Agenda item

Use of building as residential flats (Class C3); external works including: new entrance doors; creation of 5 new windows; replacement double glazed windows; infill of sunken steps; creation of gardens and access doors; new louvres within the roof; and associated plant and works.

Late representations were received from Westminster City Council’s Environmental Sciences (12.12.19) and Westminster City Council’s Head of Affordable Housing (17.12.19).

The presenting officer tabled the following additions to recommendation 1:

c)     Air Quality Neutral Assessment mitigation payment of £1,411 (index linked) and payable on prior to occupation;

d)     The 14 car parking spaces allocated for residential use to be provided at nil cost to the Registered Provider; and

e)     Monitoring Costs of £500 for each of the above obligations.

The presenting officer also tabled the following revised and additional conditions:

Revised Condition 2 planning permission

The residential accommodation hereby approved is for 30 units as shown on the approved plans and shall only be used for affordable housing.

Additional Condition on the listed building consent

You must apply to us for full details of all proposed works to Horrobin metalwork, including decorative handrails. The details should include a strategy for re-positioning of any metalwork where relocation is approved by this consent. You must not start any work to the metalwork until we have approved what you have sent us. You must then carry out the work according to the approved details.

Matthew Giles addressed the Sub-Committee in support of the application.

RESOLVED (For - Councillors Caplan, Freeman, Hitchcock and Glen. Against – Councillors Barraclough and McKie)

1)         That conditional permission, as amended, be granted subject to a S106 legal agreement to secure the following:

a)         The provision of 3,400sqm (GIA) of residential accommodation to be used for affordable housing purposes.

b)         That following practical completion and transfer to a Registered Provider, 2217sqm (GIA) of residential accommodation can be used to address Westminster's mixed-use policy requirements that may arise from future commercial development schemes (effectively an affordable housing 'credit') subject to the following parameters (to be set out in a memorandum of understanding within the agreement):

i.                 It would be used only in connection with commercial developments in which The Crown Estate, or a subsidiary company, is the applicant, either alone or with a joint venture partner.

ii.               Use of the offset provision would not be traded, or otherwise made available by The Crown Estate to third-party developers otherwise unconnected with The Crown Estate.

iii.              The offset provision would be linked to no more than five future The Crown Estate developments.

iv.              The use of the offset provision would be on a floorspace (GIA sqm) basis only

v.               The Crown Estate would not request that the cost to it of the creation of the credits was considered in any subsequent discussion of financial viability or commercial deliverability.

vi.              Any planning application proposing the use/draw down of the offset floorspace would be required to be submitted to the City Council within three years of the practical completion of the affordable housing floorspace at 33 Vauxhall Bridge Road.

vii.            Once assigned to that commercial proposal, the offset provision would not be available to be used in connection with an alternative commercial proposal unless The Crown Estate notified the City Council that it no longer intended to proceed with that option.

viii.           Any offset provision not linked to a future development within three years of completion of 33 Vauxhall Bridge Road would no longer be capable of being linked to future The Crown Estate developments.

ix.              The offset provision would be linked to The Crown Estate development proposals in West End and St James's Wards unless otherwise agreed by both parties.

x.               As well as the residential affordable housing credit to offset commercial increases elsewhere, and only following the practical completion and transfer to a Registered Provider of 2217sqm (GIA) of residential floorspace, the Council will factor the proposed loss of 2,214sqm of office accommodation at 33 Vauxhall Bridge Road into any calculations that establish a residential requirement arising from other commercial developments. The use of the commercial offset provision would be subject to the same parameters set out in i-ix. above.

c)              Air Quality Neutral Assessment mitigation payment of £1,411 (index linked) and payable on prior to occupation;

d)              The 14 car parking spaces allocated for residential use to be provided at nil cost to the Registered Provider; and

e)              Monitoring Costs of £500 for each of the above obligations.

2)         That if the legal agreement had not been completed within six weeks of the date of the Committee resolution, then:

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

b)         The Director of Place Shaping and Town Planning should consider whether permission should be refused on the grounds that it had not proved possible to complete an agreement within the appropriate timescale, and that the proposals were unacceptable in the absence of the benefits that would have been secured; if so, the Director of Place Shaping and Town Planning was authorised to determine the application and agree appropriate reasons for refusal under Delegated Powers.

3)         That conditional listed building consent be granted.

4)         That the reasons for granting conditional listed consent as set out in Informative 1 on the draft decision letter be agreed.

</AI7>

<TRAILER_SECTION>