Agenda and draft minutes

Planning (Major Applications) Sub-Committee
Tuesday 2nd July, 2019 6.30 pm

Venue: Rooms 18.01 & 18.03, 18th Floor, 64 Victoria Street, London, SW1E 6QP. View directions

Contact: Georgina Wills: Committee and Governance Officer  Tel: 020 7641 7513; Email:  gwills@westminster.gov.uk

Items
No. Item

1.

Membership

To note any changes to the membership.

Minutes:

1.1       There were no changes to the membership.

2.

Declarations of Interest

To receive declarations by members and officers of the existence and nature of any personal or prejudicial interests in matters on this agenda.

Minutes:

2.1       Councillor Gotz Mohindra explained that a week before the meeting, all six 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 Mohindra then made the following declarations as they related to the agenda:

 

            Item 1: That he had attended a pre-application meeting with Council officers.

 

            Item 2: That he knows the agent for this application, but had not discussed the matter with them.

 

            Items 4 and 5: That his employer owned property in the area, but did not consider this as a prejudicial interest.

 

            Item 7: That an employee of the applicant was an acquaintance, but had not discussed the application with them.

 

2.3       Councillor David Boothroyd declared that he is Head of Research and Psephology for Thorncliffe, whose clients arecompanies applying for planning permission from various local authorities. No current schemes are in Westminster; if there were I would be precluded from working on them under the company’s code of conduct. Some Thorncliffe clients have also engaged planning consultants who are separately representing the applicants at the meeting, these being: Gerald Eve on items 1, 2, 4, 5, 7 and 8, and DP9 on item 6. However, Councillor Boothroyd stated that he did not deal directly with clients or other members of project teams, and planning consultants are not themselves clients.

 

2.4       Councillor Boothroyd also declared that he was a member of previous committees considering applications relevant to items 2, 4, 5, 7 and 8 respectively.

 

2.5       Councillor Geoff Barraclough declared that he attended the same university as one of the architects in respect of items 4 and 5, however he did not consider this a prejudicial interest.

3.

Minutes pdf icon PDF 252 KB

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

Minutes:

3.1       RESOLVED:

 

            That the minutes of the meeting held on 4 June 2019 be signed by the Chairman as a correct record of proceedings.

4.

Planning Applications

Applications for decision

1.

Pegasus House, 37-43 Sackville Street, London W1S 3EH pdf icon PDF 2 MB

Minutes:

Redevelopment of Nuffield House and Pegasus House including demolition behind a retained facade (west, south and east) of Nuffield House and replacement building comprising 2 level basement, ground, mezzanine and first to seventh floor and demolition and replacement of Pegasus House comprising 2 level basement, ground, mezzanine and first to fifth floors; amalgamation of the two buildings to provide new office (Class B1), retail (Class A1), restaurant (Class A3), flexible office / retail (Class B1 / A1), and residential accommodation (Class C3); and other associated works. (Linked to 19/00530/LBC).

 

An additional representation was received from the Area Planning Officer (undated).

 

Lynn Smith addressed the Sub-Committee in support of the application.

 

RESOLVED UNANIMOUSLY:

 

1.         That conditional permission be granted, subject to a Section 106 legal        agreement to secure the following:

 

i) Carbon offset payment of £167,680 (index linked) to be paid on commencement of development.

 

ii) All highway works immediately surrounding the site required for the development to occur, including changes to footway levels, on-street restrictions, reinstatement of redundant vehicle crossovers and associated work (legal, administrative and physical)

 

iii) A financial contribution towards employment, training and skills of £ 74,877 or £60,968 (index linked) payable on commencement of development.

 

iv)) Stopping up and dedication of land; and

 

v) Monitoring costs.

 

2.         That if the legal agreement has not been completed within six weeks of the date of the Committee resolution, then:

 

a) The Director of Place Shaping and Town Planning shall consider whether the permission can be issued with additional conditions attached to secure the benefits listed above. If this is possible and

appropriate, the Director of Place Shaping and Town Planning is authorised to determine and issue  such a decision under Delegated Powers; however, if not

 

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

 

3.         That the making of a draft order pursuant to s247 of the Town and Country Planning Act 1990 be authorised for the stopping up and dedication of parts of the public highway to enable this

development to take place.

 

4.         That the Executive Director of City Management & Communities or other appropriate officer be authorised to take all necessary procedural steps in conjunction with the making of the order and to make the order as proposed if there are no unresolved objections to the draft order. The applicant will be required to cover all costs of the Council in progressing the stopping up order.

 

5.         That conditional listed building consent be granted.

 

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

2.

Development Site At 8-10 Grafton Street, 11-14 Grafton Street And 22-24 Bruton Lane, London pdf icon PDF 2 MB

Minutes:

Demolition of all existing buildings and redevelopment to provide a seven storey building (plus three storey basement) on Grafton Street and a linked 11 storey building (plus two storey and part three storey basement) on Bruton Lane/Barlow Place comprising up to six residential units (Class C3), use of the remaining floorspace for use as a hotel and associated facilities (Class C1), retail (Class A1), flexible retail/restaurants (Class A1 and A3), flexible hotels/restaurants (Classes C1 and A3), and flexible hotel/restaurants/bars (Classes C1, A3 and A4), flexible hotel/spa (Classes C1 and D2), creation of a recessed drop off onto Grafton Street, creation of terrace areas at ground/first floor level overlooking Bruton Lane and at sixth floor level on the Grafton Street building, installation of plant at roof level and associated provision of open space and landscaping. (Site includes 163-164 New Bond Street).

 

Dismantling of the Grade II listed shopfront and re-erection in Barlow Place following the wider redevelopment of 8-14 Grafton Street, 22-24 Bruton Lane and 163-164 New Bond Street.

 

An additional representation was received from the Area Planning Officer (undated).

 

A late representation was received from O & H Grafton Developments Limited (undated).

 

The presenting officer tabled the following revised recommendations:

 

1.         Grant conditional permission, subject to referral to the Mayor of London and subject to S106 legal agreement to secure the following:

 

i) A financial contribution to the carbon offsetting fund of £1,800 (index linked and payable prior to commencement of development;

 

ii) Highway works to renew the footways around the site, providing access to and egress from the porte cochere; to make adjustments to the TfL cycle hire station on Grafton Street; to make adjustments to the motorcycle bay in Bruton Lane;

 

iii) Stopping up order and possibly dedication of highway;

 

iii) A financial contribution towards employment, training and skills of £253,965 (index linked) payable on commencement of development;

 

iv) Dismantlement and re-erection instatement of the listed 'Wartski' shopfront;

 

v) Demolition clauses;

 

vi) Travel plan; and

 

vii) costs of monitoring the S106.

 

2.         If the S106 legal agreements has not been completed within six eight weeks of the date of the Committee resolution, then: (the rest of the recommendation is as per the published report).

 

RESOLVED UNAIMOUSLY:

 

1.         That conditional permission, subject to referral to the Mayor of London and subject to a Section 106 legal agreement to secure the following:

 

i) A financial contribution to the carbon offsetting fund of £1,800 (index linked and payable prior to commencement of development;

 

ii) Highway works to renew the footways around the site, providing access to and egress from the porte cochere; to make adjustments to the TfL cycle hire station on Grafton Street; to make adjustments to the motorcycle bay in Bruton Lane;

 

iii) A financial contribution towards employment, training and skills of £253,965 (index linked) payable on commencement of development;

 

iv) Dismantlement and re-erection iof the listed 'Wartski' shopfront;

 

v) Demolition clauses;

 

vi) Travel plan; and

 

vii) costs of  ...  view the full minutes text for item 2.

3.

45-57 Marylebone Lane, London W1U 2NT pdf icon PDF 2 MB

Minutes:

Redevelopment of 45-57 Marylebone Lane and 20-27 Thayer Street behind a retained Marylebone Lane facade, to provide a new building for retail use (Class A1) at part basement and ground floor levels, nursery use (Class D1) at part basement, ground and first floor levels and office use (Class B1) at part basement, part ground and from first to fourth floor level with a roof top plant enclosure to 20-27 Thayer Street and a green roof throughout. Creation of terraces from second to fourth floor level with the central courtyard [Site includes 20-27 Thayer Street Street].

 

Additional representations were received from Drew Planning & Development (25.06.2019) and The Howard de Walden Estate (27.06.2019).

 

A late representation was received from a local resident (02.07.2019).

 

RESOLVED (Councillors Gotz Mohindra, David Boothroyd, Murad Gassanly, Jim Glen and Elizabeth Hitchcock for, Councillor Geoff Barraclough against):

 

That conditional permission be granted.

4.

Development Site (Nova) At Bressenden Place, Victoria Street, Allington Street And Buckingham Palace Road London SW1E 5EF (Nova East) pdf icon PDF 919 KB

Minutes:

Variation of condition 37 of permission dated 08/03/2016 (ref 15/08006/FULL) for Construction of a new 16 storey office (Class B1) building (Building 6a) fronting a realigned Allington Street and Bressenden Place with part flexible retail use (Class B1/A1-A5) at ground and first floor. The proposal includes new basement levels connected to the adjacent Nova basement with associated highways, utilities and other associated works, including hard landscaping / public realm works. NAMELY, further realignment of Allington Street and rotation of the permitted building, removal of basement floor space, increased office floorspace, amendments to the design of the facade, and associated works including decreased storey heights to enable the inclusion of two additional storeys without increasing the permitted height of the building.

 

Additional representations were received from the Highways Planning Manager (26.06.2019) and the Cathedral Area Residents Group (26.06.2019).

 

Late representations were received from Delfant Mackintash Theatres Limited (01.07.2019 and 02.07.2019)), Transport for London (28.06.2019) and Gerald Eve (01.07.2019).

 

The presenting officer tabled the following amendments to the recommendations:

 

1. Grant conditional permission subject to a deed of variation to the original S106 legal agreement dated 9 October 2009 (as varied and secured under ref 08/08205/FULL) and subject to the views of the Mayor, to secure the following:

 

i. A payment of £12,449,773 (index linked) to the Council's affordable housing fund payable on commencement of development.

ii.A payment of up to £3,441,200 towards Crossrail.    . 

iii) All highway works immediately surrounding the site required for the development to occur, including changes to footway levels, on-street restrictions, reinstatement of redundant vehicle crossovers, provision of bus stand in Allington Street and associated work (legal, administrative and physical).

iv) Stopping up and dedication of land;

v) Employment and Training Skills Plan to be provided 6 months prior to the commencement of post-piling construction works.

and

vi) Monitoring payment of £500 for each obligation.

 

2.         If the legal agreement has not been completed within six weeks of the date of the Committee resolution, then:

 

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

 

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

 

3. That Committee authorises the making of a draft order pursuant to s247 of the Town and Country Planning Act 1990 for the stopping up and dedication of parts of the public highway to enable this development to  ...  view the full minutes text for item 4.

5.

Development Site (Nova) At Bressenden Place, Victoria Street, Allington Street And Buckingham Palace Road London SW1E 5EF (Nova Place) pdf icon PDF 1 MB

Minutes:

Construction of a ground floor plus part four, six and seven storey building with new basement fronting Allington Street, Bressenden Place and Victoria Street for use as offices (Class B1), flexible retail (Class A1/A2/B1), flexible office/library (Class B1/D1) and flexible retail/library/office (Class A1/A2/B1/D1) and associated works, hard landscaping, highway, utilities and ancillary works with servicing from Bressenden Place. Reinstating elements of the retained facade and interiors of Sutton House.

 

Additional representations were received from the Highways Planning Manager (26.06.2019) and the Cathedral Area Residents Group (26.06.2019).

 

Late representations were received from Delfont Mackintosh Theatres Limited (01.07.2019 and 02.07.2019)), the Cathedral Area Residents Group (01.07.2019), Transport for London (28.06.2019) and Gerald Eve (01.07.2019).

 

The presenting officer tabled the following amendments to the recommendations:

 

1. Grant conditional permission subject to a deed of variation to the original S106 legal agreement dated 9 October 2009 (as varied and secured under ref 08/08206/FULL) and subject to the views of the Mayor, to secure the following:

 

i) The Class D1 (library) space at a peppercorn rent for a period of 25 years

ii) A one-off capital sum of £1,000,000 (index linked to 2012) to be used as a sinking fund to off-set the management costs associated with a multi-level library including use of Smart Technology.

iii) Extend the long stop period for paying the Community Space Contribution if an agreement for lease has not been negotiated to three years from the date of planning permission. 

iv) All highway works immediately surrounding the site required for the development to occur, including changes to footway levels, on-street restrictions, reinstatement of redundant vehicle crossovers, provision of bus stand in Allingston Street and associated work (legal, administrative and physical).

v) Stopping up and dedication of land;

vi) Employment and Training Skills Plan to be provided prior to commencement of post-piling construction works, and 

vii) Monitoring payment of £500 for each obligation.

 

2.         If the legal agreement has not been completed within six weeks of the date of the Committee resolution, then:

 

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

 

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

 

3. That Committee authorises the making of a draft order pursuant to s247 of the Town and Country Planning Act 1990 for the stopping up and dedication of parts of the public highway to enable this  ...  view the full minutes text for item 5.

6.

Townsend House, Greycoat Place, London SW1P 1BL pdf icon PDF 1007 KB

Minutes:

Demolition of existing building and redevelopment to provide a building of basement, ground and five upper floors with plant enclosure at roof level, comprising a retail unit and office reception at ground level, offices at first to fourth floors and two residential (Class C3) units at fifth floor; ancillary plant, cycle and refuse storage at basement level.

 

Late representations were received from 6 local residents (04.06.2019, 27.06.2019 x 2, 28.06.2019 x 2 and 01.07.2019), Alpha Real Estate Advisers ((26.06.2019) and the Cathedral Area Residents Group (01.07.2019).

 

Henry Squire addressed the Sub-Committee in support of the application.

 

Julian Black addressed the Sub-Committee in objection to the application.

 

Duncan Henderson addressed the Sub-Committee in objection to the application.

 

Andrew Manley also addressed the Sub-Committee in objection to the application.

 

Peter Roberts, representing the Cathedral Area Residents Group, addressed the Sub-Committee in objecting to the application.

 

Councillor Selena Short addressed the Sub-Committee on behalf of ward councillors and residents in raising concerns about the application.

 

RESOLVED (Councillors Gotz Mohindra, Murad Gassanly, Jim Glen and Elizabeth Hitchcock for, Councillors David Boothroyd and Geoff Barraclough against):

 

That conditional permission be granted, subject to a Section 106 legal agreement to secure the following:

 

i) Carbon offset payment of £24,085 (index linked) to be paid on commencement of development.

 

 ii) All highway works immediately surrounding the site required for the development to occur, including changes to footway levels, on-street restrictions, reinstatement of redundant vehicle crossovers and associated work (legal, administrative and physical)

 

iii) A financial contribution towards employment, training and skills of £95,966 (index linked) payable on commencement of development.

 

iv) Car club membership for residents (for a minimum of 25 years)

 

 v) Monitoring costs

7.

Unit 35 Jubilee Hall, Jubilee Market, The Piazza, Covent Garden, London, WC2E 8BE pdf icon PDF 2 MB

Minutes:

Amalgamation of 1A Tavistock Street and 35 The Piazza to form a restaurant and late night entertainment, live music and performance venue (Sui Generis) including associated internal alterations and external alterations to entrances and ground and mezzanine windows.

 

Late representations were received Gerald Eve (28.06.2019) and a local resident (27.06.2019).

 

The presenting officer tabled the following amended condition 7:

 

Revise condition 7

The restaurant and live music/ performance venue shall only be open to patrons between 08:00 and 03:30 the next day on Monday to Saturday, and 08:00 and 01:00 the next day on Sunday.

 

Andy Hicks addressed the Sub-Committee in support of the application.

 

RESOLVED UNANIMOUSLY:

 

1.         That conditional permission, subject to an amended condition 7 as set out above, and conditional listed building consent be granted.

 

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

8.

Army Reserve Centre, 52 - 56 Davies Street, London, W1K 5HR pdf icon PDF 548 KB

Minutes:

Use of 56 Davies Street as immersive theatre space and ancillary uses (sui generis) for a period of 36 months.

 

A late representation was received from Gerald Eve (27.06.2019).

 

Louis Hartshorn addressed the Sub-Committee in support of the application.

 

RESOLVED UNANIMOUSLY:

 

That conditional permission for a temporary period of 36 months be granted.