Agenda and minutes

Councillor Peter Freeman is replacing Councillor Louise Hyams.

Councillor Paul Church is replacing Councillor Robert Rigby.

1.1       It was noted that Councillor Peter Freeman was substituting for Councillor Louie Hyams and that Councillor Paul Church was substituting for Councillor Robert Rigby.

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 Smith explained that all four Members of the Committee were provided a week before the meeting 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 - often taking a whole day over the weekend to do so.  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 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.

2.3       Councillor Church declared that in respect of items 2, 3 and 4 on the agenda, the application sites were in his ward.

2.4       Councillor Church also declared that the company he works for has provided public affairs support to a client relating to item 5 on the agenda.  For clarification, he stated that he does not undertake any work on projects in the City of Westminster, but in order to ensure complete transparency, he would withdraw from the meeting when considering item 5, so as to avoid any conflict of interest.  

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

3.1       RESOLVED:

That the Chairman signed the minutes of the meeting held on 26 May 2015 as a correct record of proceedings.

Applications for decision

Demolition of rear facade of Nos. 96-98 Baker Street and front and rear facades of No. 14 Sherlock Mews, use of first to fourth floors of Nos. 96-98 Baker Street as eight residential flats (Class C3), amalgamation of flats at first and second floors of No. 14 Sherlock Mews into a maisonette (Class C3), erection of replacement shopfronts to Baker Street facade, erection of replacement rear facade to Nos. 96-98 Baker Street, erection of replacement facades to No. 14 Sherlock Mews, alterations at roof level, and other associated external alterations. 

The presenting officer tabled the following amendment to condition 23 and an additional condition and informative:

Amended Condition 23:

The development must not commence until we have approved appropriate arrangements to secure the following.

- Car club membership for each of the eight flats within Nos. 96-98 Baker Street for a period of 25 years.

In the case of each of the above benefits, you must include in the arrangements details of when you will provide the benefits, and how you will guarantee this timing.  You must only carry out the development according to the approved arrangements.  (C19BA)

Additional Condition 25:

You must provide the following environmental sustainability features (environmentally friendly features) before you start to use any part of the development, as set out in your application.

-       Roof level photovoltaics

You must not remove any of these features.

Reason: To make sure that the development provides the environmental sustainability features included in your application as set out in S28 or S40, or both, of Westminster's City Plan: Strategic Policies adopted November 2013

Additional Informative

This permission is governed by a legal agreement between the applicant and us under Section 106 of the Town and Country Planning Act 1990.  The agreement relates to the provision of car club membership.

RESOLVED:

1.         That conditional permission, including a condition to secure car club membership (for 25 years) for each of the eight flats in Nos. 96-98 Baker Street, be granted, subject to an amendment to condition 23 and an additional condition and informative as set out above.

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.

Use of 113-119 Charing Cross Road, 1-5 Manette Street and the ground, first and second floors of 6-12 Manette Street as a theatre (sui generis) for a temporary period until 31 December 2015.

An additional representation was received from Catherine Hadoulis (18.06.2015).

A late representation was received from the applicant, Soho Estates (17.06.2015).

The presenting officer tabled the following amendment to condition 5:

Condition 5

The bar area in the basement must only be used by audience members and members of the production and must not open to the general public.

RESOLVED:

That conditional permission be granted, subject to an amendment to condition 5 as set out above.

Use of the basement, ground and part third floor as a restaurant (Class A3); installation of a new shopfront, a full height extract duct on the rear elevation and plant within an enclosure at rear third floor level.

A late representaton was received from Graeme Boddy (23.06.2015).

The presenting officer tabled the following amendment to condition 13 and an additional condition:

Amended Condition 13:

Customers shall not be permitted within the restaurant premises before 08.00 or after 00.00 (midnight) on Mondays to Thursdays (not including bank holidays and public holidays), before 08.00 or after 00.30 on Fridays and Saturdays (not including bank holidays and public holidays) and before 08.00 or after 23.00 on Sundays and bank holidays.

Additional Condition 21

The high level extract duct hereby approved must be installed before the restaurant use commences, it shall thereafter be permanently retained in situ and maintained for as long as the restaurant is in use.

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.  (R14AC)

RESOLVED:

That conditional permission be granted, subject to an amendment to condition 13 and an additional condition as set out above.

Continued use of basement and ground floor as a mixed use coffee shop and cocktail bar (sui generis).

(Retrospective application)

An additional representation was received from Steve Parish (undated).

A late representation was received from Councillor Glenys Roberts (23.06.2015).

Councillor Glenys Roberts spoke in her capacity as a Ward Councillor on behalf of residents in objection to the application.

RESOLVED:

That conditional permission be refused on the grounds of adverse effect upon amenity and local environmental quality, including cumulative impact and loss of retail use/character, contrary to policies TACE 9 and SS5.

Erection of full height side extension facing Malvern Road, demolition of existing mansard roof and mechanical plant and replacement with enlarged mansard roof extension at third floor level across extended building to provide additional hotel accommodation (Class C1).

A late representation was received from the applicant, Brooks/Murray Architects (22.06.2015).

RESOLVED:

That conditional permission be granted, subject to an additional conditon requiring removal of parapet signage.

Erection of a raised single storey office building adjacent to electricity sub-station fronting Rossmore Road for financial and professional services use (Class A2).

RESOLVED:

That conditional permission be granted.