Agenda and minutes

To note any changes to the membership.

1.1      There were no changes to the membership.

To receive declarations by Members and Officers of the existence and nature of any pecuniary interests or any other significant interest in matters on this agenda.

2.1      Councillor Ruth Bush explained that a week before the meeting, all six Members of the Sub-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 emails containing objections or giving support. Members of the Sub-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 Sub-Committee, it did not mean that the issue had been ignored. Members would have read about the issue and comments made by correspondents in the papers read prior to the meeting.

2.2      Councillor Ruth Bush also declared that in respect of item 1 she had attended a presentation with a Council officer on the application but had expressed no opinion on it. In respect of item 3 she knew two of the objectors to the application, but she had not entered into any discussions with them regarding it. Finally, regarding all of the items she declared that was a Trustee of the Westminster Tree Trust.

2.3      Councillor Paul Fisher declared that in respect of item 5 the application sites were located within his ward, he also lived nearby to the sites but he did not consider this prejudicial. He had also met Mr Armstrong who was representing Grosvenor previously but had not entered into any discussions with him regarding the application, Grosvenor was also his landlord but this property was not related to the application before the Sub-Committee.

2.4      Councillor Robert Rigby declared that in respect of item 1 he and the relevant Cabinet Member had previously received a presentation from the applicant on the development but he had expressed no views on the application. In respect of item 4 the site was located within his ward, he also considered that he had a prejudicial interest and would therefore step down from the Sub-Committee and leave the room during the consideration of this item. In respect of item 5 he had sat on a Sub-Committee which had considered the original application on this site.

2.5      Councillor Mark Shearer declared that in respect of item 5 he had sat on a Sub-Committee which had considered the original application on this 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 20 September 2022 be signed by the Chair as a correct record of proceedings.

Applications for decision

Demolition of 114-150 Queensway and 97-113 Inverness Terrace, and redevelopment to provide two buildings comprising basement, ground and up to six upper floor levels, providing retail use (Class E) at ground floor, residential units (Class C3) and Office (Class E) floorspace at upper floors, with associated amenity space, basement level secure cycle parking, ancillary facilities, and plant, with servicing provision to Cervantes Court.

Additional representations were received from two local residents (undated).

The presenting officer had circulated prior to the meeting the following amendments to the recommendation and conditions highlighted in bold:

1)             Subject to the concurrence of the Mayor of London, grant conditional permission subject to a Section 106 agreement to secure the following:

a)              Provision of 11 intermediate units on site ( 5x London Living Rent) and 6xLower Quartile rents prior to the occupation of the market units .The affordable units to be provided at affordability levels to be agreed with the Head of Affordable Housing and Partnerships.

b)              Provision of an early stage and late stageviability review mechanism, in accordance with policy H5 of the London Plan and the Mayor's Affordable Housing and Viability SPG;

c)        A financial contribution of £5,546.00 (index linked) towards improvements to play space in the vicinity of the development, payable on the commencement of development.

d)        Payment of a carbon offset payment of £341,871 index linked) payable on the commencement of development;

e)        Been Seen energy monitoring;

f)        Submit an Employment and Skills Plan, and payment of a financial contribution of £293,977.00 (index linked) payable on the commencement of development towards the Westminster Employment Service prior to commencement of development;

g)        Provision of lifetime (25 year) car club membership for each residential flat;

h)       Costs of any highways works associated with the development (outside of the scope of the City Council's public realm and highways scheme for Queensway); and including Stopping Up;

i)         Improvements to the Lady Samuels Garden prior to occupation of the development, including the feasibility of the keeping the garden in some form during construction and if not feasible to ensure that safe removal of the existing statue and plaque, their reinstatement and improvements to the Garden and at the applicant's cost;

j)         Financial contribution of £20,000 for additional tree planting in the vicinity of the development ( index linked) and payable on commencement of development;

k)        Public art; and

l)         Provision of S106 agreement monitoring costs.

2)       If the Section 106 agreement has not been completed within three months of the Committee resolution, then:

a)       The Director of Town Planning and Building Control 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 Town Planning and Building Control is authorised to determine and issue such a decision under delegated powers ; however if not:

b)              The Director of Town Planning and Building Control shall consider whether permission should be refused on the grounds that it has not  ...  view the full minutes text for item 1.

Application 1:-

Change of use at 59 Gloucester Place and first to fourth floors of 57 Gloucester Place to accommodate residential use (Class C3), existing office (Class E) use retained at ground and basement floors of 57 Gloucester Place, with internal and external alterations including works to elevations, roof and vaults, provision of lift, provision of outdoor amenity spaces at rear, provision of waste storage and replacement plant at roof level and provision of plant basement vaults.

Application 2:-

External and internal alterations works to elevations, roof and vaults, provision of lift, provision of outdoor amenity spaces at rear, waste storage, basement vaults plant and replacement plant at roof level and provision of plant basement in connection with use of 59 Gloucester Place and first to fourth floors of 57 Gloucester Place for residential use (Class C3)

NB/ Linked by way of a land use swap to redevelopment of land at Garfield House, 86 - 110 Edgware Road and Bernard House 163-169 George Street, London, W2 ref. 22/05768/FULL.

The presenting officer had circulated prior to the meeting the following proposed changes to the draft decision notice:

1.        Replace reference 049B with 49C (basement plan)

2.        Decision letters to refer to 57& 59 Gloucester Place

3.        Listed Building description of development to include “and continued use of

ground and basement floors of 57 Gloucester Place for office use (Class E)” to be consistent with the Planning application description”.

To note:

Whilst the report indicates that a Statement of Community Involvement was not submitted. The applicant has subsequently advised in an email to officers “The Estate would, of course, have been willing to meet with local stakeholders to discuss the proposal. The Estate did in fact provide a letter to neighbouring residents, offering to discuss the proposal with us, but none of those consulted took the Estate up on that offer. Consequently, we did not provide a Statement of Community Involvement with the application, to ensure the documents remained proportionate to the scale and nature of that application and as agreed with Officers”

An Additional representation was received from The Portman Estate (09.11.22).

RESOLVED UNANIMOUSLY:

Application 1:-

1)        That conditional permission be granted, subject to a S106 legal agreement to secure the following planning obligation:-

i)                The residential use at this site as a land use swap from site at Garfield House, 86-110 Edgware Road and Bernard House 163-169 George Street, London W2 (as granted under 22/05768/FULL

ii)               Provision of lifetime (25 year) car club membership for each residential flat.

2)              That if the S106 legal agreement had not been completed within six weeks of the Committee resolution then:

a)        The Director of Town Planning & Building Control should consider whether the permission can be issued with additional condition to secure the benefits listed above. If this was possible and appropriate, the Executive Director for Growth, Planning and Housing was authorised to determine and issue such a decision under Delegated Powers, however, if not

a)              The Director of Place Shaping and Town Planning  ...  view the full minutes text for item 2.

Part demolition and reconfiguration of lower ground floor, demolition of ground and upper floors, for redevelopment comprising lower ground, ground plus 6 storeys plus rooftop room, rooftop plant and equipment and single storey triangle building, for retail, food and beverage, indoor recreation and community use (Sui Generis) at ground floor level, Office (Class E) use at ground and upper floors, community (Class F2) /Office (Class E) use at lower ground floor and associated ancillary space. [Linked to development at 57-59 Gloucester Place RN 22/05362/FULL and 22/05363/LBC]

The presenting officer had circulated prior to the meeting amendments to the report regarding the daylight and sunlight assessment.

The following amendments to the Sub-Committee report and draft decision notice, highlighted in bold, had also been circulated:

1.                  Committee Report clarifications:

•        Page 179, in the land use table existing medical use should be 122m2.

•        Page 202, paragraph 9.6- clarifications in bold below:-

Construction

•        390 job yearsover 2.7 year construction period

•        £687,000 constructor worker spending over the 2.7 construction period (local retail, food and refreshments and work/leisure activities)

Operational

•        655-730 jobs (uplift of 365-435)

•        £82-86m in Economic activity (GVA) per year (uplift of £53-57m)

•        £25-35min Tax revenues (Business rates, VAT, corporate and

income tax) (uplift of £16-23m)

•        Section 9.5 – Residential Amenity & Appendix 1 on daylight and sunlight– Amendments- see attached.

2.        Proposed tweaks to conditions on the draft decision notice.

• Condition 19B

B. You must only use the ground floor and part of the basement

annotated as "Hub" for uses including retail, restaurant, community and indoor recreation in accordance with the Operational Management Planto be approved under condition 31 .You must not use them for anyother purpose, including for any other use within Class E, Part A,Schedule 2 of the Town and Country Planning (Use Classes) Order1987 (as amended) (or any equivalent class in any order that mayreplace it).

• Condition 20C

C. The useable areas under A above shall only be used between i) upto level 4 -09.00-19.00 Monday to Friday; and ii) at levels 5,6 and the roof, between 09.00-22.00 Monday to Friday and no terraces shall be used onSaturdays and Sundays (including cleaning, tidying andmaintenance) unless used for emergency/escape access purposes.

• Condition 30

Prior to the installation of the lighting,you must apply to us with details of your proposed external lighting scheme, including hours of operation, showing how light spill is avoided and visual amenity is protected.

• Condition 31, part 1

1. Prior to the use of any of the Hub (including the triangle), you must apply to us for approval of an operational management plan for the Hub to show the following:-

The operational management plan shall include, but not be limited to, the following details/measures:-

A. Proposed floor plan annotated for specific quantum of each    use

B Hours of use

C. Details of shopfront display, to show no painting, obscuring or

blocking  ...  view the full minutes text for item 3.

Part retention of existing basement walls and demolition of ground and upper floors at 26-46 Lisson Grove and 18 Hayes Place, and redevelopment to provide a seven-storey building with a single storey basement comprising: office space and retail space commercial uses (Class E), alterations to public realm, servicing, ancillary plant, storage, cycle parking and other associated works.

The presenting officer circulated prior to the meeting the following amendments to the conditions highlighted in bold:

Amend condition 32

The areas shaded in grey and labelled as terraces on the plans hereby approved shall only be used between the hours of 07:00 - 20:00 21:00 Monday to Friday. The roofs of the building not marked as terraces shall not be accessible outside of these hours for sitting out or for any other purpose. You can however use the roofs for maintenance or to escape in an emergency at any time.

Amend condition 33

Prior to occupation, an Operational Management Plan shall be submitted to and approved by the City Council to indicate how the roof terraces will be managed, to include no amplified or other music shall be played on roof terraces. The terraces will then be managed in accordance with the plan for the lifetime of the development, or in accordance with any replacement Operational Management Plan, approved first in writing.

An additional representation was received from Viridis (09.11.22).

A late representation was received from a local resident (14.11.22).

The presenting officer tabled the following amendment to the draft decision letter:

Add informative 25:

In relation to condition 5 part (c), the post-construction tab of the GLA's Whole Life-Cycle Carbon Assessment template should be completed in line with the GLA's Whole Life-Cycle Carbon Assessment Guidance: LPG document template (green) (london.gov.uk). To support the results provided in the template, the following minimum evidence requirements should be submitted at the same time:

a) site energy (including fuel) use record,

b) contractor confirmation of as-built material quantities and specifications,

c) record of material delivery including distance travelled and transportation mode (including materials for temporary works),

d) waste transportation record including waste quantity, distance travelled and transportation mode (including materials for temporary works) broken down into material categories used in the assessment,

e) a list of product-specific EPDs for the products that have been installed.

The data collected at this stage will provide an evidence base that could help inform future industrywide benchmarks or performance ratings for building typologies. The postconstruction assessment should be submitted to the GLA at: ZeroCarbonPlanning@london.gov.uk, along with any supporting evidence as per the guidance. A copy and confirmation of submission to the GLA shall be submitted to, and approved in writing by, the local planning authority, prior to occupation of the development.

Councillor Rigby declared that he had a prejudicial interest in the application and therefore left the room during the consideration of this item.

James Hilton addressed the Sub-Committee in support of the application.

RESOLVED UNANIMOUSLY:

1)              That conditional permission, as amended, be granted subject to:

a)              Condition  ...  view the full minutes text for item 4.

Site 1:

Variation of Conditions 1, 17, 20, 31, 39, 47, 49, 53, 54, 55, 56 and 57 of planning permission dated 8 April 2022 (RN: 20/03987/FULL) (as amended) for, 'Part demolition, excavation (including beneath Davies Mews), erection of new buildings and alterations to existing buildings comprising: redevelopment of 60 Brook Street; redevelopment of 48, 50, 56 and 58 Brook Street and 16 Davies Mews behind retained Brook Street facades at; redevelopment behind retained and partially reconstructed facade at 52-54 Brook Street; refurbishment with alterations and addition of turret and gables at 40-46 Brook Street and 40 South Molton Lane; redevelopment behind retained Davies Mews and South Molton Lane elevations and front roof at 1-7 Davies Mews and 28-30 South Molton Lane; refurbishment and alterations at 50 Davies Street; refurbishment with alterations and partial demolition and redevelopment of upper floors at 52-54 Davies Street; redevelopment behind reconstructed and extended facade at 56 Davies Street (including the removal and reinstatement of certain building features), and Brookfield House (44-48 Davies Street and 62 and 64 Brook Street); part demolition of ground floor and refurbishment at 10 South Molton Street; refurbishment and alterations at 15-25, 27 and 42 South Molton Street; all to provide a development of up to 9 storeys including Class B1 (Business), Class A1 (Shops), Class A3 (Restaurant and Cafes), Class A4 (Drinking Establishment), composite use comprising public house and guest accommodation (sui generis), Class C3 (Dwellinghouses), Community Infrastructure and Facilities, and Class C1 (Hotel) uses, improvements to public realm and pedestrian routes, servicing, ancillary plant and storage, cycle parking and other associated works'; NAMELY, to allow amendments to the approved development. (Application under Section 73 of the Act).

Site 2:

Extension to roof, facade amendments, associated works and use of enlarged building to provide Community Infrastructure and Facilities of flexible education training facility (Class F1) or medical centre (Class E).

Site 3:

Use of part ground and first to fourth floors as three residential dwellings (Class C3). External alterations including the removal of existing plant and installation of additional plant within acoustic enclosures, creation of a terrace (for use in association with the proposed Flat 1) and green roof at rear first floor level and associated works. Erection of an extract duct routed internally terminating above main roof level. Internal alterations at all levels.

For Site 1 additional representations were received from Stephenson Harwood (10.08.22) and Grosvenor (09.11.22). The presenting officer had also circulated prior to the meeting the draft decision letter.

For Site 2 an additional representation had been received from Historic England (10.11.22). The presenting officer had also circulated prior to the meeting the draft decision letter.

For Site 3 additional representations had been received from the Highways Planning Officer (01.11.22) and the Waste Project Officer for Highways Planning (05.10.22). The presenting officer had also circulated prior to the meeting the draft decision letter.

The presenting officer tabled the following amended conditions for Site 1:

Amended Condition 17

The primary use of at least 50% of approved  ...  view the full minutes text for item 5.