Venue: 18th Floor, 64 Victoria Street, London, SW1E 6QP
Contact: Georgina Wills: Committee and Governance Officer Tel: 07870 548348; Email: firstname.lastname@example.org
To note any changes to the membership.
1.1 There were no changes to the membership.
Declarations of Interest
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 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 Bush declared that in respect of Items 1 and 2 she had received briefings on the applications but had not entered into discussions or expressed any views on them with any parties. In respect of Item 4 she had sat on the Sub-Committee which had previously considered the original application on the same site, but she had not entered into discussions with any parties regarding the new application.
2.3 Councillor Fisher declared that in respect of Item 3 the site was located within his ward, but he confirmed that he had not entered into any discussions regarding the application with any parties.
2.4 Councillor Rigby declared that in respect of Item 2 he had sat on the Sub-Committee which had previously considered the original application on the same site, but he had not entered into any discussions with any parties regarding the new application.
2.5 Councillor Shearer declared that in respect of Item 1 he had undertaken a social enterprise with the applicant over five years ago but there had been no subsequent contact and therefore it was not considered a prejudicial interest. In respect of Item 4 the site was located within his ward, but he confirmed that he had not entered into any discussions regarding the application with any parties.
The minutes to follow.
That the minutes of the meetings held on 21 March 2023 and 28 March 2023 be signed by the Chair as a correct record of proceedings.
Applications for decision
4.1 The Sub-Committee heard the applications in the following order: 1,2,4 and 3.
Use of the existing vacant 'Crossrail box', located below Kingdom Street level, as a delivery, logistics and distribution hub (Class B8). Erection of a single storey pedestrian access structure at ground floor / Kingdom Street level. Installation of facades to largely enclose the box. Other associated alterations.
The draft decision letter had been circulated to the Sub-Committee. Additional representations had also been received from Councillor Max Sullivan (25.04.23), Ramboll (27.04.23), Paddington Residents’ Active Concern on Transport (27.04.23), Sheldon Square Residents’ Association (21.04.23), Clean Air Bayswater (21.04.23).
Late representations were received from CBRE (02.05.23), the applicant (undated), SEBRA (01.05.23) and Clean Air Bayswater (02.05.23).
The planning officer tabled the following amendments to the recommendation and draft decision notice:
Amend condition 20from:
A minimum of 29 long term cycle parking spaces and 2 short stay spaces shall be implemented prior to first occupation and thereafter maintained for cycle parking for the life of the development. All occupiers must have access to long term secure cycle parking within the development site.
You must apply to us for approval of details of 58 long term secure cycle storage spaces for the B8 use and 2 short stay spaces. You must not start any work on this part of the development until we have approved in writing what you have sent us. You must then provide the cycle storage in line with the approved details prior to occupation and make it available at all times to everyone using the facility. You must not use cycle storage for any other purpose.
Additional condition – No. 26
Within 3 months of occupation, you must apply to local planning authority for approval of an employee cycle parking study demonstrating the demand for cycle parking. If additional spaces are required, detail should be provided indicating where they will be provided. These spaces shall be provided within 3 months of approval of these details, and the cycle storage shall be available at all times to everyone using the facility and for no other purpose.
To provide cycle parking spaces for people using the development in accordance with Policy 25 of the City Plan 2019 – 2040 (April 2021). (R22FB)
Additional condition – No. 27
You must apply to us for approval of photographs of samples/panels of the facing materials you will use, including glazing, and elevations and roof plans annotated to show where the materials are to be located. You must not start work on the relevant part of the development until we have approved in writing what you have sent us. You must then carry out the work using the approved materials. (C26BD)
To make sure the appearance of the building is suitable and that it contributes to the character and appearance of the area. This is as set out in Policies 38 and 40 of the City Plan 2019 – 2040 (April 2021). (R26AE)
Michael Meadows, representing British Land, addressed the Sub-Committee in support of the application.
Bruce Blair, representing ... view the full minutes text for item 1.
Use of Aybrook Street, part of Moxon Street and St Vincent Street as a weekly Farmers Market for a temporary period until 14 September 2027.
Additional representations were received from three local residents (undated and 22.04.23) and the Marylebone Forum (undated).
A late representation was received from a local resident (27.04.23).
Mark Handley, representing the London Farmers Market, addressed the Sub-Committee in support of the application.
Nigel Salter, a local resident, addressed the Sub-Committee in objection to the application.
Frank Dejonckheere, a local resident, addressed the Sub-Committee in objection to the application.
Yael Saunders, representing the Marylebone Forum, addressed the Sub-Committee in support of the application.
Councillor Karen Scarborough, in her capacity as Ward Councillor, addressed the Sub-Committee in support of the application.
RESOLVED (Grant – Councillors Nafsika Butler-Thalassis, Paul Fisher, Robert Rigby and Mark Shearer; Refuse: Councillor Ruth Bush):
(Councillor Paul Fisher requested that it be minuted that whilst he approved of the application in principle, he dissented to the hours applied for, requesting a later set up time of 9am instead of 8am to mitigate the impact on neighbours in Faraday House.)
That conditional planning permission be granted for a temporary period until 14 September 2027, subject to:
a) Condition 5 being amended to strengthen the wording regarding clearing waste and the cleaning up spillages associated with the market at the end of each trading day.
b) An amendment to condition 7 requiring a market manager to be on site every Sunday the market was open.
c) An amendment to condition 10 to provide clearer wording with regard to the marshalling during the market in respect of vehicles using Aybrook Street to access/egress the car park. The wording to be agreed in consultation with the Chair.
Partial demolition, refurbishment and extension of the existing building comprising removal of the Berners Street facade and stepped rear extensions at third to seventh floor levels; creation of external terraces; removal of existing mews storage unit and infilling to mews building; recladding of facades; installation of new plant equipment; new cycle parking and facilities; and associated works. Use of the building for office use (Class E) (excluding ground floor front) and/or provision of retail (Class E), restaurant (Class E), cafe (Class E) / gallery (Class F1) and/or wine bar / drinking establishment use (Sui Generis) at ground floor, and use of part lower ground (front) as flexible retail (Class E), restaurant (Class E), gallery (Class F1), wine bar / drinking establishment (Sui Generis), medical (Class E), office (Class E) or gymnasium (Class E).
Additional representations were received from Gerald Eve (26.04.23) and Kajima (undated).
The planning officer tabled the following amendments to the resolution and conditions:
1) Grant conditional permission subject to a legal agreement to secure the following:
a) A financial contribution of £90,481 (index linked) towards the Carbon 0ff-Set Fund (payable prior to commencement of development).
Revised Condition 16
You must apply to us for approval of an independent review of the
environmental sustainability features (environmentally friendly
features) of the development before you start any work on the
development. In the case of an assessment using Building Research
Establishment methods (BREEAM), you must provide a Design Stage
Interim BREEAM rating and certificate of assessment showing that
the development is expected to achieve an
You must apply to us for approval of details of a post construction
stage report which demonstrates that the development meets an
Revised Condition 26
i) In the event that the ground floor and lower ground floor unit(s) shown in blue and red on drawings (00)P100 P01 and (00)P099 P02 are used as restaurant, cafe, and/or as a wine bar / drinking establishment, no customers shall be allowed on the premises other than between 07:00 and 00:00 Mondays to Thursdays, 07.00 and 00:30 Fridays and Saturdays and 09:00 and 22:30 Sunday and bank holidays.
ii) In the event that the ground floor and lower ground floor unit(s) shown in blue and red on drawings (00)P100 P01 and (00)P099 P02 are used for retail or gallery purposes, no customers shall be allowed on the premises other than between 07:00 to 23:00 daily.
iii) In the event that the lower ground floor units shown in red on drawings (00)P099 P02 are used for medical purposes, no patients are permitted on the premises before 07:00 or after 22:00 daily.
iv) In ... view the full minutes text for item 3.
Variation of conditions 1 and 25 of planning permission dated 14th July 2022 (RN:22/01513/FULL) which itself varied conditions 1, 2, 40, 41, 43 and 44 of planning permission dated 15th March 2019 (RN:18/01395/FULL) for 'Demolition of existing buildings and redevelopment to provide two office buildings ranging from one to eight storeys (plus basement) with retail unit at part ground and basement level for Class A1 (shop) or Class A3 (restaurant) and other associated works, namely plant screen rearranged and doors to plant screen relocated, introduction of roof terrace at the eighth floor, maintenance path around eighth floor added, roof light added to stair core in lieu of losing glass elevation to north.
Additional representations were received from the applicant (undated) and Historic England (26.04.23).
Noise assessment reports from RBA Acoustics dated 21 November and 9 September 2022 were provided as a late representation.
Barnaby Collins, representing DP9, addressed the Sub-Committee in support of the application.
Graeme Cottam, representing The Queen Anne’s Gate Residents Association, addressed the Sub-Committee in objection to the application.
Councillor Tim Mitchell, in his capacity as Ward Councillor, addressed the Sub-Committee in objection to the application.
RESOLVED (Grant – Councillors Ruth Bush, Nafsika Butler-Thalassis, Paul Fisher, Robert Rigby; Refuse - Councillor Mark Shearer):
1) That conditional permission be granted, subject to:
a) Amendments to the conditions to ensure there would be no access to the area behind the planting (except for maintenance access purposes). Gates would need to be installed to ensure office occupiers on the roof were kept away from the edge in order to safeguard the amenities of neighbouring residents and for details of the gates to be submitted for the Council’s approval.
b) A deed of variation to the original Section 106 legal agreement dated 15 March 2019 to secure the originally secured planning obligations in relation to this new permission.
2) If the deed of variation had not been completed within six weeks of the date of this resolution then:
a) The Director of Town Planning and Building Control should consider whether it would be possible or appropriate to issue the permission with additional conditions attached to secure the benefits listed above. If so, the Director of Place Shaping and Planning was authorised to determine and issue the decision under Delegated Powers; however, if not;
b) The Director of Town Planning and Building Control should consider whether the permission should be refused on the grounds that it had not proved possible to complete an agreement 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 Place Shaping and Planning was authorised to determine the application and agree appropriate reasons for refusal under Delegated Powers.