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Agenda item

The National Gallery Trafalgar Square London WC2N 5DN

Minutes:

Installation of hostile vehicle mitigation security bollards and raising of the height of the perimeter wall at the National Gallery.

 

The presenting officer tabled the following amendments:

 

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, the 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 (March 2021) are relevant to the consideration of this application:

 

7: Managing development for Westminster’s people

 

33: Local environmental effects 

 

38: Design principles

 

39: Westminster’s heritage

 

40: Townscape and architecture

 

44: Security measures in the public realm

 

It is not considered that these policies have would have impact upon the acceptability of the applications and the recommendation.

 

Amendments to the reasons for the conditions and the Informative on the draft decision notice of application 20/06529/COFUL in accordance with the new City Plan are shown below, (amendments in bold text below):

 

1 The development hereby permitted shall be carried out in accordance with the drawings and other documents listed on this decision letter, and any drawings approved subsequently by the City Council as local planning authority pursuant to any conditions on this decision letter.

 

 

 

 

Reason:

For the avoidance of doubt and in the interests of proper planning.

 

2 Except for piling, excavation and demolition work, you must carry out any building work which can be heard at the boundary of the site only:

 o        between 08.00 and 18.00 Monday to Friday;

 o        between 08.00 and 13.00 on Saturday; and

o         not at all on Sundays, bank holidays and public holidays.

 

You must carry out piling, excavation and demolition work only:

o         between 08.00 and 18.00 Monday to Friday; and

o         not at all on Saturdays, Sundays, bank holidays and public holidays.

 

Noisy work must not take place outside these hours unless otherwise agreed through a Control of Pollution Act 1974 section 61 prior consent in special circumstances (for example, to meet police traffic restrictions, in an emergency or in the interests of public safety). (C11AB)

 

Reason:

To protect the environment of neighbouring occupiers. This is as set out in S29 and S32 of Westminster's City Plan (November 2016), ENV 6 of our Unitary Development Plan that we adopted in January 2007 and Policies 7 and 33 of the City Plan 2019 – 2040: Intend to Adopt version (March 2021).  (R11AC)

 

 

 

3 All new work to the outside of the building must match existing original work in terms of the choice of materials, method of construction and finished appearance. This applies unless differences are shown on the drawings we have approved or are required by conditions to this permission.  (C26AA)

 

 

Reason:

To make sure that the appearance of the building is suitable and that it contributes to the character and appearance of this part of the Trafalgar Square Conservation Area.  This is as set out in S25 and S28 of Westminster's City Plan (November 2016), DES 1 and DES 5 or DES 6 or both and paras 10.108 to 10.128 of our Unitary Development Plan that we adopted in January 2007 and Policies 38, 39 and 40 of the City Plan 2019 – 2040: Intend to Adopt version (March 2021).  (R26BE)

 

 

4 You must apply to us for approval of details of the following parts of the development: photographs of stone sample taken on site. You must not start any work on these parts of the development until we have approved what you have sent us.

 

You must then carry out the work according to these details.  (C26DB)

 

Reason:

To make sure that the appearance of the building is suitable and that it contributes to the character and appearance of this part of the Trafalgar Square Conservation Area.  This is as set out in S25 and S28 of Westminster's City Plan (November 2016), DES 1 and DES 5 or DES 6 or both and paras 10.108 to 10.128 of our Unitary Development Plan that we adopted in January 2007 and Policies 38, 39 and 40 of the City Plan 2019 – 2040: Intend to Adopt version (March 2021).  (R26BE)

 

 

5 Pre-Commencement Condition.

(a)  You must apply to us for approval of a written scheme of investigation for a programme of archaeological work. This must include details of the suitably qualified person or organisation that will carry out the archaeological work. You must not start work until we have approved in writing what you have sent us.

 

(b)  You must then carry out the archaeological work and development according to this approved scheme. You must produce a written report of the investigation and findings, showing that you have carried out the archaeological work and development according to the approved scheme. You must send copies of the written report of the investigation and findings to us, and to the Greater London Sites and Monuments Record, Greater London Archaeological Advisory Service, Historic England, 4th floor, Cannon Bridge House, 25 Dowgate Hill, London EC4R 2YA. 

 

(c)  You must not use any part of the new building until we have confirmed in writing that you have carried out the archaeological fieldwork and development according to this approved scheme.  (C32BC)

 

Reason:

To protect the archaeological heritage of the City of Westminster as set out in S25 of Westminster's City Plan (November 2016), DES 11 of our Unitary Development Plan that we adopted in January 2007 and Policy 39 of the City Plan 2019 – 2040: Intend to Adopt version (March 2021).

 

Informative(s):

 

1 In dealing with this application the City Council has implemented the requirement in the National Planning Policy Framework to work with the applicant in a positive and proactive way. We have made available detailed advice in the form of our statutory policies in Westminster's City Plan (November 2016), Unitary Development Plan, the City Plan 2019 - 2040: Intend to Adopt version (March 2021), neighbourhood plan (where relevant), supplementary planning documents, planning briefs and other informal written guidance, as well as offering a full pre application advice service, in order to ensure that applicant has been given every opportunity to submit an application which is likely to be considered favourably. In addition, where appropriate, further guidance was offered to the applicant at the validation stage.

 

 

 

Amendments to the reasons for the conditions and the Informative on the draft decision notice of application 20/06530/COLBC in accordance with the new City Plan are shown below, (amendments in bold text below):

 

 

1 The development hereby permitted shall be carried out in accordance with the drawings and other documents listed on this decision letter, and any drawings approved subsequently by the City Council as local planning authority pursuant to any conditions on this decision letter.

 

 

Reason:

For the avoidance of doubt and in the interests of proper planning.

 

 

 

2 All new work to the outside of the building must match existing original work in terms of the choice of materials, method of construction and finished appearance. This applies unless differences are shown on the drawings we have approved or are required by conditions to this permission.  (C26AA)

 

 

Reason:

To protect the special architectural or historic interest of this listed building and to make sure the development contributes to the character and appearance of the Trafalgar Square Conservation Area. This is as set out in S25 and S28 of Westminster's City Plan (November 2016), DES 1, DES 10 (A) and paras 10.108 to 10.146 of our Unitary Development Plan that we adopted in January 2007 and Policies 38,  39 and 40 of the City Plan 2019 – 2040: Intend to Adopt version (March 2021) .

 

 

3 You must apply to us for approval of details of the following parts of the development: photographs of stone sample taken on site. You must not start any work on these parts of the development until we have approved what you have sent us.

You must then carry out the work according to these details.  (C26DB)

 

 

Reason:

To protect the special architectural or historic interest of this listed building and to make sure the development contributes to the character and appearance of the Trafalgar Square Conservation Area. This is as set out in S25 and S28 of Westminster's City Plan (November 2016), DES 1, DES 10 (A) and paras 10.108 to 10.146 of our Unitary Development Plan that we adopted in January 2007 and Policies 38,  39 and 40 of the City Plan 2019 – 2040: Intend to Adopt version (March 2021) .

 

 

Informative(s):

SUMMARY OF REASONS FOR GRANTING CONDITIONAL LISTED BUILDING CONSENT - In reaching the decision to grant listed building consent with conditions, the City Council has had regard to the relevant policies in the National Planning Policy Framework, the London Plan 2021, Westminster's City Plan (November 2016), the City of Westminster Unitary Development Plan adopted January 2007, and the City Plan 2019 - 2040: Intend to Adopt version (March 2021), as well as relevant supplementary planning guidance, representations received and all other material considerations.

 

The City Council decided that the proposed works would not harm the special architectural and historic interest of this listed building.

 

In reaching this decision the following were of particular relevance:

S25 and S28 of Westminster's City Plan and DES 10 including paras 10.130 to 10.146 of the Unitary Development Plan, Policies 38, 39 and 40 of the City Plan 2019 - 2040: Intend to Adopt version (March 2021) and paragraph 2.4 of our Supplementary Planning Guidance: Repairs and Alterations to Listed Buildings.

 

Joel Colman addressed the Committee in objection to the application.

 

RESOLVED UNANINOULSLY:

 

`1.      That conditional listed building consent be granted.

 

2.        That the reasons for granting conditional listed building consent as set out in Informative 1 attached to the draft decision letter be agreed.

 

3.        That  informatives be added i) the applicant continues to work closely with the National Gallery regarding timing of the works ;ii)  and the applicant be requested to work closely with the National Gallery relating to the key access to the collapsible bollards with these discussions helping to inform discussions with the emergency services.

Supporting documents: