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Agenda item

Open Space, Berkeley Square, London W1J 6EB

Minutes:

Use of Berkeley Square Gardens for a temporary Forest of Light event for a period of up to 28 days from 1st November to 20th December (including construction and clean-up) for a temporary period of three years (2020, 2021 and 2022).

 

Additional representations were received from the Council’s Arboricultural Section (23.10.2019) and the Mayfair Neighbourhood Forum (undated).

 

The presenting officer tabled Policies MGS1 (Mayfair’s Green Spaces) and MGS2 (Events in Green Spaces) of the Mayfair Neighbourhood Plan (Referendum Version) as well as the following changes to the draft decision letter:

 

Amended description of development:

 

Use of Berkeley Square Gardens for a temporary Forest of Light event for a period of up to 28 days in from 1st November and / or to 20th December (including construction and clean-up) for a temporary period of three years (2020, 2021 and 2022).

 

Amended Condition 3

 

You must apply to us for approval of drawings of the following parts of the development:

 

(i) Boundary treatment(s) to the gardens event

(ii) Structures within the gardens

 

You must not start any work on these parts of the development until we have approved what you have sent us.

 

You must then carry out the work according to these drawings. 

 

(No change to reason)

 

Amended Condition 5

 

The use of Berkeley Square for the Forest of Light event, and the installation of structures, plant and boundary treatment associated with the Forest of Light, can only be in place for a maximum period of 28 days in between 1st November and / or to 20th December each year in 2020, 2021 and 2022. You must then return the land to its previous condition and use.

 

(No change to reason)

 

 

 

 

 

 

 

Amended Condition 6

 

You must open the Forest of Light event to visiting members of the public between the following times: 08.00 and 22.00. All generators and lights associated with the event must be switched off outside of these operating hours.

 

Reason:

To protect the privacy and environment of people in neighbouring properties, as set out in S29 of Westminster's City Plan (November 2016) and ENV 13 of our Unitary Development Plan that we adopted in January 2007 and to ensure that public access to Berkeley Square is maintained, as required by Policy MGS2 of the Mayfair Neighbourhood Plan (Referendum Version).

 

Additional Condition 7

 

You must not carry out any excavation within the Root Protection Area of any tree.

 

Reason:

To make sure that the trees on the site are adequately protected during building works.  This is as set out in S38 of Westminster's City Plan (November 2016) and DES 1 (A), ENV 16 and ENV 17 of our Unitary Development Plan that we adopted in January 2007. 

 

Additional Condition 8

 

At least six months prior to the installation date you must apply to us for approval of details of the following:

 

·       The temporary footpath, which must be no-dig in construction;

·       The methods by which the temporary Christmas trees and any lighting will be fixed, including any requirements to use ground pins or to attach fittings to existing trees;

·       Details of construction of the temporary structures, to include details of the temporary surfacing, means of fixing including below ground pins or attachments to trees.

·       Details of electricity cables and other services, where these pass through the Root Protection Areas of any tree.

 

You must not undertake the installation of these elements until we have approved what you have sent us.  You must then undertake the installation in accordance with the approved details.

 

Reason:

To make sure that the trees on the site are adequately protected during building works.  This is as set out in S38 of Westminster's City Plan (November 2016) and DES 1 (A), ENV 16 and ENV 17 of our Unitary Development Plan that we adopted in January 2007.  (R31AC)

 

Additional Condition 9

At least six months prior to the installation date you must apply to us for approval of a method statement of the ways in which you will protect the trees on site.  This information should be prepared by a suitably qualified arboriculturist in accordance with the recommendations of BS5837: 2012 (Trees in relation to design, demolition and construction– Recommendations), and shall include:

 

o   A scaled plan that shows the position and crown spread of every tree with a stem diameter of over 75mm measured over the bark at 1.5 m above ground level, and shrub masses and hedges on the application site and adjacent land.  For individual trees, the crown spread taken at four cardinal points (section 4 of BS5837: 2012).

o   A schedule of tree details as recommended at paragraph  4.4.2.5 -.4.4.3.9 of BS5837: 2012, and their categorisation as per paragraph 4.5  and table 1 of BS5837: 2012

o   Details of the root protection areas (RPAs) of the trees as per paragraph 4.6 of BS5837: 2012 and details of any proposed alterations to the existing ground levels or any other works to be undertaken within the RPA of any tree within the tree survey plan and schedule. 

o   Details of all proposed tree surgery and removal, and the reasons for the proposed works.

o   Tree constraints (the RPA and any other relevant constraints as set out in paragraph 5.2 of BS5837: 2012 plotted around each of the trees on relevant drawings, including proposed site layout plans.

 

o   A tree protection plan superimposed on a layout plan, based on the topographical survey, and details of all tree protection measures for every tree proposed to be retained for the duration of the course of the development, and showing all hard surfacing and other existing structures within the RPA. (section 5.5 of BS5837: 2012)

 

The method statement also must include details of any vehicle access to the site and incorporate suitable ground protection and protective fencing.  You must also include a methodology for undertaking any ground pinning or attachments to existing trees to ensure that the trees are not harmed.   You must not start any works on the site or take any materials or equipment for the development onto the site until we have approved what you have sent us.  You must then carry out the work in accordance with the approved details.

 

Reason:

To make sure that the trees on the site are adequately protected during building works.  This is as set out in S38 of Westminster's City Plan (November 2016) and DES 1 (A), ENV 16 and ENV 17 of our Unitary Development Plan that we adopted in January 2007.  (R31AC)

 

Additional Condition 10

At least six months prior to the installation date you must apply to us for our approval of details of an auditable system of arboricultural site supervision and record keeping prepared by an arboricultural consultant who is registered with the Arboricultural Association, or who has the level of qualifications and experience needed to be registered. The details of such supervision must include:

 

i)                identification of individual responsibilities and key personnel.

ii)               induction and personnel awareness of arboricultural matters.

iii)             supervision schedule, indicating frequency and methods of site visiting and record keeping

iv)             procedures for dealing with variations and incidents.

 

You must not start any demolition, site clearance or building work, and you must not take any equipment, machinery or materials for the development onto the site, until we have approved what you have sent us.  You must then adhere to the approved supervision schedule.

 

You must produce written site supervision reports after each site monitoring visit, demonstrating that you have carried out the supervision and that the tree protection is being provided in accordance with the approved scheme. If any damage to trees, root protection areas or other breaches of tree protection measures occur then details of the incident and any mitigation/amelioration must be included You must send copies of each written site supervision record to us within five days of the site visit.

 

Reason:

To make sure that the trees on the site are adequately protected during building works.  This is as set out in S38 of Westminster's City Plan (November 2016) and DES 1 (A), ENV 16 and ENV 17 of our Unitary Development Plan that we adopted in January 2007.  (R31AC)

 

Additional Condition 11

 

You must apply to us for approval of site ‘pre-installation’ and ‘sign-off’ inspections, to be carried out prior to and following the removal of the installation, each year.  The inspections must be carried out by an arboricultural consultant who is registered with the Arboricultural Association, or who has the level of qualifications and experience needed to be registered.  Following the removal of the installation the consultant must assess any impact on trees and make recommendations for any necessary soil decompaction or other remedial measures.  You must submit a report of the ‘pre-installation’ inspection to us at least two weeks prior to the installation and you must submit a report of the ‘sign off’ inspection to us within two weeks of the removal of the installation.  You must then undertake the recommended amelioration measures within three months of the removal of the installation or within any other such period of time that you agree in writing with us and you must notify us within that time period once the amelioration measures have been carried out.

 

Reason:

To make sure that the trees on the site are adequately protected during building works.  This is as set out in S38 of Westminster's City Plan (November 2016) and DES 1 (A), ENV 16 and ENV 17 of our Unitary Development Plan that we adopted in January 2007.  (R31AC)

 

Additional Condition 12

You must arrange for all of the London plane trees to be subject to a climbing inspection, to identify and remove branches affected by Massaria disease of plane.  The inspection must be carried out each year, before the installation of the Christmas trees but no more than one month before the installation.  If any branches need to be removed which are affected by Massaria and which are not dead you may need our approval, as the trees are located within a conservation area.  You should discuss this in advance with our Tree Officer on 020 7641 7761.

 

Reason:

To ensure the safety of visitors to the event, in accordance with Policy S29 of the Westminster's City Plan (November 2016).

 

RESOLVED UNANIMOUSLY:

 

1.        That conditional planning permission be granted subject to the amended description of the development and the amendments to conditions as tabled and set out above save that permission be for a temporary period of one year and not three years.  

 

2.        The Committee was concerned about the potential issues associated with the development and wanted an opportunity for this to be reviewed after one year to reflect that approval is for one year only.

 

3.        That the final wording of conditions be determined by officers under delegated powers.

 

Supporting documents: