Agenda item

Use of basement car park as storage and distribution (Use Class B8) (self-storage facility)

Additional Representations were received from a local resident (09.08.20), local resident (09.08.20), local resident (10.08.20) and Councillor Gotz Mohindra (13.07.20)

The presenting officer tabled the following amendment to the officer’s Report and amendments to Condition 5 and Condition 6,

Item 6 – 2 PARK WEST PLACE, LONDON, W2 2QZ

The description of development includes the hours that the storage facility would

operate which would prejudice the applicant’s ability to apply to amend them at a

later date following Finney v Welsh Ministers [2019] EWCA Civ 186. The hours

stated in that description (i.e. 0700-1900 Monday to Friday, 0700-1600 Saturdays

and Sundays 1000-1600) are also longer than those consulted on and any approval

given may be prejudicial to residents if permission is granted on this basis.

Accordingly, the following amendments to the officer’s report have been made:

1 The description of development throughout the report has been amended to

the following:

“Use of basement car park as storage and distribution (Class B8)(self-storage

facility)”.

2 The first paragraph of section 7 of the officer’s report (page 171) has been

amended as follows:

“Permission is sought for change of a car park to a self-storage facility (Class

B8). The proposed opening hours are 07:00-19:00 Monday to Friday and

07:00-16:00 Saturdays” and 10:00-16:00 Sundays (and Bank Holidays).

3 The second paragraph of section 8.3 of the officer’s report (page 173) has

been amended as follows:

“The opening hours of the car park when in operation by NCP are not known.

However, it is thought likely to have been 24 hours a day, like their other car

parks that are still in operation in this part of the city. It is proposed that the

self-storage facility will be also be open each day of the week but from 07:00-

19:00 Monday to Friday and 07:00-16:00 Saturdays and 10:00-16:00

Sundays (and Bank Holidays). The hours proposed are well aligned within

those of many local businesses and as such are regarded as being

acceptable through not allowing for activity late at night which would be more

likely to cause disturbance to residents. The applicant agreed in their revised

Operation and Management Plan to state that customers will not be permitted

to enter the storage facility outside of these hours. If permission is to be

granted, a condition is to be included requiring that this, and the proposed

hours are adhered to by the operator.”

4 Amend condition 5 on page 182 of the officer’s report to the following:

“Customers shall not be permitted within the self-storage facility premises

before 07:00 or after 19:00 on Monday to Friday, before

07:00 or after 16:00 on Saturdays and not at all on Sundays, bank holidays

and public holidays. (C12BD)

Reason:

To protect the environment of people in neighbouring properties, as set out in

S32 of Westminster's City Plan (November 2016) and ENV 6 and ENV 7 of our Unitary Development Plan that we adopted in January 2007. (R13BC)”

Further to the amendment in your Blue bundle, condition 6 (Page 182 of your agenda) needs to be amended so that it does not conflict with the amended condition 5. As currently drafted, condition 6 requires compliance with the Operation and Management Plan dated 28th July 2020. That Operation and Management Plan refers to hours that are not consistent with the amended condition 5. To address this, it is recommended that condition 6 is amended as follows:

6. Subject to the hours of operation set out in condition 5, the self-storage facility use hereby approved shall be carried out in accordance with the Operation and Management Plan dated 28th July 2020.

Reason:

To protect the environment of people in neighbouring properties, as set out in S32 of Westminster's City Plan (November 2016) and ENV 6 and ENV 7 of

RESOLVED UNANIMOUSLY:

1.     That conditional permission be granted, as amended, subject to the amended hours and there being no openings on Sunday and for the amended Condition 6 on the OMP to reflect this.

2.     That an informative to require to apply for Building Control Approval and Fire Safety be included.