Demolition of existing dwelling (Class C3); erection of 10-storey mixed-use building comprising office floorspace (Class B1), one residential unit (Class C3) and ground floor café (Class A1/A3); creation of pocket park; new school playground for Westminster City School; and associated works.
Having declared a prejudicial interest, Councillor Shearer left the meeting during the consideration of the application.
The presenting officer tabled the following changes to the draft decision notice:
At the applicants request condition 8 of the draft decision notice has been amended to read as follows:
There shall be no primary cooking in the retail/cafe (class A1/ A3) unit such that you must not cook raw or fresh food on the premises unless you apply to us for approval of full details of the ventilation system to get rid of cooking smells, including details of how it will be built and how it will look. You must not carry out any primary cooking until we have approved what you have sent us and you have carried out the work according to the approved details (please see informative 26).
Under condition 8 you must not cook food in any way which is likely to cause a nuisance by smell. You must not, for example, grill, fry, toast, braise, boil, bake, hot smoke or roast food. However, you can reheat food by microwave or convection oven as long as this does not require extractor equipment.
The hot food operation as described in the approved documents shall not be altered in any way with regards to cooking methods, cookline equipment or hot food types sold.
Any approval of details application must submit details of extraction which shall consist only of either a 'full height' system or in limited circumstances where all cooking equipment is electric only an 'approved recirculation' scheme (any extraction scheme proposing 'low-level' external discharge to get rid of cooking fumes will not be accepted as being suitable as per Westminster Environmental Health requirements for new premises wishing to provide an extensive hot food operation). For further information please contact the Environmental Health Consultation Team (Regulatory Support Team 2) by email to email@example.com.
Tim Rainbird, the agent for the applicant, addressed the committee in support of the application.
RESOLVED: (For: Cllrs Rigby and Short; Against: Cllr Roca)
1. That conditional permission be granted subject to:
(a) the views of the Mayor of London and a S106 legal agreement to secure the following:
· A payment of £1,370,000 towards the Council's affordable housing fund (index linked and payable on commencement of development).
· A Financial Contribution of £ 63,284.97 towards employment and training initiatives prior to commencement of development.
· Management/maintenance agreement to secure public access to the pocket park to be completed prior to first occupation of the development.
· Extension to the playground for Westminster City School to be completed prior to first occupation of the development. This should be provided by the developer at nil cost to the school in terms of rental payments or and insurance/indemnity requirements.
· Carbon offset payment of £3,878 (index linked and payable on commencement of development)
· Monitoring costs.
· The playground for Westminster City School at no cost to the school.
· A contribution to the planting of one street tree to replace that which is being lost.
(b) The amendment to condition 8 and the additional informative as set out above.
2. If the S106 legal agreement has not been completed within four weeks of the Committee resolution then:
a) The Director of Place Shaping and Town Planning shall consider whether the permission can be issued with additional condition 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 be refused on the grounds that it has not proved possible to complete an agreement within an appropriate timescale, and the proposal is 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 reason for refusal under Delegated Powers