Agenda item

Construction of a ground floor plus part four, six and seven storey building with new basement fronting Allington Street, Bressenden Place and Victoria Street for use as offices (Class B1), flexible retail (Class A1/A2/B1), flexible office/library (Class B1/D1) and flexible retail/library/office (Class A1/A2/B1/D1) and associated works, hard landscaping, highway, utilities and ancillary works with servicing from Bressenden Place. Reinstating elements of the retained facade and interiors of Sutton House.

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 Delfont Mackintosh Theatres Limited (01.07.2019 and 02.07.2019)), the Cathedral Area Residents Group (01.07.2019), 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 08/08206/FULL) and subject to the views of the Mayor, to secure the following:

i) The Class D1 (library) space at a peppercorn rent for a period of 25 years

ii) A one-off capital sum of £1,000,000 (index linked to 2012) to be used as a sinking fund to off-set the management costs associated with a multi-level library including use of Smart Technology.

iii) Extend the long stop period for paying the Community Space Contribution if an agreement for lease has not been negotiated to three years from the date of planning permission. 

iv) 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 Allingston Street and associated work (legal, administrative and physical).

v) Stopping up and dedication of land;

vi) Employment and Training Skills Plan to be provided prior to commencement of post-piling construction works, and 

vii) 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.

Peter Roberts, representing the Cathedral Area Residents Group, addressed the Sub-Committee to raise some concerns in respect 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 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 08/08206/FULL) and subject to the views of the Mayor, to secure the following:

i) The Class D1 (library) space at a peppercorn rent for a period of 25 years

ii) A one-off capital sum of £1,000,000 (index linked to 2012) to be used as a sinking fund to off-set the management costs associated with a multi-level library including use of Smart Technology.

iii) Extend the long stop period for paying the Community Space Contribution if an agreement for lease has not been negotiated to three years from the date of planning permission.

iv) 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 at Allington Street and associated work (legal, administrative and physical).

v) Stopping up and dedication of land;

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

vii) 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.