Agenda item

Demolition of the existing building and redevelopment of the site to provide a new building, comprising of basement, lower ground, ground and nine upper storeys for use as office (Class B1) accommodation, flexible retail (Class A1 and/or Class A3 and/or Class A4) and/or gym (Class D2) uses at part lower ground and ground floor level, public realm improvements, and associated works.

Late representations were received from Gerald Eve (04.11.20 and 06.11.20), HGH Consulting (29.10.20 and 09.11.20) and CO-RE (Undated).

The presenting officer tabled a revised draft decision letter containing the following amendments:

·       Alterations to conditions 17-21 to remove references to the Class E of the Town and Country Planning (Use Classes) Order 1987 as amended September 2020 (or any equivalent class order that may replace it).

·       Deletion of condition 27 from the draft decision notice which stated that:

“You must apply to us for approval of details of internal structural design, including the structural design of the columns and soffits. You must not start work on the relevant part of the development until we have approved in writing what you have sent us. You must then carry out the work in accordance with the approved details.

(Details of the internal structure are to be secured as part of the legal agreement rather than by condition)”

·       The addition of the following two new conditions:

Condition 27 - You must apply to us for approval of full details of how materials in the existing building will be reclaimed and recycled. You must not start removal of recyclable materials until we have approved what you have sent us. You must then carry out the work and recycling according to these approved details.

Reason:

To make sure that the development provides the environmental sustainability features included in your application as set out in S28 or S40, or both, of Westminster's City Plan (November 2016).  (R44AC)

Condition 28 - You must apply to us for approval of a scheme of public art. You must not start work on the public art until we have approved what you have sent us.  Before anyone moves into the building you must carry out the scheme according to the approved details., , You must maintain the approved public art and keep it on this site.  You must not move or remove it.  (C37AB)

Reason:

To make sure the art is provided for the public and to make sure that the appearance of the building is suitable. This is as set out in DES 7 (A) of our Unitary Development Plan that we adopted in January 2007.  (R37AB)

The presenting officer also tabled the following revisions to the recommendations highlighted in bold:

1.        Subject to referral to the Mayor of London, grant conditional permission subject to a S106 legal agreement to secure:

·                Provision of 536 m2 of affordable housing at Castle Lane to be made ready for occupation prior to commencement of development or a financial contribution of £3 million towards the City Council's affordable housing fund (index linked and payable on occupation of the development)

·                Employment and Skills Plan including a Financial Contribution of £230,564.74(index linked and payable on commencement of development

·                All highway works immediately surrounding the site required for the development to occur, including changes to footway widths and levels, on-street restrictions and associated work (legal, administrative and physical).

·                Tree Planting and maintenance within the vicinity of the site

·                Details of Internal structural design, including columns and soffits, to be agreed prior to commencement of development   

·                Subject to the agreement of the City Council as Local Highway Authority, the making and consulting on an Order pursuant to Section 247 of the Town and Country Planning Act (1990) (as amended) to 'stop-up' an area of public highway, for which the applicant will pay the City Council's reasonable costs.

·                Monitoring costs

David Ainsworth addressed the Sub-Committee in support of the application.

Simon Allford addressed the Sub-Committee in support of the application.

RESOLVED UNANIMOUSLY:

1)    That subject to referral to the Mayor of London, conditional permission, as amended, be granted subject to a S106 legal agreement to secure:

·     Provision of 536 m2 of affordable housing at Castle Lane to be made ready for occupation prior to commencement of development or a financial contribution of £3 million towards the City Council's affordable housing fund (index linked and payable on occupation of the development);

·     Employment and Skills Plan including a Financial Contribution of £230,564.74 (index linked and payable on commencement of development;

·     All highway works immediately surrounding the site required for the development to occur, including changes to footway widths and levels, on-street restrictions and associated work (legal, administrative and physical);

·     Tree Planting and maintenance within the vicinity of the site;

·     Details of Internal structural design, including columns and soffits, to be agreed prior to commencement of development;  

·     Subject to the agreement of the City Council as Local Highway Authority, the making and consulting on an Order pursuant to Section 247 of the Town and Country Planning Act (1990) (as amended) to 'stop-up' an area of public highway, for which the applicant will pay the City Council's reasonable costs; and

·     Monitoring costs

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 an appropriate timescale, and that the proposals are unacceptable in the absence of the benefits that would have been secured; if so, the Director of Planning was authorised to determine the application and agree appropriate reasons for refusal under Delegated Powers.