Agenda and minutes

To note any changes to the membership.

1.1          There were no changes to the membership.

1.2          RESOLVED:

That Councillor Richard Elcho be elected as the substitute Chairman for the meeting in the event that the Chairman loses connection or needs to stand down for an item.

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      Councillor James Spencer explained that a week before the meeting, all four Members of the Sub-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 Sub-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 Sub-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.

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

To Follow.

3.1      RESOLVED:

           That the minutes of the meeting held on 13 October 2020 be signed by the Chairman as a correct record of proceedings.

Applications for decision

Replacement of rear lower ground floor and erection of single storey rear extension at 3 Eaton Gate (first floor to mews) and use of roof as external learning areas, erection of single storey rear extension at 5 Eaton Gate (first floor to mews) and use of roof as outdoor learning area, creation of external decks for outdoor learning between 3 and 5 Eaton Gate at the rear of the buildings, at first, second and third floors with associated green wall; erection of lift shaft at the rear; refurbishment of building including new roof, repair of windows, replacement kitchen extract flue to roof level and associated works.

A late representation was received from Eaton House Schools (undated).

Huw May (Applicant) addressed the Sub-Committee in support of the application,

Graham Allison (Applicant’s Agent) also addressed the Sub-Committee in support of the application.

RESOLVED (Councillors James Spencer Richard Elcho and Matt Noble in support of recommendation to refuse, Councillor Antonia Cox against recommendation to refuse):

That planning permission and listed building consent be refused on design and listed building grounds, subject to reason for refusal 2 being removed from the draft decision notices due to no objections to the extension 3 at the rear of No 5 in design/historic building terms being raised.

Use of the ground floor and basement as a flexible alternative use comprising retail (Class A1), restaurant (Class A3), drinking establishment (Class A4), assembly and leisure (Class D2), and live music venue (Sui Generis).

Additional representations were received from Rolfe Judd (09.11.2020) and the Covent Garden Community Association (18.11.2020).

A late representation was received from the Covent Garden Community Association (undated).

The presenting officer tabled the following additional informative and revisions to conditions 9, 10, 11, 12 and 15.

Informative – Use Class changes 2020/21

Changes to the Town and Country Planning (Use Classes) Order came into force on 1 September 2020 and create a new broad Class E group titled ‘Commercial, Business and Service’ (as well as other new groups). The uses contained within the new Class E include, retail shops, financial and professional services, restaurants, offices, medical uses, gyms and other indoor sport uses, creches and nurseries. It will not be development to change between these uses once this legislation is in force.

This application, which was submitted before 1 September 2020 and refers to the existing use classes at that time, is determined using the existing use classes at the time of submission rather than the new ones.

Revised Conditions

9. The Class A1, A3, A4, D2 and Live Music Venue (Sui Generis) use allowed by this permission must not begin until you have fitted self-closing doors at ground floor level. You must not leave these doors open except in an emergency or to carry out maintenance

10. Apart from the entrance to the Class A1, A3, A4, D2, Live Music Venue (Sui Generis) use annotated on the approved drawings, the ground floor windows shall be fixed permanently shut.

11. No live or recorded music shall be played in the Class A1, A3, A4, D2 or Live Music Venue (Sui Generis) use that is audible outside of the premises.

12. You must apply to us for approval of a management plan to show how you will prevent customers from causing nuisance for people in the area, including people who live in nearby buildings. You must not start either the Class A3, A4, D2 or Live Music Venue (Sui Generis) use until we have approved what you have sent us. You must then carry out the measures included in the management plan at all times that either the Class A3, A4, D2 or Live Music Venue (Sui Generis) is in use.

15. In the event that the premises is used for Class D2 purposes, you must use the premises only for a gym, yoga studio, or dance studio.

John Osborn addressed the Sub-Committee in support of the application.

Councillor Tim Mitchell spoke in his capacity as Ward Councillor and representing the views of the Covent Garden Community Association in objecting to the application.

RESOLVED UNANIMOUSLY:

That the application be deferred on the grounds that more information on the servicing requirements of the proposed uses be provided, the applicant demonstrates that they can be accommodated within the current hours  ...  view the full minutes text for item 2.

Demolition of the existing three storey rear extension and erection of a new part-three and part-four storey rear extension, lowering of the existing basement level floor, replacement of an existing side elevation window with two new windows, and internal alterations.

Matt Humphreys addressed the Committee in support of the application.

RESOLVED UNANIMOULSY:

1.               That conditional permission be granted.

2.        That conditional listed building consent be granted.

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

Erection of roof extension, erection of replacement rear extension and replacement of the garage door.

The presenting officer tabled the following minor amendment to the report.

The existing building and the other mews buildings in Northwick Close are designated as Unlisted Buildings of Merit and buildings not suited to roof extensions in the St Johns Wood Conservation Area Audit (2008) (“the Audit”). However, section 8.2 (‘Townscape and Design’ – pages 120-122) of the officer’s report does not assess the proposed roof extension against these two designations.

As set out in the officer’s report, the proposed roof extension reinstates a historic pitched roof. The proposed roof extension is considered an enhancement to this building and this remains the case despite the Unlisted Building of Merit status of this building and the Audits presumption against roof extensions. On this basis, the principle of this roof extension remains acceptable and the roof extension would not harm the character and appearance of the St John's Wood Conservation Area, this and neighbouring Unlisted Buildings of Merit and would have no impact on the setting of neighbouring listed buildings.

In making this recommendation, consideration has been had to the statutory duties imposed by the Planning (Listed Buildings and Conservation Areas) Act 1990, notably Sections16, 66 and 72 and the requirements set out in Chapters 12 and 16 of the NPPF.

The proposal is considered acceptable and consistent with policies DES1, DES5, DES6 and DES 9 of the UDP and S25 and S28 of the City Plan, and a recommendation to grant conditional permission would be compliant with the requirements of the NPPF and the statutory duties of the Planning (Listed Buildings and Conservation Areas) Act 1990.

RESOLVED UNANIMOUSLY:

That conditional permission be granted.