Agenda and draft minutes

To note any changes to the membership.

1.1      Apologies were received from Councillor Jonathan Glanz.

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 Angela Harvey 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 Harvey declared that she had attended a site visit in respect of Item 3.

2.3       Councillor Bott declared that in respect of Items 1 and 6 they were both located within his ward.

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

RESOLVED:

That the minutes of the meeting held on 20 February 2018 be signed by the Chairman as a correct record of proceedings.

Applications for decision

1             Site 1: 142 - 146 Harley Street and 32-34 Park Crescent Mews West, London, W1G 7LE, Site 2: 89 Marylebone High Street, London, W1U 4QW, Site 3: 83A Marylebone High Street, London, W1U 4QP

Site 1

Use of the ground and first floor of 32-34 Park Crescent Mews as medical (Class D1). Alterations including excavation at lower ground floor level, partial infilling of rear light wells, erection of new rear extensions at first floor levels to provide plant rooms and enlargement of existing lift, all in order to provide additional medical (Class D1) floorspace at 142-146 Harley Street. Removal of the front steps of 142 and 146 Harley Street and the installation of a new 'sesame lifts' to both buildings. Installation of new plant within existing vaults and at roof level and installation of a new sub-station at ground floor level of 32 Park Crescent Mews West. Internal alterations. (Part of a land use package with 83A Marylebone High Street and 89-92 Marylebone High Street).

Site 2

Erection of a single storey mansard roof extension and reconfiguration of existing units to create two additional residential units (Class C3), creation of three new terraces, one at rear third floor level and two to the rear of the new fourth floor (Part of a land use package with 142-146 Harley Street and 32-34 Park Crescent Mews West).

Site 3

Erection of roof extension to create new fourth floor level to enlarge existing second and third floor flat (Class C3) (Part of a land use package with 142-146 Harley Street and 32-34 Park Crescent Mews West).

The presenting officer tabled the following amendment to condition 2 of the listed building consent:

You must apply to us for approval of detailed drawings at 1:20 and 1:5 showing the following alteration(s) to the scheme:

i – The removal of the service risers

ii – Alternative scheme for internal service routes, both vertically and horizontally, showing at 1:5 how the proposed service intersect with historic fabric (possibly recessed into the thickness of the party walls).

You must not start on these parts of the work until we have approved what you have sent us. You must then carry out the work according to the approved drawings. (C26UB)

A late representation was received from The Howard de Walden Estate (16/03/18).

RESOLVED:

Site 1:

1)        That conditional permission, as amended, be granted subject to a S106 legal agreement to secure:

a)        The medical (Class D1) use hereby approved should not be occupied until the works to construct the fourth floor of 83a Marylebone High Street for residential purposes for use in connection with the existing second and third floor maisonette and to construct the mansard roof extension and alter the existing third floor to create two additional residential units at 90-92 Marylebone High Street had all been completed in accordance with the planning permissions refs: 17/09780/FULL and 17/09781/FULL and the dwellings / residential floorspace were ready for occupation;

b)        A financial contribution of £62,000 towards the City  ...  view the full minutes text for item 1.

Erection of a roof extension at 5th floor level to create a self contained 3-Bed unit (Class C3).

An additional representation was received from Willingale Associates (15/03/18).

Late representations were received from GVA (15/03/18) and Willingale Associates (19/03/18 and 20/03/18)

RESOLVED:

That permission be refused on the following grounds:

1)            The location, height, scale and detailed design of the roof extension to create a new 5^th floor level with terraces would harm the appearance of the building and that part of the City; and

2)            There was not enough on-site car parking to serve the new development therefore increasing the pressure for on-street car parking which would negatively affect residents living in the area.

1.         Erection of glass enclosure lobby under existing canopy, render brickwork to front and side elevations and re-plant beds up to pavement edge.

2.         Display of two non-illuminated signs measuring 2.80m x 1.5m and 1.20m x 0.90m to the front elevation.

The presenting officer tabled the following amendments to the draft decision notices:

AMEND the description of development on 17/10600/FULL:

Erection of glass enclosure lobby under existing ground floor canopy, render brickwork to front and side elevations and erection of metal railings and reconfiguration of planters to the street frontages of the site and re-plant beds up to pavement edge.

AMEND the description of development on 17/10959/ADV (additional text in bold):

Display of two non-illuminated signs measuring 2.80m x 1.5m and 1.20m x 0.90m to the front elevation eastern elevation of the building at first and second floor levels.

Late representations were received from Councillor Susie Burbridge (20/03/18) and Sophia Massey-Cook (14/03/18).

RESOLVED:

Application 1:    That permission be refused as the Sub-Committee was of the opinion it would have a detrimental impact on the appearance of the building and the character of the Bayswater Conservation Area. It was also considered that it would have an adverse effect on the safe access and egress of students to and from the building and their efficient dispersal when leaving. The reasons for refusal to be settled by officers under delegated powers following consultation with the Chairman.

Application 2:    That conditional advertisement consent be granted.

Erection of second floor extension to north wing and use of adjacent roof as a terrace, with associated railing and party wall build up.

An additional representation was received from ESA Architecture (13/03/18).

The presenting officer tabled the following amendments to the recommendation and draft decision notice:

ADD condition 5:

You must not use the roof of the building identified as ‘existing flat roof’ on plan 0500_06 PL01 for sitting out or for any other purpose until the boundary wall between 10 and 11 Melina Place has been erected. The boundary wall shall be retained thereafter

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 permission, as amended, be granted.

Use of basement, ground, first and second floors as either / or retail (Class A1), financial and professional service (Class A2) and / or office (Class B1).

Late representations were received from Ashwell Rogers (04/12/17) and Comm Comm UK (16/03/18).

RESOLVED:

That conditional permission be granted.

Variation of condition 1 and 18 of planning permission dated 13 June 2017 (RN: 15/11114/FULL) for the Variation of Condition 1 of planning permission dated 21 August 2015 (RN: 14/10596) for a previous variation to condition to allow for amendments to the original planning permission; namely external alterations including; provision of emergency access steps and railings, introduction of bronze street lamp fittings over public highway, introduction of bronze coloured window frames, introduction of roller-shutter to car park entrance and introduction of glass balustrade to windows. NAMELY, to amend the approved drawing numbers to allow increase of flue heights, addition of heat dissipation fan, roof plant enclosure lighting, and addition of aerials.

The presenting officer tabled the following amendments:

Revised Recommendation:

1)        Grant conditional permission, subject to a deed of variation to the deed made on 13 June 2017 in association with planning permission dated 13 June 2017 (Ref: 15/11114/FULL) to the original S106 legal agreement.

2)        That if the S106 legal agreements has not been completed within six weeks of the date of the Committee resolution, then:

(a)       The Director of Planning shall 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 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 were unacceptable in the absence of the 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.

Revised Condition 22:

The lights at roof level must only be turned on when required used for maintenance purposes, they must not be eft in a ‘switched on’ position.

No change to reason.

RESOLVED:

1)        That conditional permission, as amended, be granted, subject to a deed of variation to the deed made on 13 June 2017 in association with planning permission dated 13 June 2017 (Ref: 15/11114/FULL).

2)        That if the deed of variation of the S106 legal agreements 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.