Agenda and minutes

To note any changes to the membership.

1.1       It was noted that Councillor Ruth Bush 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       Cllr Bush declared that in respect of Item 1 she was a Trustee of the Westminster Tree Trust and in respect of Item 6 she had sat on the Sub-Committee which had considered a previous application on the same site.

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

3.1      RESOLVED:  That the Chairman sign the minutes of the meeting held on 10 October 2017 as a correct record of proceedings.

Applications for decision

Works of demolition and redevelopment to the podium/ car park structure and redevelopment of site in a building comprising ground and five upper floors to provide 60 residential units (Use Class C3), including terraces and balconies, a communal garden space and 54 car parking spaces with altered entrance from Hall Place. Provision of 101 sqm of retail space fronting onto Edgware Road (Use Class A1/A2/A3). Replacement boundary treatment works and planting on Edgware Road, including replacement of trees and works to the raised bund in front of Parsons House. Re-location of existing recycling centre.

An additional representation was received from TfL (31/10/17).

RESOLVED:

That conditional permission be granted under Regulation 3 of the Town and Country Planning General Regulations 1992, subject to:

1.            An amended landscaping condition requiring the on-going maintenance of the communal garden space;

2.            An informative be added to the draft decision letter requesting that the leases for the residential units stipulate that the balcony areas be kept free of clutter;

3.            The satisfactory completion of a Unilateral Undertaking to secure the following:

a)     Provision of affordable housing in the form of 19 units (10 social rent units/ 9 intermediate housing units);

b)     Not to occupy the private market housing until the affordable housing units are available for occupation;

c)      Highways works to facilitate the proposed development and including vehicular crossovers, creation of a relocated parking space; reinstatement of redundant crossovers and paving;

d)     Car park strategy including all car parking spaces provided for the development itself and on an unallocated basis;

e)     Lifetime Car club membership for all units in the development;

f)       Management strategy for the development;

g)     Relocation of the micro-recycling centre;

h)     Employment training and apprenticeships opportunities for residents of Westminster; and

i)     Monitoring costs.

4.        If the Unilateral Undertaking had not been completed within six weeks of the date of the Committee's resolution then:

a)     The Director of Planning should consider whether the permission can be issued with additional conditions attached to secure the benefits listed above. If this was possible and appropriate, the Director of Planning was authorised to determine and issue such a decision under Delegated Powers; however, if not;

b)    The Director of Planning should consider whether permission should be refused on the grounds that it had not proved possible to complete an Undertaking within an appropriate timescale, and that the proposals were unacceptable in the absence of the benefits that would have been secured; if so the Director of Planning was authorised to determine the application and agree appropriate reasons for refusal under Delegated Powers.

Demolition of existing dwelling house and erection of four storey building to provide 7 residential units (Class C3).

An additional representation was received from Westminster City Council’s Highways Planning Officer (26/10/17).

RESOLVED:

That conditional permission be granted subject to:

1.            An additional condition restricting the use of the retained on-site parking space to occupiers of the development only;

2.            An additional condition requiring the retention of the amenity space; and

3.            An additional informative requesting that the leases for the residential units stipulate that the balcony areas be kept free of clutter.

The item was withdrawn from the agenda by the applicant.

Use of part ground floor level and first to second floor levels for either continued office (Class B1) use or retail (Class A1) use or a sui generis use comprising retail, restaurant and bar elements; the installation of a full height extract duct on the rear elevation and installation of plant with associated acoustic screening on the flat roof area at rear first floor.

A late representation was received from Monmouth Planning Ltd (06/11/17).

RESOLVED:

That the application be deferred to allow the applicant to conduct sound insulation tests between the applicant premises and the adjoining residential property and report any findings back to a future Planning Sub-Committee meeting. The applicant was also asked to consider reducing the terminal hour of the premises to 00:00 Monday to Saturday and 22:30 on Sundays.

Use of the basement and ground floors as a restaurant (Class A3), installation of a new shop front and replacement roof light at rear first floor level. Installation of an internal high level extract duct to terminate at main roof level.

An additional representation was received from Mr James Tarling (31/10/17).

The presenting officer tabled the following additional condition:

Condition 17

The glass that you put in the replacement rear rooflight must be opaque glazed and must not be clear glass, and you must not change it without our permission.  The rooflight must be permanently fixed shut.

Reason:

To protect the privacy and environment of people in neighbouring properties, as set out in S29 of Westminster's City Plan (November 2016) and ENV 13 of our Unitary Development Plan that we adopted in January 2007.

RESOLVED:

That conditional planning permission, as amended, be granted subject to:

1.            An additional condition restricting servicing of the restaurant to between the hours of 07:00 and 22:00 Monday to Saturday with no servicing permitted on Sundays;

2.            A legal agreement to secure:

i)         Upon implementation of this permission the planning permission (15/07544/FULL) for the residential use of the upper floors of the building shall not be implemented.

ii)        Or, that this permission shall not be implemented should the planning permission (15/07544/FULL) for the residential use of the upper floors of the building be implemented.

iii)      Costs for monitoring the legal agreement.

3.            If the S106 legal agreement had not been completed within six weeks of the date of the Committee resolution, then:

(a)      The Director of Planning should consider whether it would be possible and appropriate to issue the permission with additional conditions attached to secure the benefits listed above. If so, the Director of Planning was authorised to determine and issue the decision under Delegated Powers; however, if not;

(b)     The Director of Planning should consider whether the permission should be refused on the grounds that the proposals were unacceptable in the absence of the benefits which would have been secured; if so, the Director of Planning was authorised to determine the application and agree appropriate reasons for refusal under Delegated Powers.

Use of public highway for the placing of 5 wooden picnic benches on the public highway in Middleton Place measuring 10m x 1.5m and 1 picnic bench in Langham Street measuring 1.5m x 1.8m enclosed by a total of 9 canvas barriers.

RESOLVED:

That conditional permission be granted for a temporary period of one year.