Agenda item

Marble Arch London W1H 7DX


Temporary installation of a viewing platform, landscaping, walkway and staircase, and other associated works, at Marble Arch for a temporary period of six months.


Additional representations were received from the Mayor of London’s office( 23.3.2021) TfL(22.3.2021) Royal Parks(24.03.2021) London Gardens Trust

(18.3.2021) The Church Commissioners (22.3.2021),one interested party (22.3.2021) and two local residents (22.3.2021 and 25.3.2021)



Late representations were received from the St Marylebone Society(26.3.2021) the Marylebone Association (26.03.2021), the Westminster Cycling Campaign (27.03.2021) and two local residents (27.03.2021 and 29.03.2021) and a copy of the applicant’s Delivery and Servicing Plan(29.3.2021)


The presenting officer made the following representations:


Following an independent examination by the Planning Inspectorate, the council received the Inspectors’ Report on the City Plan 2019-2040 on 19 March 2021. This concludes that with the recommended main modifications, the plan is sound and compliant with legal requirements. In light of this conclusion, council intends to formally adopt the City Plan 2019-2040: Intend to Adopt version (incorporating these main modifications) at the next meeting of Full Council. Therefore, having regard to the tests set out in paragraph 48 of the NPPF and the advanced stage in the plan-making process, all policies in the City Plan 2019-2040 now carry significant weight as a material consideration when determining applications in accordance with the duty set out under s.38(6) of the Planning and Compulsory Purchase Act 2004.The following policies in the City Plan 2019-2040 Intend to Adopt version (March2021) are relevant to the consideration of this application:


Policy 1 Westminster’s spatial strategy

6. Supporting town centre and high streets, including centres of International

importance in the West End and Knightsbridge, to evolve as multifunctional

commercial areas to shop, work and socialise.

Policy 2 Spatial Development Priorities: West End Retail and Leisure Special

Policy Area and Tottenham Court Road Opportunity Area

B. An improved retail and leisure experience that responds to innovation and change

in the sector, including transformation of the Oxford Street District

Policy 7 Managing development for Westminster’s people

E. Contributing to the greening of the City

Policy 14 Town Centre, high streets and CAZ

Proposals in existing town centres and high streets will enhance and diversify their

offer as places to shop work and spend leisure time.

Policy 15 Visitor Economy

A. We will maintain and enhance the attractiveness of Westminster as a visitor

destination balancing the needs of visitors’ businesses and local communities.

Policy 29 Freight and Servicing

D. Where it is not possible to fully meet the servicing, collection, and delivery needs

within a development site they must be met in such a way that minimises adverse

effects on other highway and public realm users, and other residential or commercial


Policy 33. Local environmental impacts

A. The council will make sure that quality of life and health and wellbeing of existing

and future occupiers, and the natural environment are not adversely affected by

harmful pollutants and other negative impacts on the local environment

34. Green infrastructure

A. The council will protect and enhance the city’s green infrastructure to maximise its

environmental, social, and economic value.


B. Developments will, wherever possible, contribute to the greening of Westminster by

incorporating trees, green walls, green roofs, rain gardens and other green features

and spaces into the design of the scheme

38. Design principles

A. New development will incorporate exemplary standards of high quality, sustainable

and inclusive urban design and architecture befitting Westminster’s world-class status,

environment and heritage and its diverse range of locally distinctive neighbourhoods.


F. Imaginative approaches to contemporary architecture and use of innovative modern

building techniques and materials will be encouraged where they result in exemplary

new buildings and public realm which incorporate the highest standards of

environmental sustainability, that respect and enhance their surroundings and are

integrated with and better reveal Westminster’s heritage and existing townscape

39. Westminster’s heritage

A. Westminster’s unique historic environment will be valued and celebrated for its

contribution to the quality of life and character of the city. Public enjoyment of, access

to and awareness of the city’s heritage will be promoted.


K. Development will preserve or enhance the character and appearance of

Westminster’s conservation areas. Features that contribute positively to the

significance of conservation areas and their settings will be conserved and

opportunities taken to enhance conservation areas and their settings, wherever



Q. Proposals affecting Westminster’s registered historic parks, gardens and open

spaces will safeguard their special historic interest, integrity, character and

appearance, and protect their settings and significant views from and towards these


40. Townscape and architecture


F. New development affecting strategic and local views (including local views of

metropolitan importance) will contribute positively to their characteristics, composition

and significance and will remedy past damage to these views wherever possible.

44. Security measures in the public realm

A. Development will provide an integrated approach to the security of the site including

buildings and any associated public or private spaces.

B. Development and or public realm improvement proposals will be required to

incorporate appropriate counter terrorism measures advised by the Metropolitan

Police and / or the council. Where appropriate, the retrofitting of existing buildings and

spaces may be required.

Subject to the recommended conditions in the draft decision notice the scheme is

considered to be compliant with policies in the new City Plan.

Amendments to the reasons for the conditions and the Informative on the draft

decision notice in accordance with the new City Plan are shown below.

In the verbal presentation officers will also refer to the following insertions:




Advise that the proposal located within a Tier 1 Archaeological Priority Area which does not

appear from the information submitted to have an archaeological impact. Statement.

Further information would therefore be appreciated in order to advise further, for example

details of the construction methodology and/or whether there will be any excavations for

foundations or services.


8.7 Other UDP/Westminster Policy Considerations


With regard to the comments from Historic England Archaeology about the absence of an

archaeological impact statement, the applicant has confirmed that the proposal is totally

non-intrusive, with no digging involved at all, and that the structure is solely dependent on scaffolding on the ground.


Kay Buxton and James Wickham both addressed the Committee in support of the application.




That conditional permission for a temporary period of 6 months under Regulation 3 of the Town and Country Planning General Regulations 1992 be granted and an additional condition and informatives as set out above and an additional  informatives


a) after the temporary period has concluded the applicant use their best endeavours to re-use trees and planting where practicable within Westminster , and

b)the applicant to investigate whether any additional temporary cycle parking can be provided in the vicinity or within Hyde Park( albeit  subject to the views of Royal Parks ) .

Supporting documents: