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 Richard Beddoe 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 Beddoe declared that in respect of Item 1 the application was located within his ward.

2.3       Cllr Mohindra declared that in respect of Item 8 the application was located in 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 30 August 2016 be signed by the Chairman as a correct record of proceedings.

Applications for decision.

Erection of a single storey roof extension to rear block to provide two residential units (Class C3) with roof terraces and associated screening. Extension of existing chimney stacks and provision of cycle parking at basement level.

An additional representation was received from GL Hearn (30/09/16).

The Presenting Officer circulated the following proposed amendments to the conditions:

Item 1 – Clarewood Court

Proposed changes to the following conditions:

Condition 5: The three areas of flat roof not annotated as 'roof terraces' (two on the north elevation and one on the west) on the approved drawings shall be only used for refuse storage and to escape in an emergency. These areas of flat roof shall not be used as outdoor amenity space for the flats hereby approved.

Condition 8: You must provide each cycle parking space shown on the approved drawings prior to occupation of either residential unit. Thereafter the cycle spaces must be retained and the space used for no other purpose without the prior written consent of the local planning authority.

Condition 11: You must not put structures such as canopies, fences, loggias, trellises or satellite or radio antennae on the roof terraces, other than shown on the approved drawings.

Proposed new conditions:

Condition 15: You must not use the roof of the new extension for sitting out or for any other purpose. You can however use the roof to escape in an emergency.

Reason: To protect the privacy and environment of people in neighbouring properties.  This is as set out in S29 and S32 of Westminster's City Plan (July 2016) and ENV 6 and ENV 13 of our Unitary Development Plan that we adopted in January 2007.

Condition 16: The railings on the south roof terrace must be set back by 1m from the edge of the building as shown on the drawings hereby approved and maintained in that position.

Reason: To protect the privacy and environment of people in neighbouring properties.  This is as set out in S29 and S32 of Westminster's City Plan (July 2016) and ENV 6 and ENV 13 of our Unitary Development Plan that we adopted in January 2007.

RESOLVED:

That against the recommendation the application be refused on the grounds that it would create an increased sense of enclosure to the properties opposite. The reason for refusal to be agreed under delegated powers.

Application 1: Use of part of the ground floor and basement (Unit 2) as a restaurant as an extension to an approved restaurant (Class A3) (Unit 3).

Application 2: Variation of condition 4 and 31 of planning permission dated 07 October 2015 (RN: 14/12703/FULL) for an application which itself varied conditions 1 and 16. NAMELY, to allow the use of Unit 2 at basement level and ground floor level for Class A3 purposes in connection with Unit 3 and altering the location of the restaurant lobby area. (Site includes 26-34 Broadwick Street and 10 Livonia Street).

Application 3: Installation of a partly openable shopfront to Unit 3 and alterations to the shopfront at Unit 2 including the installation of a retractable awning.

Application 4: Use of an area of the public highway measuring 13.075m x 2.66m for the placing of 12 tables and 36 chairs for use in connection with the adjacent restaurant premises.

Late representations were received from Cllr Paul Church (03/10/16) and Bill Montgomery (03/10/16).

The Presenting Officer circulated the following revised recommendation:

Application 2 - Revised Recommendation

1.     Grant conditional permission, subject to a deed of variation to the original S106 dated 6 August 2014 (which was also subject to a deed of variation dated 7 October 2014) to ensure that all the previous planning benefits were secured.

2.         That if the S106 legal agreement had not been completed within six weeks of the date of this 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 benefit listed above. If so, the Director of Planning is authorised to determine and issue such a decision under Delegated Powers; however, if not;

(b) The Director of Planning shall consider whether permission should be refused on the grounds that the proposals are unacceptable in the absence of the benefit 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.

RESOLVED:

Application 1: That conditional permission be granted.

Application 2:That conditional permission be granted.

Application 3: That conditional permission be granted.

Application 4: That conditional permission be granted.

Erection of a single storey mansard extension.

A late representation was received from Julian Young (27/09/16).

RESOLVED:

That against the recommendation the application be granted due to the terrace already containing a large number of mansard roofs, it was considered that the proposed mansard roof and the loss of the existing butterfly roof would not harm the character or appearance of the building or the Pimlico Conservation Area. Conditions to be settled under officers’ delegated powers.

Use of basement as three bedroom flat (Class C3), installation of windows to the front and rear elevations, installation of stair within front lightwell, creation of lightwell to rear and installation of railings around lightwell to rear elevation.

RESOLVED:

That conditional permission under Regulation 3 of the Town and Country Planning General Regulations 1992 be granted.

Use of basement as three bedroom flat (Class C3), installation of windows to the front and rear elevations and installation of stair within front lightwell.

RESOLVED:

That conditional permission under Regulation 3 of the Town and Country Planning General Regulations 1992 be granted.

Use of basement as three bedroom flat (Class C3), installation of windows to the front and rear elevations and installation of stair within front lightwell.

RESOLVED:

Grant conditional permission under Regulation 3 of the Town and Country Planning General Regulations 1992.

Use of basement as three bedroom flat (Class C3), installation of windows to the front and rear elevations and installation of stair within front lightwell.

RESOLVED:

That conditional permission under Regulation 3 of the Town and Country Planning General Regulations 1992 be granted.

Excavation of basement extension below footprint of existing property

with new lightwells to the front and rear.

Additional representations were received from Pennine Camphill Community (09/09/16 and Pield Health House School (14/09/16).

A late representation was received from Pield Health House School (03/10/16).

RESOLVED:

That conditional permission be granted subject to an amendment to Condition 2 preventing any noisy works from taking place on Saturdays. The Environmental Inspectorate and the applicant were also advised to take into account the special needs of the resident at 11 Abercorn Place when formulating and considering proposals under the Council’s Code of Construction Practice.