Agenda and minutes

To note any changes to the membership.

There were no changes to the membership.

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 declared in respect of item 5 that he had received a phone message from John Zamit who was representing the South East Bayswater Association.  In respect of item 6 he declared that he has previously used the TfL cycle hire scheme.  He also declared in respect of item 8 that he lives in Cambridge Street but some distance away from the application site.

2.3       Councillor Robert Rigby declared in respect of item 2 that the application site is located in his Ward.  In respect of item 6 he declared that he is a bike user and has previously used the TfL cycle hire scheme.

2.4       Councillor Grahame declared in respect of item 4 that she lives in the ward but some distance away from the application site.

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 24 January 2017 be signed by the Chairman as a correct record of proceedings.

The City Council had made a tree preservation order (TPO) to protect one Bay tree located in the garden at 98 Ebury Street, London, SW1W 9QD.  The TPO was provisionally effective for a period of six months from 13 September 2016 during which time it may be confirmed with or without modification. If not confirmed, the TPO will lapse after 12 March 2017.

The TPO was made because the tree has significant amenity value and makes a valuable contribution to the character and appearance of the conservation area. The City Council, having been made aware of the proposal to remove the Bay tree considered it expedient in the interests of the amenity that a TPO was made in order to safeguard its preservation and future management.

Objection to the TPO had been made by Eleven 10 Architecture on behalf of 98 Ebury Mews, London, SW1W 9QD.

The City Council’s Arboricultural Officer had responded to the objections.

RESOLVED:

That the Tree Preservation Order No. 633 (2016) be confirmed with permanent effect.

Applications for decision

Use of second floor as offices (Class B1). Installation of new shopfronts

on Regent Street and replacement of roller shutter with new shopfront on

Glasshouse Street.Internal reconfiguration. Installation of roof top plant

and reconfiguration of roof top structures. Use of part basement as

ancillary cycle storage.

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

Revised recommendation:

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

(a) Payment to fund works to the highway at Glasshouse Street to raise the redundant dropped kerb

(b) Costs of monitoring the S106 agreement.

2. If the S106 legal agreement has not been completed within six weeks of the date of this 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.

3. 2. Grant conditional listed building consent

4. 3. Agree the reasons for granting listed building consent as set out in Informative 1 of the draft decision letter.

Additional Condition 15

You must not start work on the site until we have approved appropriate arrangements for securing the removal of the dropped kerb onto Glasshouse Street and its replacement with at grade pavement to match the adjoining pavement. You must include in the arrangements details of when these works will take place and how you will guarantee this timing.

You must not occupy the second floor as offices until the dropped kerb onto Glasshouse Street has been removed and has been replaced with at grade pavement to match the adjoining pavement further to the above approved arrangements

Reason:

To secure an improved pedestrian environment, as required by Policy S41 of the Westminster City Plan (adopted in November 2016) and Policy TRANS 3 of the Unitary Development Plan (adopted January 2007).

Additional Informative 8

Condition 15 prevents work starting on the development until you have applied for, and we have given, our approval for certain matters. It is important that you are aware that any work you start on the development before we have given our approval will not be authorised by this permission.  (I77BA)

Additional Informative 9

Under Condition 15 we are likely to accept an agreement under Section 278 of the Highway Act (1980) to secure the removal of the dropped kerb onto Glasshouse Street and its replacement with at grade pavement to match the adjoining pavement. Once the wording of the agreement has been finalised, you should submit an application for approval of the details required  ...  view the full minutes text for item 1.

Excavation of a basement extension, demolition of the existing first floor and erection of a first and second floor level extension, erection of new kitchen extract duct and installation of mechanical plant at roof level within an enclosure. Use of extended building as a restaurant (Class A3) at basement and ground floor levels and as four residential flats (Class C3) on the upper floors.

A late representation was received from Deniz Gul (27/2/17) and Stella Davies (27/2/17).

RESOLVED:

That conditional permission be granted.

Use of the ground and basement floors as a sui generis use comprising retail and cafe elements.

RESOLVED:

That conditional planning permission be granted.

Application 1 (16/11702/FULL)

Alterations to rear bay windows at first and second floor levels

(retrospective application).

Application 2 (16/11705/FULL)

Installation of paved deck and concealed hatch to front garden and

alteration to front railings to form a gate.

Application 3 (16/11706/FULL)

Erection of infill dormer structure to the front roof between roof slope and

party wall with No.18 (retrospective application).

Application 4 (16/11707/FULL)

Erection of infill dormer structure to rear roof between roof slope and

party wall with No.18.

An additional representation was received from dell Renzio and del Renzio LLP (undated).

RESOLVED:

Application 1 (16/11702/FULL)

That permission be refused on design grounds.

Application 2 (16/11705/FULL)

That permission be refused on design grounds.

Application 3 (16/11706/FULL)

That permission be refused on design grounds.

Application 4 (16/11707/FULL)

That permission be refused on design grounds.

Installation of a kitchen extract duct to side elevation facing Conduit Place.

RESOLVED:

That conditional permission be granted subject to an additional condition limiting the operation of the duct to 08.00 – 23.00 daily.

Installation on the carriageway adjacent to 46 - 49 Eastcastle Street of a Cycle Hire docking station, containing a maximum of 26 docking points for scheme cycles plus a terminal.

RESOLVED:

That conditional permission be granted.

Installation of three air conditioning units within louvred enclosures and one kitchen fresh air supply at rear ground floor roof level and re-roofing of single pitch lean-to extension at rear first floor level with slate and zinc cladding (partially retrospective application).

RESOLVED:

1.            That conditional permission be granted.

2.            That conditional listed building consent be granted.

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

Variation of condition 1 of planning permission dated 20 May 2015 (RN 15/02655/FULL) for extension at lower ground floor level to include use of part of roof as terrace, demolition and rebuilding of closet wing with alterations to windows and doors, namely to remove roof light from ground floor infill extension and insert gate into roof railings (retrospective).

Councillor Wilkinson addressed the committee in her capacity as a Ward councillor.

RESOLVED:

That conditional permission be granted.

Variation of Conditions 1 and 6 of planning permission and condition 1 of listed building consent both dated 15 December 2011 (RNs: 11/07657/FULL and 11/07659/LBC) for demolition and rebuild of 44 Ebury Mews to provide a self-contained residential unit at ground and first floor level, formation of new basement beneath mews building to provide additional residential accommodation in connection with the main house at 45 Chester Square, construction of a four storey lift shaft extension to the rear of 45 Chester Square, installation of mechanical plant within front basement vaults, infill extension to rear lightwell, and rebuilding of part rear façade, namely provision of roof terrace with railings on part of the roof of 44 - 45 Ebury Mews with access via doors in rear elevation of 45 Chester Square.

The presenting officer tabled the following additional conditions to be added to the draft decision letter:

You must carry out the works in accordance with the detailed drawings of the fall arrest system to the closet wing approved by the City Council as Local Planning Authority on 11 December 2012 under reference 12/10382/ADFULL or in accordance with other detailed drawings as submitted and approved by the City Council.

You must install the railing and planters in the position shown on drawing LD CS_05 PLN 102 Rev R2. Thereafter the railings and planters must be retained as shown at all times when the roof terrace is being used.

RESOLVED:

1.            That conditional permission and conditional listed building consent be granted subject to the additional conditions tabled and set out above and an additional condition prohibiting any fixed external lighting of the terrace unless planning permission is granted.

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

Excavation of new basement with rear lightwell. Erection of a rear extension at lower ground floor.

The presenting officer tabled the following additional condition to be added to the draft decision letter:

You must apply to us for approval of the ways in which you will protect the trees which you are keeping, as shown on drawing 099-05 G and 099-06 G. You must not start any demolition, site clearance or building work, and you must not take any equipment, machinery or materials for the development onto the site, until we have approved what you have sent us. The tree protection must follow the recommendations in section 7 of British Standard BS5837: 2005. You must then carry out the work according to the approved details.  (C31AC)out the work according to the approved drawings. 

Late representations were received from Councillor Williams (28/2/17) and Mrs G Thornburn (undated).

RESOLVED:

1.            That conditional permission and conditional listed building consent be granted subject to the additional condition tabled and set out above.

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

Installation of new shopfront with openable windows (retrospective application).

RESOLVED:

That conditional permission be granted subject to revising condition 3 so that the two openable sections of the shop front cannot be opened before10.00 onwards on Sunday and bank holidays.