Agenda item

Alterations including partial infilling of rear courtyard on basement and ground floors, rear extensions on first to fifth floors and seventh floor roof extension with plant enclosure, roof terrace and green roof above all to provide additional office accommodation (Class B1); new balconies/terraces at front fourth, fifth and seventh floor levels and at rear first, sixth and seventh floor levels. Flexible use of part basement and part ground floor for either retail / office/ gym use (Class A1/ B1/ D2), provision of cycle parking and associated external alterations.

Late representations were received from Concilio (14.6.2019),  the occupier of the Penthouse, 6 Upper John Street, W1F 9HB (18.6.2019) and the Senior Planning Solicitor (18.6.2019).

The presenting officer tabled the following amendments to decisions and reasons on the draft decision notice (changes highlighted in red).

4  Customers shall not be permitted within the gym before 06.00 or after 23.00 on Monday to Friday or before 08.00 or after 20.00 on Saturday and Sundays.

Reason:

To make sure that the use will not cause nuisance for people in the area.  This is as set out in S29 and S32 of Westminster's City Plan (November 2016) and SOC1 and ENV 6 of our Unitary Development Plan that we adopted in January 2007.  (R05GB)

11  The terraces and balconies should not be in used between 21:00 and 08:00 hours the following day, except in the case of an emergency.

Reason:

To protect neighbouring residents from noise nuisance, as set out in S29 and S32 of Westminster's City Plan (November 2016) and ENV 6

and ENV 7 of our Unitary Development Plan that we adopted in January 2007.  (R13FB)

12  Prior to the occupation of the gym, you must apply to us for approval of an Operational Management Plan to show how you will ameliorate any potential nuisance for people in the area, including people who live in nearby buildings. You must not occupy the gym until we have approved what you have sent us. You must then carry out the measures included in the management plan at all times that the premises are in use.

Reason:

To make sure that the use will not cause nuisance for people in the area.  This is as set out in S29 and S32 of Westminster's City Plan (November 2016) and SOC1 and ENV 6 of our Unitary Development Plan that we adopted in January 2007.  (R05GB)

14    You must apply to us for approval of detailed drawings and a bio-diversity management plan in relation to the sections of green roof to include construction method, layout, species and maintenance regime.

You must not commence works on the relevant part of the development until we have approved what you have sent us. You must carry out this work according to the approved details prior to the occupation of the development hereby approved and thereafter retain and maintain in accordance with the approved management plan.

Reason:

To increase the biodiversity of the environment, as set out in S38 of Westminster's City Plan (November 2016) and ENV 17 of our Unitary Development Plan that we adopted in January 2007.  (R43FB)

15  You must provide the environmental sustainability features (environmentally friendly features) identified in Section 3 of document titled 'Sustainability Statement' by Cundall dated 12 March 2019 before you start to use any part of the new accommodation. You must not remove any of these features.  (C44AA)

Reason:

To make sure that the development provides the environmental sustainability features included in your application as set out in S28 or S40, or both, of Westminster's City Plan (November 2016).  (R44AC)

20  In the event that you use the premises for D2 use, you must use the property only for gym, fitness or health club use. You must not use it for any other purpose, including any within Class D2 of the Town and Country Planning (Use Classes) Order 1987 as amended April 2005 (or any equivalent class in any order that may replace it).

Reason:

To protect neighbouring residents from noise nuisance, as set out in (omit S24), S29 and S32 of Westminster's City Plan (November 2016) and ENV 6 of our Unitary Development Plan that we adopted in January 2007.  (R13EC)

22  Customers shall not be permitted within the Class A1 retail unit before 06.00 or after 23.00 daily.

Reason:

To make sure that the use does not cause nuisance to people in the area as set down in S29 and S32 of Westminster's City Plan (November 2016) and ENV 6 of our Unitary Development Plan that we adopted in January 2007. 

Statement on Article 8 of the European Convention on Human Rights

The Human Rights Act requires that the City Council in its role as local planning authority acts consistently with the European Convention on Human Rights. The occupier of the penthouse flat in No.6 Upper John Street has objected as they consider that no assessment has been made in respect of the Article 8 rights (Right to respect for private and family life).

Article 8 rights are not rights without limit and may be interfered with where it is in accordance with the law and is necessary in a democratic society.  Article 8 rights should be respected as part of the planning process, but they are not guaranteed and it is a planning judgement against all the other material considerations, wider public interests and other private interests.  As the Town and Country Planning regime is designed to balance the rights of individuals against the interests of the wider community, the City Council must consider the potential interference with human rights and ensure that any reasons for interfering with these rights are proportionate.   

The rights of family, the applicant and the interests of the wider community have to be balanced when assessing this application. The impact of the proposal on neighbouring properties has been discussed within the committee report. The benefits of the proposal due to the improved design of the building, the increase and improved quality of the office accommodation, the provision of either an additional social and community use or a retail unit, which are both encouraged in this location, and the provision of cycle parking and associated facilities outweigh the objections that have been raised. It is therefore considered that any interference with the amenity of any neighbouring residential property is proportionate.

RESOLVED UNANIMOUSLY:

That conditional permission be granted subject to the changes to the draft decision letter as tabled and set out above and subject to the following further amendments:

1.        Amending Condition 11 restricting the hours of use of the terraces and balconies on Monday to Fridays only to 8am to 9pm.

2.        Amending Condition 22 to reduce the hours of use of the Class A1 retail unit on Sundays to 22.00 hours.

3.        An additional condition requiring the gym to have self-closing doors and no openable ground floor windows in order to safeguard the amenity of nearby residents.

4.        An additional informative that the Council would like to see the lights that are currently left on in the existing building are turned off at night.