Agenda item

Variation of condition 37 of permission dated 08/03/2016 (ref 15/08006/FULL) for Construction of a new 16 storey office (Class B1) building (Building 6a) fronting a realigned Allington Street and Bressenden Place with part flexible retail use (Class B1/A1-A5) at ground and first floor. The proposal includes new basement levels connected to the adjacent Nova basement with associated highways, utilities and other associated works, including hard landscaping / public realm works. NAMELY, further realignment of Allington Street and rotation of the permitted building, removal of basement floor space, increased office floorspace, amendments to the design of the facade, and associated works including decreased storey heights to enable the inclusion of two additional storeys without increasing the permitted height of the building.

Additional representations were received from the Highways Planning Manager (26.06.2019) and the Cathedral Area Residents Group (26.06.2019).

Late representations were received from Delfant Mackintash Theatres Limited (01.07.2019 and 02.07.2019)), Transport for London (28.06.2019) and Gerald Eve (01.07.2019).

The presenting officer tabled the following amendments to the recommendations:

1. Grant conditional permission subject to a deed of variation to the original S106 legal agreement dated 9 October 2009 (as varied and secured under ref 08/08205/FULL) and subject to the views of the Mayor, to secure the following:

i. A payment of £12,449,773 (index linked) to the Council's affordable housing fund payable on commencement of development.

ii.A payment of up to £3,441,200 towards Crossrail.    . 

iii) All highway works immediately surrounding the site required for the development to occur, including changes to footway levels, on-street restrictions, reinstatement of redundant vehicle crossovers, provision of bus stand in Allington Street and associated work (legal, administrative and physical).

iv) Stopping up and dedication of land;

v) Employment and Training Skills Plan to be provided 6 months prior to the commencement of post-piling construction works.

and

vi) Monitoring payment of £500 for each obligation.

2.         If the 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 the permission can be issued with additional conditions attached to secure the benefits listed above. If this is possible and appropriate, the Director of Place Shaping and Town Planning is authorised to determine and issue such a decision under Delegated Powers; however, if not

b) The Director of Place Shaping and Town Planning shall consider whether permission should be refused on the grounds that it has not proved possible to complete an agreement within the appropriate timescale, and that the proposals are unacceptable in the absence of the benefits that 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. That Committee authorises 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 other 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.

Additional Condition

You must apply to us for approval of an Allington Street Access Management Strategy. You must not construct any part of the realigned Allington Street hereby approved until we have approved what you have sent us. Thereafter you must manage the development in accordance with the details approved.

Robert Hume addressed the Sub-Committee in support of the application.

Ruth Duston also addressed the Sub-Committee in support of the application.

RESOLVED (Councillors Gotz Mohindra, David Boothroyd, Murad Gassanly, Jim Glen and Elizabeth Hitchcock for, Councillor Geoff Barraclough to defer):

1.         That conditional permission be granted, subject to the views of the Mayor, and subject to an additional condition to secure approval of the final highway scheme for Allington Street and a traffic management plan for the Victoria Palace Theatre’s servicing vehicles and subject to a deed of variation to the original Section 106 legal agreement dated 9 October 2009 (as varied and secured under ref 08/08205/FULL) and subject to the views of the Mayor, to secure the following:

i. A payment of £12,449,773 (index linked) to the Council's affordable housing fund payable on commencement of development.

ii.A payment of up to £3,441,200 towards Crossrail.    . 

iii) All highway works immediately surrounding the site required for the development to occur, including changes to footway levels, on-street restrictions, reinstatement of redundant vehicle crossovers, provision of bus stand in Allington Street and associated work (legal, administrative and physical).

iv) Stopping up and dedication of land;

v) Employment and Training Skills Plan to be provided prior to the commencement of post-piling construction works; and

vi) Monitoring payment of £500 for each obligation.

2.         That if the 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 the permission can be issued with additional conditions attached to secure the benefits listed above. If this is possible and appropriate, the Director of Place Shaping and Town Planning is authorised to determine and issue such a decision under Delegated Powers; however, if not

b) The Director of Place Shaping and Town Planning shall consider whether permission should be refused on the grounds that it has not proved possible to complete an agreement within the appropriate timescale, and that the proposals are unacceptable in the absence of the benefits that 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.         That Committee authorises 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 other 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.