Agenda item

Redevelopment comprising the erection of a 42 storey building (Building 1) and a 21 storey building (Building 6) above three basement levels. Use of buildings as 426 residential units (Class C3) (including 67 affordable housing units in Building 6), retail floorspace (Classes A1/ A2/ A3/ A4/ A5) and retail/leisure floorspace (Classes A1/ A2/ A3/ A4/ A5/ D2); provision of car parking, cycle parking, ancillary space, plant, servicing, highway works, hard and soft landscaping and other associated development.

 

Additional representations were received from DP9 Ltd (18.04.19) and Thames Water (11.04.19)

 

A late representation was received from Merchant Square Residential (Buildings A&F) Limited (Undated)

 

The Presenting Officer tabled the following amendments to the Recommendations and Conditions in the draft decision letter

 

Item 1, Land At Harbet Road, W2 (Merchant Square)

 

Amended Recommendation

Further to the additional representation made by DP9 on behalf of the applicant, the following amendments have been made to the draft recommendation (additional text in red and underlined and deleted text struck through):

 

1.    Grant conditional permission, subject to:

 

a)    the completion of a S106 legal agreement and a deed of variation to the Overarching Agreement dated 4 August 2011 (as previously varied on 27 March 2012) on to secure the following planning obligations:

 

New Buildings 1 and 6 S106 Agreement

                  i.       Notice of commencement of development.

                 ii.       Provision of on-site affordable housing to the quantum, mix, tenure and affordability set out in Section 8.1 with early and late stage review mechanisms in accordance with the Mayor’s ‘Affordable Housing and Viability’ SPG (prior to occupation of more than 50% of the market residential units in Building 6 and prior to occupation of more than 111 units in Building 1).

                iii.       Provision and management of CCTV.

                iv.       Provision and adherence with an advertisement and shopfront strategy for retail uses and ‘sky bar’.

                 v.       Provision of public realm areas prior to occupation.

                vi.       Provision of maintenance, use of and access to the on-site public realm.

               vii.       Provision of cycle parking within shared basement.

             viii.       Provision of lifetime (25 year) car club membership for all market and affordable units.

                ix.       Provision of land for installation of Mayor’s Cycle Hire docking station.

                 x.       Provision and periodic review of a workplace and residential travel plans.

                xi.       Provision and maintenance of public access to the Sky Bar in Building 1.

               xii.       Financial contribution of £522,749 (index linked) to the Carbon Off-set Fund (payable on commencement).

Provision of lifetime car club membership for each affordable housing unit within the development.

             xiii.       Provision of skills and employment opportunities for local residents including a financial contribution of £238,644 to the Westminster Employment Service and provision of an Employment and Skills Plan.

             xiv.       Costs of monitoring the agreement (£500 per head of term).

 

Deed of Variation to Overarching Agreement

                  i.       Highway works to the public highway to the perimeter of the site to improve footways and carriageways including temporary road finishes repairing and resurfacing works.

                 ii.       Improvement works to Harbet Road (these were delivered prior to occupation of Building 3).

                iii.       A financial contribution of £360,000 (index linked from August 2011 to the date of determination of the current application) towards Harrow Road subway works (prior to occupation of the earlier of Building 1 or Building 2).

                iv.       Provision of Kayak Store and bridge across the canal basin (these have been delivered in conjunction with Building 3).

                 v.       Provision of towpath works (these have been delivered in conjunction with Building 3).

Building 3 Affordable Housing Underprovision Sum (£2.59m index linked) (payable where more than 80 market units are provided in Building 3 without provision of the affordable housing in Building 6 and returnable to the developer where the affordable housing units in Building 6 are completed within 6 years of the date of the payment of the sum).

                vi.       Off-site provision of a waterways facilities building incorporating the listed canopy.

               vii.       Delivery of public realm areas in accordance with landscape masterplan prior to occupation.

             viii.       Provision of, and connection to, the Energy Centre within 3 Merchant Square and provision of updated specification CHP equipment (relative the previously approved schemes).

                ix.       Provision and management of on-site car club spaces.

                 x.       Provision and management of on-site residential car parking provision within shared basement.

                xi.       Provision of electric car charging facilities.

               xii.       Provision and adherence with a servicing management strategy.

             xiii.       Provision of a green waste composting scheme.

             xiv.       Completion of vehicle access ramp below Building 2 before first occupation of Buildings 1, 2 or 6.

              xv.       Mitigation measures for television signal interference.

             xvi.       Compliance with the Code of Construction Practice (amended to Buildings 2 and 3 only).

            xvii.       Compliance with the Local Procurement Code (amended to Buildings 2 and 3 only.

 

b)    the concurrence of the Mayor of London.

 

2.    If the legal agreement and deed of variation to secure the planning obligations has not been completed by 1 August 2019 then:

 

a)         The Executive Director Growth, Planning and Housing 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 such a decision under Delegated Powers; however, if not;

 

b)         The Executive Director Growth, Planning and Housing shall consider whether 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 Place Making and Planning is authorised to determine the application and agree appropriate reasons for refusal under Delegated Powers.

 

3.    That Sub-Committee authorises the making of a draft order pursuant to s247 of the Town and Country Planning Act 1990 for the stopping up of parts of the public highway in North Wharf Road to enable this development (Building 6) to take place.

 

4.    That the Director Place Shaping and Town Planning 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.

 

Additional Development Phasing Condition

To phase the delivery of the development an additional condition is recommended as set out below. The development would be split into three phases with the basement as Phase 1, Building 1 as Phase 2 and Building 6 as Phase 3.

 

Additional Condition

The Development hereby approved shall be carried out in Phases in accordance with the approved Phasing Plan (ref. M_A_PL_050), unless an alternative Phasing Plan is submitted to and approved in writing by the Local Planning Authority pursuant to this condition.

 

Amended CIL Liability

In light of the adoption of the new Mayoral CIL (‘MCIL 2’) the revised CIL liability of the development is estimated to be £26.5m for Westminster’s CIL and £4.8m for the Mayoral CIL (note this is prior to any relief that may be applied for).

 

Revised Cycle Parking Condition

It is recommended that the condition is amended to secure the cycle parking proposed, which accords with the adopted London Plan:

 

Revised Condition 16

You must provide each cycle parking space shown on the approved drawings prior to occupation. Thereafter the cycle spaces must be retained and the space used for no other purpose without the prior written consent of the local planning authority.

 

Amended Reason 16

To provide cycle parking spaces for people using the development as set out in Policy 6.9 (Table 6.3) of the London Plan 2016.

 

Amended Mechanical Ventilation Conditions

Following the additional representation from DP9 the following amended condition and additional conditions are recommended.

 

Amended Condition 22

Prior occupation of Buildings 1 and 6 you must apply to us for approval of a Mechanical Ventilation and Overheating Strategy to ensure future users are not exposed to predicted concentrations of NOx/ NO2 above the Air Quality Strategy Objective and to demonstrate that the flats within the development will not be subject to overheating that breaches the CIBSE criteria. The Mechanical Ventilation and Overheating Strategy shall provide details of the residential units that will include NOx/ NO2 filtration and a maintenance strategy for the filtration system where such a system is required. You must then carry out the development in accordance with the Mechanical Ventilation and Overheating Strategy that we approve and you must install any mitigation measures that may be required prior to occupation of the buildings.

 

Additional Condition

Prior to occupation of Buildings 1 and 6 you must apply to us for approval of a supplementary air quality assessment which details the impacts of emissions of the final energy plant to be installed in Building 3. The air quality assessment should use a detailed dispersion model to quantify predicted concentrations at each floor height in Buildings 1 and 6. Where significant impacts from the energy plant within Building 3 Energy Centre are identified, details of mitigation measures must be submitted. You must then carry out the development in accordance with the supplementary air quality assessment and mitigation measures we approve and you must install any mitigation measures that may be required prior to occupation of the buildings.

 

 

Amended Photovoltaic Panels Condition

The condition has been amended to ensure the provision of the PV panels indicated in the originally submitted Energy Statement as provision of addition panels is unlikely to be feasible.

 

Amended Condition 35

You must apply to us for approval of detailed drawings showing the following alteration(s) to the scheme:

 

- Revision of the roof plan for Building 6 to show the photovoltaic panels indicated in Appendix H of the Energy Strategy dated June 2018.

 

You must not start on these parts of the work until we have approved what you have sent us. You must then carry out the work according to the approved drawings and install the photovoltaic panels prior to occupation of the flats in Building 6. Thereafter the photovoltaic panels must be retained on the building. 

 

 

Revised Thames Water Conditions

Following the additional representation from Thames Water withdrawing their earlier objections to the impact of the development on the foul water sewerage network Condition 30 in the draft decision letter is to be deleted.

 

Conditions 31, 32 and 33 on the draft decision letter remain relevant and have not been deleted.

 

 

Duplicate Contaminated Land Condition

Condition 38 is a duplicate of Condition 29 and is therefore to be deleted from the draft decision letter.

 

Andrew Scrivener addressed the Sub-Committee in support of the Application.

 

Kay Buxton addressed the Sub-Committee in support of the Application.

 

RESOLVED UNANIMOUSLY:

 

1. That conditional permission and recommendations, as amended, be granted subject to:

 

a) the completion of a S106 legal agreement and a deed of variation to the Overarching Agreement dated 4 August 2011 (as previously varied on 27 March 2012) on to secure the following planning obligations:

 

New Buildings 1 and 6 S106 Agreement

i           Notice of commencement of development.

ii           Provision of on-site affordable housing to the quantum, mix, tenure and affordability set out in Section 8.1 with early and late stage review mechanisms in accordance with the Mayor’s ‘Affordable Housing and Viability’ SPG (prior to occupation of more than 50% of the market residential units in Building 6 and prior to occupation of more than 111 units in Building 1).

iii          Provision and management of CCTV.

iv         Provision and adherence with an advertisement and shopfront strategy for retail uses and ‘sky bar’.

v          Provision of public realm areas prior to occupation.

vi         Provision of maintenance, use of and access to the on-site public realm.

vii         Provision of cycle parking within shared basement.

viii        Provision of lifetime car club membership for all market and affordable units

ix         Provision of land for installation of Mayor’s Cycle Hire docking station.

x          Provision and periodic review of a workplace and residential travel plans.

xi         Provision and maintenance of public access to the Sky Bar in Building 1.

xii         Financial contribution of £522,749 (index linked) to the Carbon Off-set Fund (payable on commencement).

xiii        Provision of skills and employment opportunities for local residents including a financial contribution of £238,644 to Westminster Employment Service and provision of an Employment and Skills Plan.    

xiv        Costs of monitoring the agreement (£500 per head of term).

 

Deed of Variation to Overarching Agreement

i.          Highway works to the public highway to the perimeter of the site to improve footways and carriageways including temporary road finishes repairing and resurfacing works.

ii.          ii. Improvement works to Harbet Road (these were delivered prior to occupation of Building 3).

iii.         A financial contribution of £360,000 (index linked from August 2011 to the date of determination of the current application) towards Harrow Road subway works (prior to occupation of the earlier of Building 1 or Building 2).

iv.        Provision of Kayak Store and bridge across the canal basin (these have          delivered in conjunction with Building 3).

v.         Provision of towpath works (these have been delivered in conjunction with Building 3).

vi.        Off site provision of a waterways facilities incorporating the listed canopy

vii.        Delivery of public realm areas in accordance with landscape masterplan prior to occupation.

viii.       Connection of development to Energy Centre within 3 Merchant Square and provision of an updated specification CHP equipment (relative approved scheme).

ix.         and management of on-site car club spaces.

x.         Provision and management of on-site residential car parking provision within shared basement.

xi.        Provision of electric car charging facilities.

xii.        Provision and adherence with a servicing management strategy.

xiii.       Provision of a green waste composting scheme.

xiv.       Completion of vehicle access ramp below Building 2 before first occupation of Buildings 1, 2 or 6.

xv.       Mitigation measures for television signal interference.

xvi.       Compliance with the Code of Construction Practice (amended to Buildings 2 and 3 only).

xvii.      Compliance with the Local Procurement Code in respect of Buildings 2 and 3 only.

 

b) the concurrence of the Mayor of London.

 

2. If the legal agreement and deed of variation to secure the planning obligations has not been completed by 1 August 2019 then:

 

a) The Executive Director Growth, Planning and Housing 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 Executive Director Growth, Planning and Housing is authorised to determine and issue such a decision under Delegated Powers; however, if not;

 

b) The Executive Director Growth, Planning and Housing shall consider whether 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 Executive Director Growth, Planning and Housing is authorised to determine the application and agree appropriate reasons for refusal under Delegated Powers.

 

3. That Sub-Committee authorises the making of a draft order pursuant to s247 of the Town and Country Planning Act 1990 for the stopping up of parts of the public highway in North Wharf Road to enable this development (Building 6) to take place.

 

4. That the Director Place Shaping and Town Planning 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.