Agenda item

Demolition of 134-140 Oxford Street and 77-84 Wells Street (Wells House) and the erection of a new building comprising basements, ground plus nine upper floors, with plant accommodation and part Sui Generis (nightclub) at basement level 02; cycle parking, plant accommodation and part Class A1 (retail) at basement level 01; part Class A1 (retail) accommodation and part Class B1 (office) at ground floor level, Class A1 (retail) and associated plant accommodation at first floor level, flexible Class A1 (retail) or Class B1 (office) at second floor and Class B1 (office) accommodation at third to seventh floors; plant accommodation and Class B1 (office) accommodation at eighth floor; Class B1 (office) accommodation at ninth floor; the creation of terraces on levels 6 to 8 and a rooftop terrace area at level 9 (all for use in association with office accommodation); photovoltaic panels on level 9 and the roof; and other associated works including short stay cycle parking spaces in Adam & Eve Court.

An additional representation was received from Councillor Jonathan Glanz (6.9.18).

Late representations were received from M&G Real Estate Ltd including a summary of proposals (7.9.18) and Councillor Timothy Barnes (11.9.18).

The presenting officer referred to the following error on land use Table 1 at p. 64 of the papers:

Table 1: Option A (i.e. if the second floor is used for office (Class B1) purposes.

The presenting officer also tabled the following amendments to the draft decision letter:

Condition 22

You must provide the following sustainability features as shown on the approved drawings and as set out within the approved Wells House Energy Strategy (dated 25 July 2018) before occupation of any part of the development:

-           Rainfall attenuation tank (with a capacity of at least 60 cubic metres).

-           Photovoltaic panels (with an area of at least 172 sq.m).

-           Low-e double and solar control glazing, as specified within Table 2 of the Wells    House Energy Strategy (dated 25 July 2018).

-           A Ground Source Heat Pump system, as specified within Table 3 of the Wells House       Energy Strategy (dated 25 July 2018).

-           Allowance for connections to any future heat network in the vicinity of the site.

You must not remove any of these features

[No change to reason for condition]

Condition 25

Pre Commencement Condition.

a)         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 this review must showing that the development is expected to you have achieved an `excellent' rating in respect to the office element of the development and a 'very good' rating in respect to the retail and nightclub element of the development under BREEAM UK New Construction 2014. If you use another method, you must achieve an equally high standard.

b)               You must apply to us for approval of details of a post construction stage report which demonstrates that the office part of the development meets an “Excellent” rating and the retail and nightclub meets a “Very Good” rating” under BREEAM UK New Construction 2014. This report shall be submitted to us within 6 months of the occupation of any part of the building. If you use another method, you must achieve an equally high standard.

[No change to reason for condition]

New Condition 26

Pre Commencement Condition.

Updated Energy Calculations (and relevant design drawings) shall be provided prior to the commencement of development to demonstrate that the development will achieve at least a 20.9% reduction in regulated carbon dioxide emissions beyond Part L the 2013 Building Regulations. You must provide all the environmental sustainability features referred to in the review before you start to use any part of the building. You must then not remove any of these features.

Reason:

To make sure that the development affects the environment as little as possible and minimises carbon dioxide emissions, as set out in S28 or S40, or both, of Westminster's City Plan (November 2016) and Policy 5.2 of the London Plan (2016).

UNANIMOUSLY RESOLVED:

1.       Subject to the views of the Mayor of London, conditional permission be granted subject to the changes to the draft decision letter as tabled and set out above and the completion of a legal agreement to secure the following:

          a)       A contribution to the City Council's Affordable Housing Fund of £851,000 (index linked), payable in the event that the second floor is occupied as offices (Class B1).

          b)       A Carbon Offset Contribution of £140,790 (index linked), payable prior to commencement of development.

          c)        A Crossrail contribution of £478,140 (index linked) payable within 60 days of commencement of development and an additional Crossrail contribution of £75,750 (index linked) payable in the event that the second floor is occupied as offices (Class B1) (both minus any relevant Mayoral Community Infrastructure Levy paid).

          d)       Undertaking of highways works in the vicinity of the site, including short-stay cycle parking in Adam and Eve Court, resurfacing the footway in Wells Street, removing the existing crossovers and providing a new crossover and any associated works to accommodate the development.

          e)       An employment and training strategy.

          f)        Secure the re-provision of the nightclub (Sui Generis) on site to shell and core (ready for tenant fit out) prior to the occupation of any of the office floorspace on site.

          g)       Costs of monitoring the S106 agreement.

2.       If the S106 legal agreement has not been completed within eight weeks of the date of this resolution then:

          a)       The Director of Planning shall consider whether it will be possible or 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 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 Delegate Powers.