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Agenda item

Westcourt House, 191 Old Marylebone Road, London, NW1 5DZ

Minutes:

Redevelopment of the site to provide hotel (Use Class C1) with ancillary ground floor cafe / restaurant in 13 storey building.

 

An additional representation was received from TfL (16.4.2018)

 

A late representation was received from TfL (25.6 .2018)

 

The presenting officer tabled the following changes to the recommendation (in bold) and amended plan numbers:

 

 

1.    Subject to referral to the Mayor of London, grant conditional permission, subject to a section 106 agreement to secure:

 

a.    A financial contribution of £45,000 (index linked and payable on commencement of development) for the expansion of a nearby cycle hire docking station;

b.    A financial contribution of £25,000 (index linked and payable on commencement of development) toward wayfinding (Legible London);

c.     A financial contribution of £27,239 (index linked and payable on commencement of development) toward the funding of Crossrail;

d.    A financial contribution of £35,000 (index linked and payable on commencement of development) toward bi-annual pruning of the three Ginkgo trees on Old Marylebone Road by TFL and for a period of 50 years from the date of this permission;

e.    In the event that the three Ginkgo trees need to be removed within 50 years from the date of this permission, a financial contribution of £135,000 (index linked) toward street tree planting on Old Marylebone Road;

f.     Delivery of Payment of the cost of the highway works associated with the development on Harcourt Street and Old Marylebone Road at the applicants cost;

g.    Agreement of the detailed design of the lay by on Old Marylebone Road, to accommodate both taxi drop offs and collections and servicing vehicles, and completion of a S278 agreement with TfL to deliver the lay by prior to commencement of development;

h.    Offering local employment opportunities during construction and operation of the hotel;

i.      The provision, monitoring and review of a travel plan; and 

j.      Payment of cost of monitoring the agreement (£500 per head of term).

 

2.    If the S106 legal agreement has not been completed within 6 weeks, 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 are 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.

 

3.    That Committee authorises the making of a draft order pursuant to s247 of the Town and Country Planning Act 1990, in consultation with Transport for London (where they are the local highway authority along Old Marylebone Road), for the stopping up of parts of the public highway and dedication of new public highway to enable this development to take place. That the Director of Planning, Executive Director of City Management Executive Director Growth, Planning and Housing, or other such proper officer of the City Council responsible for planning highway functions, be authorised to take all necessary procedural steps in conjunction with the making of the order and to make the orders as proposed.  The applicant will be required to cover all costs of the Council in progressing the stopping up order.

 

4.    That Committee authorised the making of a draft order pursuant to s38 of the Highways Act 1980, in consultation with Transport for London (where they are the local highway authority along Old Marylebone Road), for the dedication of parts of the public highway to enable this development to take place. That the Executive Director City Management and Communities, or other such proper officer of the City Council responsible for highway functions, be authorised to take all necessary procedural steps in conjunction with the making of the order and to make the order as proposed.  The applicant will be required to cover all costs of the Council in progressing the dedication order.

 

 

Amended Plan Numbers

 

The plan numbers listed in the draft decision letter have been replaced with those listed below to correct a number of errors in the drawing numbers listed.

 

5616-00-001 Rev.B, 5616-00-002 Rev.B, 5616-00-199, 5616-00-200, 5616-00-201, 5616-00-202, 5616-00-203, 5616-00-204, 5616-00-205, 5616-00-206, 5616-00-207, 5616-00-208, 5616-00-209, 5616-00-260, 5616-00-261, 5616-00-262, 5616-00-300, 5616-00-301, 5616-00-302, 5616-00-303, 5616-01-199, 5616-01-200, 5616-01-201, 5616-01-202, 5616-01-203, 5616-01-204, 5616-01-205, 5616-01-206, 5616-01-207, 5616-01-208, 5616-01-209, 5616-01-300, 5616-01-301, 5616-01-302, 5616-01-303, 5616-20-199 Rev.B, 5616-20-200 Rev.B, 5616-20-201 Rev.B, 5616-20-202 Rev.B, 5616-20-203 Rev.B, 5616-20-208 Rev.B, 5616-20-209, 5616-20-250, 5616-20-251, 5616-20-260, 5616-20-261, 5616-20-262, 5616-20-263, 5616-20-264, 5616-20-270, 5616-20-271, 5616-20-272, 5616-21-001, 5616-21-002, 5616-21-003, 2016/2931/019; Energy Report by Applied Energy (Rev A – dated 4 May 2017).

 

 

RESOLVED UNANIMOUSLY:

 

 

1.    Subject to referral to the Mayor of London, conditional permission be granted, subject to:

 

A)    a section 106 agreement to secure:

 

a.    A financial contribution of £45,000 (index linked and payable on commencement of development) for the expansion of a nearby cycle hire docking station;

b.    A financial contribution of £25,000 (index linked and payable on commencement of development) toward wayfinding (Legible London);

c.    A financial contribution of £27,239 (index linked and payable on commencement of development) toward the funding of Crossrail;

d.    A financial contribution of £35,000 (index linked and payable on commencement of development) toward bi-annual pruning of the three Ginkgo trees on Old Marylebone Road by TFL and for a period of 50 years from the date of this permission;

e.    In the event that the three Ginkgo trees need to be removed within 50 years from the date of this permission, a financial contribution of £135,000 (index linked) toward street tree planting on Old Marylebone Road;

f.     Delivery of the highway works associated with the development on Harcourt Street and Old Marylebone Road at the applicants cost;

g.    Agreement of the detailed design of the lay by on Old Marylebone Road, to accommodate both taxi drop offs and collections and servicing vehicles, and completion of a S278 agreement with TfL to deliver the lay by prior to commencement of development;

h.    Offering local employment opportunities during construction and operation of the hotel;

i.      The provision, monitoring and review of a travel plan; and 

j.      Payment of cost of monitoring the agreement (£500 per head of term).

 

B)  The changes to plan numbers as tabled and set out below.

 

2.    If the S106 legal agreement has not been completed within 6 weeks, 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 are 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.

 

3.    That Committee authorises the making of a draft order pursuant to s247 of the Town and Country Planning Act 1990, in consultation with Transport for London (where they are the local highway authority along Old Marylebone Road), for the stopping up of parts of the public highway to enable this development to take place. That the Executive Director Growth, Planning and Housing, or other such proper officer of the City Council responsible for planning functions, be authorised to take all necessary procedural steps in conjunction with the making of the order and to make the orders as proposed.  The applicant will be required to cover all costs of the Council in progressing the stopping up order.

 

4.    That Committee authorised the making of a draft order pursuant to s38 of the Highways Act 1980, in consultation with Transport for London (where they are the local highway authority along Old Marylebone Road), for the dedication of parts of the public highway to enable this development to take place. That the Executive Director City Management and Communities, or other such proper officer of the City Council responsible for highway functions, be authorised to take all necessary procedural steps in conjunction with the making of the order and to make the order as proposed.  The applicant will be required to cover all costs of the Council in progressing the dedication order.

 

Supporting documents: