Agenda item

Redevelopment of the site to provide a 5-storey building comprising retail (Classes A1/A2) at ground floor and 19 residential units (Class C3) on the upper floors; provision of cycle parking, refuse storage, ancillary space, mechanical plant and other associated works incidental to the development.

Additional representations were received from Councillor Guthrie McKie (5.6.2019).

Late representations were received from Maida Hill Neighbourhood Forum (10.6.2019), Councillor Guthrie McKie (undated), the occupier of Flat 30, 79 Fermoy Road (8.6.2019), Flat 11, 79 Fermoy Road (9.6.2019), Flat 15, 79 Fermoy Road (10.6.2019), Flat 23 Fermoy Road (10.6.2019) and a proposal summary from the applicants (undated)

The presenting officer tabled the following amendment to condition 8 and an additional condition requiring the submission of an air quality assessment for the building’s emissions:

Condition 8 on page 53 should refer to an advertisement strategy, rather than signage, as the applicant is permitted to install some signage without advertisement consent under the advertisement regulations.  This condition should therefore be amended as follows:

8.         “You must apply to us for approval of an advertisement strategy for the shopfronts on the Harrow and Fermoy Road elevations. You must design and install advertisements on the shopfronts in accordance with the approved strategy.

            REASON:

            To make sure that 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 S28 of Westminster's City Plan (November 2016) and DES 8 of our Unitary Development Plan that we adopted in January 2007.”

At the request of the Environmental Health Officer, a condition requiring the submission of an Air Quality Assessment for the buildings emissions is also recommended.  This condition is set out below:

25.       “An air quality neutral assessment for building emissions must be provided to the local planning authority for approval, prior to occupation of the development. Any mitigation measures required by the assessment to ensure the building emissions are air quality neutral must be set out within the report for approval and must be installed prior to the occupation of the development and permanently retained thereafter.

            REASON:

To ensure that air quality is protected, as required by policy 7.14 of the London Plan (March 2016), policy S31 of Westminster's City Plan (November 2016) and policy ENV 5 of the Unitary Development Plan (January 2007)”.

John Biggs addressed the Committee in support of the application.

Councillor Guthrie McKie addressed the Committee in his capacity as a local Ward Councillor in objection to the application.

RESOLVED UNANIMOUSLY:

1.        That conditional permission be granted subject to:

(i)              a S106 legal agreement to secure the following:

           a)       The stopping up of existing highway and dedication of new highway land to the frontage of the site in Harrow Road and Fermoy Road;

           b)        A carbon offset payment of £9,480.00 (index linked and payable on commencement of development); and

           c)        The costs of monitoring the S106 agreement.

(ii)            The changes to conditions in the draft decision letter as tabled and set out above.

2.        If the S106 legal agreement has not been completed within six weeks of the date of the Committee resolution, then:

           a)       The Director of Place Shaping and Town 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 Place Shaping and Town Planning is authorised to determine and issue the decision under Delegated Powers; however, if not;

           b)       The Director of Place Shaping and Town 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 Place Shaping and Town Planning is authorised to determine the application and agree appropriate reasons for refusal under Delegated Powers. 3.

3.        That the Committee authorised the making of a draft order pursuant to s247 of the Town and Country Planning Act 1990 for the stopping up and dedication of parts of the public highway to enable this development to take place.

4.        That the Executive Director of City Management & Communities or another appropriate officer 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.