Agenda and minutes

To note any changes to the membership.

It was noted that Councillor Tim Roca had replaced Councillor Barbara Grahame.

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 Andrew Smith 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 Smith also declared that in respect of Item 5 the application was in his ward. He also declared that Item 8 was in his ward and he had met the applicant with regard to an earlier application. He had not spoken to the applicant regarding the current application.

2.3       Councillor Hyams declared that she had attended a meeting on the site of the application.

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

RESOLVED:

That the Minutes of the meeting held on 3 May 2016 be signed by the Chairman as a correct record of proceedings.

Applications for decision

Use of the building to provide 27 residential dwellings. Alterations at  basement level to provide five car parking spaces, alterations to the rooftop plant areas and elevations at fifth floor level.

A late representation was received from Savills (25/05/16).

The presenting officer tabled the following revised recommendation:

1.            Grant conditional permission subject to a S106 legal agreement to secure the following:

i)             A payment of £200,000 to the Council’s affordable housing fund (index linked and payable on commencement of development).

ii)            All residents to be entitled to free membership of a car club scheme. Developer to undertake to pay annual access charge for 25 years from first occupation.

iii)           Unallocated parking.

iv)           Monitoring payment.

2.            If the S106 legal agreement has not been completed within three months of the date of the Planning Applications Committee resolution, then:

a)            The Director of Planning shall consider whether it will be possible or 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 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.

The presenting officer also tabled the following revision to Conditions 10 and 17:

Condition 10 – revised wording

You must provide each car parking space shown on the approved drawings prior to occupation, which for the avoidance of doubt includes the disabled parking bay, and each car parking space shall only be used for the parking of vehicles of people living in the development. Thereafter the parking spaces shall be maintained for the lifetime of the development. (C22BA)

Condition 17 - deleted

RESOLVED: That the application be deferred to permit the applicant to reconsider the amount of its offered contribution towards the Borough’s affordable housing fund.

Change of use to a gym (Class D2) at part ground, basement and sub-basement levels.

The presenting officer tabled the following additional condition:

You must use the property only for gymnasium use. You must not use it for any other purpose, including any within Class D2 of the Town and Country Planning (Use Classes) Order 1987 as amended April 2005 (or any equivalent class in any order that may replace it). (C05AB)

RESOLVED: That subject to the additional condition tabled conditional permission be granted.

Dual/alternative use of the basement and ground floor for either retail use  (Class A1) or use as gallery, social and business hub, private members club and cultural venue (sui-generis).

An additional representation was received from the St James’s Residences Residents Association (27/05/16).

The presenting officer advised the Committee that Informative 3 of the Draft Decision Letter required deleting.

RESOLVED: That conditional permission be granted.

The item was deferred to a future meeting.

Erection of single storey roof extension to provide three flats (Class C3)  with plant enclosure to roof and alteration facades including new  residential entrance at ground floor level and replacement of spandrel  panels to windows.

An additional representation was received from Westminster City Council’s Environmental Health Department (25/05/16).

RESOLVED: That subject to the addition of an extra Informative advising preference that a bicycle storage area be provided in the courtyard of the development, conditional permission be granted.

Installation of air conditioning condenser units within acoustic enclosure to rear garden.

RESOLVED:

1)            That conditional permission and conditional listed building consent be granted; and

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

Two storey rear extension, single storey side extension plus mansard roof extension together with associated works including an air condenser within single storey side extension.

A late representation was received from a local resident (undated).

RESOLVED: That conditional permission be granted subject to the addition of Informatives encouraging the applicant to formulate a construction management plan in discussion with neighbours and encouraging membership of the Considerate Constructors Scheme.

Reinstatement of missing chimney pots and installation of chimney extract flue, CCTV cameras to the front and rear entrances, new timber trellis on rear boundary wall, external lighting to front and rear elevations, satellite dish to chimney stack at roof level and date inscription of  lettering to front portico plinth.

RESOLVED:

1)            That conditional permission and conditional listed building consent be granted; and

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 outbuilding within rear garden for ancillary storage use to ground and first floor maisonette.

A late representation was received from Councillor Jan Prendergast (31/05/16).

RESOLVED: That conditional permission be granted.

Erection of single storey outbuilding within the rear garden for ancillary use to ground floor flat.

RESOLVED: That conditional permission be granted.

Removal of the existing steps to the front entrance, to install a new ramp to provide level access including alteration to the front doorway.

Additional representations were received from The Howard de Walden Estate (25/05/16) and Moorfields (01/04/16).

The presenting officer circulated an updated site location plan (27/05/16).

A late representation was received from John Dickie (31/05/16).

Councillor Karen Scarborough addressed the Committee in her capacity as a ward member.

RESOLVED: That against the recommendation permission be granted with the conditions to be agreed under the Director’s delegated powers. The Committee considered that any harm to the Conservation Area was outweighed in the circumstances of the case by the public benefit of sustaining the medical uses in the Harley Street Special Policy Area and by benefit of the level access to the prospective tenant.

Erection of a full height extract duct on the rear elevation of the property in association with the approved restaurant at basement and ground floor levels.

An additional representation was received from Councillor Jonathan Glanz (26/05/16).

Late representations were received from Councillor Paul Church (31/05/16) and a local resident (28/05/16).

RESOLVED: That conditional permission be granted subject to condition 7 being revised to secure a detailed scheme for paintwork of the external duct, including brick bond, and detailed proposals for its subsequent implementation, regular repainting and future maintenance.

Installation of 1no.condensing unit to the lightwell at third floor level and the internal installation of 5no. fan coil units at first floor level.

RESOLVED:

1)            That conditional permission be granted;

2)            That conditional listed building consent be granted; and

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