommendation and the Interim Director of Planning and Place (RBKC) (17.12.2019)

Late representations were received from Development Planning Services in the form of amendments to Section 5 Consultations on the report setting out support from the Hyde Park East Association and the Paddington BID; Councillor David Boothroyd (4.1.2019); Councillor Emily Payne (7.1.2019) and British Land (2.1.2019)

Michael Meadows spoke in favour of the application.

John Zamit (Chairman, Bayswater Residents' Association, SEBRA) spoke in objection to the application.

John Zealley (Chairman, Paddington Waterways and Maida Vale Society) spoke in objection to the application.

Councillors Melvyn Caplan, Matthew Green spoke in objection to the application in their capacity as Ward Members.

RESOLVED UNANIMOUSLY:

Subject to referral to the Mayor of London, resolved to refuse permission on design, townscape and heritage grounds and that insufficient information has been submitted to demonstrate that the proposed building would not result in a cumulative material loss of light to the detriment of the amenities of the occupiers of the properties on Westbourne Terrace Road and Warwick Crescent.

Redevelopment of car park and garages to extend hotel including excavation of a basement and erection of part single, part three storey building (above ground) with terrace at first floor level, incorporating loading bay and ancillary hotel facilities and plant. Installation of flue to rear of hotel.

The presenting officer referred to the following additional condition:

Condition 30 – provide green roof.

You must provide, maintain and retain the green roof before you start to use any part of the hotel extension, as set out in your application.  You must not remove any of these features.

REASON

To increase the biodiversity of the environment, as set out in S38 of Westminster’s City Plan (November 2016) and ENV17 of our Unitary Development Plan that we adopted in January 2007.

Additional condition 31

A minimum of 4 of the additional hotel rooms shall be wheelchair accessible.

Reason

In order to meet Policy 4.5 of the London Plan 2016.

Late representations were received from SEBRA (2 & 7.1.2019); Development Planning Services (3.1.2019) and the occupier of 11 Carroll House, Craven Terrace, London, W2 (3.1.2019)

Matthew Brewer spoke in support of the application.

Stephen Porter spoke in objection to the application.

Anna Bardos spoke in objection to the application.

John Zamit, representing Bayswater Residents’ Association and SEBRA, spoke in objection to the application.

RESOLVED: (for: Councillors Rigby, Spencer and Hitchcock; Against: Noble)

1.         That conditional permission and conditional listed building consent be granted subject to the amendment to condition 30 and the additional condition 31 as tabled and set out above and local amenity societies to be consulted on the discharge of the Servicing Management Plan.

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

Restoration of ground floor shopfronts, internal alterations across ground and lower ground floor and the installation of comfort cooling within central lightwell at first floor level (within new plant enclosure) and ventilation ducts within ground floor lightwell. Use of lower ground floor of 44 Mortimer Street and rear ground floor of 44 Mortimer Street (Little Titchfield Street frontage), as flexible/alternative Retail or Gymnasium (Class A1 or D2) use, with access to proposed gymnasium or shop from new entrance (at rear of 44 Mortimer St) adjacent to 1a Little Titchfield Street. Use of ground and lower ground floors of 46-50 Mortimer Street as Retail (Class A1).

An additional representation was received from the occupier of Flat 1, Ames House, 44 Mortimer Street, London (23.12.2019)

A late representation was received from the occupier of Flat 4, 44 Mortimer Street (7.1.2019).

The presenting officer tabled the following changes to the draft decision letter:

9          (1) Where noise emitted from the proposed plant and machinery will not contain tones or will not be intermittent, the 'A' weighted sound pressure level from the plant and machinery (including non-emergency auxiliary plant and generators) hereby permitted, when operating at its noisiest, shall not at any time exceed a value of 5 dB below the minimum external background noise, at a point 1 metre outside any window of any residential and other noise sensitive property, unless and until a fixed maximum noise level is approved by the City Council. The background level should be expressed in terms of the lowest LA90, 15 mins during the proposed hours of operation. The plant-specific noise level should be expressed as LAeqTm, and shall be representative of the plant operating at its maximum.

            (2) Where noise emitted from the proposed plant and machinery will contain tones or will be intermittent, the 'A' weighted sound pressure level from the plant and machinery (including non-emergency auxiliary plant and generators) hereby permitted, when operating at its noisiest, shall not at any time exceed a value of 10 dB below the minimum external background noise, at a point 1 metre outside any window of any residential and other noise sensitive property, unless and until a fixed maximum noise level is approved by the City Council. The background level should be expressed in terms of  the lowest LA90, 15 mins during the proposed hours of operation. The plant-specific noise level should be expressed as LAeqTm, and shall be representative of the plant operating at its maximum.

            (3) Following installation of the plant and equipment, you may apply in writing to the City Council for a fixed maximum noise level to be approved. This is to be done by submitting a further noise report confirming previous details and subsequent measurement data of the installed plant, including a proposed fixed noise level for approval by the City Council. Your submission of a noise report must include:

(a) A schedule of all plant and equipment that formed part of this application;

(b) Locations of the plant and machinery and associated:  ...  view the full minutes text for item 3.

Erection of roof extension to create 4-bedroom dwelling with rear roof terrace enclosed by a timber screen; formation of new green roof.

RESOLVED UNANIMOUSLY:

That conditional permission be granted.

Erection of roof extension to form additional office space, rear roof terrace enclosed by a timber screen at first floor level, green roof, entrance lighting, seven new air conditioning units within proposed new roof plant enclosure and installation of new lift.

RESOLVED UNANIMOUSLY:

That conditional permission be granted.

Use of sub-basement, basement, ground and mezzanine levels as a public house (Class A4); installation of a new ventilation system, new plant equipment at roof level; and associated internal and external alterations.

Late representations were received from Councillor Louise Hyams (6.1.2020) and Outer Temple Chambers (undated).

James Counsell QC spoke in objection to the application.

The presenting officer tabled the following changes to the draft decision letter:

Condition 5:

The Public House shall not open for business before an Operational Management Plan, including a Servicing Management Plan, has been approved by the City Council.  The Operational Management Plan must show how you will prevent customers who are leaving the building from causing nuisance for people in the area, prevent customers queuing on the street, manage customers who wish to smoke, prevent customers from taking their drinks outside, and manage servicing. With regards to servicing the plan must identify process, internal storage locations, scheduling of deliveries and staffing, and set out how it will be carried out in a sensitive manner to ensure noise and highway impacts are minimised.

You must then carry out the measures included in the approved Operational Management Plan at all times that the Public House (Class A4) is in use. 

Additional condition added:

You must not allow customers to drink on the pavement outside the premises.

RESOLVED UNANIMOUSLY:

1.         That conditional permission and conditional listed building consent be granted subject to:

(a)            the amendment to Condition 5 and additional condition regarding not allowing customers to drink on the pavement outside the premises as tabled and set out above.

(b)         Amending Condition 6 to reduce the closing time to 23:30 on   Sunday to Thursdays and 24:00 hours on Fridays and       Saturdays;

            (c)        An additional informative advising the applicant to minimise the        impact of smokers on the highway.

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

Use of Ground Floor as a residential 2 bed unit (Class C3), and alteration to ground floor front elevation and installation of railing.

Late representations were received from Councillor Geoff Barraclough (2.1.2019) and Maven Plan (6 & 7.1.2019).

RESOLVED UNANIMOUSLY:

That conditional permission be granted.

Excavation of a basement beneath the existing driveway, erection of a conservatory at upper ground floor level to Westbourne Gardens elevation and associated works.

Additional representations were received from Councillor Maggie Carman (31.12.2019) and the resident, 33 Westbourne Park Road (30 & 31.12.2019).

The application was withdrawn from the agenda by officers due to issues regarding the issue of certificate.