Agenda item - Development Site At 8 Chesterfield Hill London W1J 5BW

Development Site At 8 Chesterfield Hill London W1J 5BW

Meeting of Planning Applications Sub-Committee (3), Tuesday 30th March, 2021 6.30 pm (Item 3.)

Minutes:

Variation of conditions 1, 2, 3, and 15 of planning permission dated 10 August 2016 (RN: 16/00807/FULL), which itself varied condition 1 of planning permission dated 14 January 2014 (RN: 13/10660), for 'Demolition of building and erection of replacement four storey building (plus lower ground floor level) containing 5x3 bedroom flats (Class C3) and installation of plant and terrace at roof level - NAMELY, to allow the reconfiguration of internal layout to alter the mix of residential units, alterations to the fenestration and roof, and associated works (S73 application).

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

8: Housing delivery

10: Housing for specific groups (This policy normally requires 25% of all new housing units to be family sized)

25: Walking and cycling

27: Parking

32: Air quality

33: Local environmental effects

34: Green infrastructure

37: Waste management

38: Design principles

39: Westminster’s heritage

40: Townscape and architecture

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

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, (amendments in bold text below) – including additional condition 18, to protect the family sized units:

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 The development must be carried out using the details of facing materials approved by the City Council on 10 April 2018 under reference 18/01193/ADFULL or in accordance with alternative samples of facing materials, including glazing, and elevations and roof plans annotated to show where the materials are to be located submitted to and approved by the City Council as local planning authority.

You must not start any work on these parts of the development until we have approved any alternative samples of facing materials that you have sent us. You must then carry out the work using the approved materials. (C26BC)

Reason:

(R26DD)

3 You must carry out the development in accordance with the details of:

i) External doors,

ii) windows and railings (part),

approved by the City Council on 23 November 2018 under reference 18/09597/ADFULL, as amended by email dated 8 February 2021 from Philips Planning (confirming that the door to the cycle/refuse store will be formed in timber);

ii) dormer windows and railings (part),

iii) railings,

iv) string courses, moulded/rubbed brickwork, and carved stone,

approved by the City Council on 22 January 2019 under reference 18/10563/ADFULL or in accordance with alternative details of

i) external doors,

ii) windows and dormers,

iii) railings,

iv) string courses, moulded/rubbed stonework, and carved stone

submitted to and approved by the City Council as local planning authority. You must not start any work on these parts of the development until we have approved any alternative details that you have sent us. You must then carry out the work according to these approved details. (C26DB)

Reason:

4 The development (demolition and construction) shall be undertaken in accordance with the details (Unilateral Undertaking that redevelopment is carried out as a continuous process post-demolition) approved by the City Council on 6 July 2016 under reference 15/11589/ADFULL or in accordance with either

(a) an alternative construction contract with the builder to complete the redevelopment work for which we have given planning permission , or

(b) another alternative means of ensuring we are satisfied that demolition and redevelopment will only occur as part of a continuous process.

You must only carry out the demolition and development according to the approved arrangements. (C29AC)

Reason:

To maintain the character of the Mayfair Conservation Area as set out in S25 and S28 of Westminster's City Plan (November 2016), DES 1 and DES 9 (B) of our Unitary Development Plan that we adopted in January 2007, Policies 38 and 39 of the City Plan 2019 - 2040: Intend to Adopt version (March 2021) and Section 74(3) of the Planning (Listed Buildings and Conservation Areas) Act 1990. (R29AC)

5 You must not carry out demolition work unless it is part of the complete development of the site. You must carry out the demolition and development without interruption and according to the drawings we have approved. (C29BB)

Reason:

6 You must carry out any building work which can be heard at the boundary of the site only:

* between 08.00 and 18.00 Monday to Friday;

* between 08.00 and 13.00 on Saturday; and

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

Noisy work must not take place outside these hours. (C11AA)

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)

7 You must provide the waste store shown on drawing 15027 C645_P_00_001 before anyone moves into the property. You must clearly mark it and make it available at all times to everyone using the flats. You must store waste inside the property and only put it outside just before it is going to be collected. You must not use the waste store for any other purpose. (C14DC)

Reason:

To protect the environment and provide suitable storage for waste as set out in S44 of Westminster's City Plan (November 2016), ENV 12 of our Unitary Development Plan that we adopted in January 2007 and Policies 7 and 37 of the City Plan 2019 - 2040: Intend to Adopt version (March 2021). (R14BD)

8 You must provide each cycle parking space shown on the approved drawings prior to occupation. Thereafter the cycle spaces must be retained, and the space used for no other purpose without the prior written consent of the local planning authority.

Reason:

To provide parking spaces for people using the development as set out in Policy 27 of the City Plan 2019 - 2040: Intend to Adopt version (March 2021). (R22AB)

9 (1) Where noise emitted from the proposed plant and machinery will not contain tones or will not be intermittent, the 'A' weighted sound pressure level from the plant and machinery (including non-emergency auxiliary plant and generators) hereby permitted, when operating at its noisiest, shall not at any time exceed a value of 10 dB below the minimum external background noise, at a point 1 metre outside any window of any residential and other noise sensitive property, unless and until a fixed maximum noise level is approved by the City Council. The background level should be expressed in terms of the lowest LA90, 15 mins during the proposed hours of operation. The plant-specific noise level should be expressed as LAeqTm, and shall be representative of the plant operating at its maximum.

(2) Where noise emitted from the proposed plant and machinery will contain tones or will be intermittent, the 'A' weighted sound pressure level from the plant and machinery (including non-emergency auxiliary plant and generators) hereby permitted, when operating at its noisiest, shall not at any time exceed a value of 15 dB below the minimum external background noise, at a point 1 metre outside any window of any residential and other noise sensitive property, unless and until a fixed maximum noise level is approved by the City Council. The background level should be expressed in terms of the lowest LA90, 15 mins during the proposed hours of operation. The plant-specific noise level should be expressed as LAeqTm, and shall be representative of the plant operating at its maximum.

(3) Following installation of the plant and equipment, you may apply in writing to the City Council for a fixed maximum noise level to be approved. This is to be done by submitting a further noise report confirming previous details and subsequent measurement data of the installed plant, including a proposed fixed noise level for approval by the City Council. Your submission of a noise report must include:

(a) A schedule of all plant and equipment that formed part of this application.

(b) Locations of the plant and machinery and associated: ducting; attenuation and damping equipment.

(d) The location of most affected noise sensitive receptor location and the most affected window of it.

(e) Distances between plant & equipment and receptor location/s and any mitigating features that may attenuate the sound level received at the most affected receptor location;

(f) Measurements of existing LA90, 15 mins levels recorded one metre outside and in front of the window referred to in (d) above (or a suitable representative position), at times when backgroundnoise is at its lowest during hours when the plant and equipment will operate. This acoustic survey to be conducted in conformity to BS 7445 in respect of measurement methodology and procedures;

(g) The lowest existing L A90, 15 mins measurement recorded under (f) above;

(h) Measurement evidence and any calculations demonstrating that plant and equipment complies with the planning condition;

(i) The proposed maximum noise level to be emitted by the plant and equipment.

Reason:

Because existing external ambient noise levels exceed WHO Guideline Levels, and as set out in ENV 6 (1), (6) and (8) and ENV 7 (A)(1) of our Unitary Development Plan that we adopted in January 2007, so that the noise environment of people in noise sensitive properties is protected, including the intrusiveness of tonal and impulsive sounds; and as set out in S32 of Westminster's City Plan (November 2016) and Policy 33 of the City Plan 2019 - 2040: Intend to Adopt version (March 2021), by contributing to reducing excessive ambient noise levels. Part (3) is included so that applicants may ask subsequently for a fixed maximum noise level to be approved in case ambient noise levels reduce at any time after implementation of the planning permission. (R46AB)

10 No vibration shall be transmitted to adjoining or other premises and structures through the building structure and fabric of this development as to cause a vibration dose value of greater than 0.4m/s (1.75) 16 hour day-time nor 0.26 m/s (1.75) 8 hour night-time as defined by BS 6472 (2008) in any part of a residential and other noise sensitive property.

Reason:

To ensure that the development is designed to prevent structural transmission of noise or vibration as set out in ENV6 (2) and (6) of our Unitary Development Plan that we adopted in January 2007 and to prevent adverse effects as a result of vibration on the noise environment in accordance with Policy 33 of the City Plan 2019 - 2040: Intend to Adopt version (March 2021). (R48AA)

11 You must carry out the development accordance with the Construction Management Plan approved on 24 February 2016 under reference 15/11591/ADFULL or the Construction Management Plan approved on 22 April 2016 under reference 16/02425/ADFULL or in accordance with a new a Construction Management Plan for the proposed development which has been submitted to and approved in writing by the City Council as local planning authority prior to the commencement of works, including any works of demolition. The plan must include the following details (where appropriate):

(i) a construction programme including a 24 hour emergency contact number;

(ii) parking of vehicles of site operatives and visitors (including measures taken to ensure satisfactory access and movement for existing occupiers of neighbouring properties during construction);

(iii) locations for loading/unloading and storage of plant and materials used in constructing the development;

(iv) erection and maintenance of security hoardings (including decorative displays and facilities for public viewing, where appropriate);

(v) wheel washing facilities and measures to control the emission of dust and dirt during construction; and

(vi) a scheme for recycling/disposing of waste resulting from demolition and construction works.

You must not start work until we have approved what you have sent us. You must then carry out the development in accordance with the approved details.

Reason:

To protect the environment of residents and the area generally as set out in S29 and S32 of Westminster's City Plan (November 2016) and STRA 25, ENV 5 and ENV 6 of our Unitary Development Plan that we adopted in January 2007 and policies 7, 32 and 33 of the City Plan 2019 - 2040: Intend to Adopt version (March 2021).

[includes policy S32 of the City Plan (November 2016) which was previously omitted in error and omits policy TRANS 23 of the UDP which was previously included in error.]

12 You must apply to us for approval of details of a supplementary acoustic report demonstrating that the plant will comply with the Council's noise criteria as set out in Condition(s) 9 of this permission. You must not start work on this part of the development until we have approved what you have sent us.

Reason:

13 The design and structure of the development shall be of such a standard that it will protect residents within it from existing external noise so that they are not exposed to levels indoors of more than 35 dB LAeq 16 hrs daytime and of more than 30 dB LAeq 8 hrs in bedrooms at night.

Reason:

To ensure that design, structure and acoustic insulation of the development will provide sufficient protection for residents of the development from the intrusion of external noise as set out in ENV6 (4) and paragraphs 9.84 to 9.87of our Unitary Development Plan that we adopted in January 2007 and Policy 33 of the City Plan 2019 - 2040: Intend to Adopt version (March 2021). (R49AA)

14 The door and screen to the refuse store (Farm Street frontage) shall be formed in solid timber.

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 Mayfair Conservation Area. This is as set out in S25 and S28 of Westminster's City Plan (July 2016); DES 1, DES 4 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) and as set out in ENV6 of our Unitary Development Plan that we adopted in January 2007, and the related Policy Application at section 9.76, S32 of Westminster's City Plan (July 2016) and policies 7 and 33 of the City Plan 2019 - 2040: Intend to Adopt version (March 2021) in order to ensure that design, structure and acoustic insulation of the development will provide sufficient protection for residents of the same or adjoining buildings from noise and vibration from elsewhere in the development.

[Now includes policy S32 of the City Plan (November 2016) which was previously omitted in error.]

15 The development must be carried out in accordance with the details, including a biodiversity management plan, approved by the City Council on 28 January 2019 under reference 19/00403/ADFULL or in accordance with alternative detailed drawings and a bio-diversity management plan in relation to the green/living roof, to include construction method, layout, species and maintenance regime.

You must not commence works on the relevant part of the development until we have approved any alternative details that you have sent us. You must carry out this work according to the approved details and thereafter retain and maintain the green/living roof in accordance with the approved management plan.

Reason:

To protect and increase the biodiversity of the environment, as set out in S38 of Westminster's City Plan (November 2016) and ENV 17 of our Unitary Development Plan that we adopted in January 2007 and Policy 34 of the City Plan 2019 - 2040: Intend to Adopt version (March 2021). (R43CB).

16 The area of flat roof outside the third-floor bathroom, as shown on drawing 204-PL2, shall not be used for sitting out and shall only be accessed for maintenance purposes or as a means of escape.

Reason:

To protect the privacy and environment of people in neighbouring properties, as set out in S29 of Westminster's City Plan (November 2016), ENV 13 of our Unitary Development Plan that we adopted in January 2007 and Policies 7 and 38 of the City Plan 2019 - 2040: Intend to Adopt version (March 2021). (R21AC)

17 The glass that you put in the automatic opening vent (AOV) at third floor level in the east elevation must not be clear glass, and you must fix it permanently shut (except in an emergency). You must apply to us for approval of details, either a sample of the glass (at least 300mm square) or photographs demonstrating how obscure the glass is. You must not occupy any of the flats until we have approved the details. You must then fit the type of glass we have approved and must not change it without our permission. (C21DB)

Reason:

18 The three-bedroom residential units shown on the approved drawings must be provided and thereafter shall be permanently retained as accommodation which (in addition to the living space) provides three separate rooms capable of being occupied as bedrooms. (C07EB)

Reason:

To protect family accommodation as set out in S15 of Westminster's City Plan (November 2016), H 5 of our Unitary Development Plan that we adopted in January 2007 and Policy 8 of the City Plan 2019 – 2040: Intend to Adopt version (March 2021). (R07DC)

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.

RESOLVED UNANIMOULSY:

That conditional permission be grated, subject to the changes to reasons for conditions /informatives as set out above.

Supporting documents:

ITEM 3 - DEVELOPMENT SITE AT 8, CHESTERFIELD HILL, LONDON, W1J 5BE, item 3. PDF 571 KB