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Agenda item

Ground Floor 31 Moscow Road London W2 4AH

Minutes:

Installation of full height extract duct to rear elevation.

 

The presenting officer tabled the following amendments:

 

Drafting Error:

At the end of the penultimate paragraph of the Townscape & Design section of the report (part8.2) the following sentence was omitted in error:

 

Whilst the proposal will result in a low level of less than significant harm to building and its immediate setting, in considering the impact on the conservation area as a whole, the character and appearance will be preserved

 

City Plan Update:

 

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 20192040 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

 

32: Air quality

 

33: Local environmental effects

 

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:

 

 

 

 

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).

 

 

 

 

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 Bayswater 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).

 

 

 

 

4

 

Notwithstanding the details shown on the approved drawings, you must paint the duct to match the colour of the wall it is attached to and it must be maintained and retained as such thereafter.

 

 

 

 

 

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 Bayswater 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).

 

 

 

 

5

 

(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 5 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 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.

 

(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;

(c) Manufacturer specifications of sound emissions in octave or third octave detail;

(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 background noise 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:

As set out in ENV 6 (1), (6) and (8) and ENV 7 (A)(2) of our Unitary Development Plan that we adopted in January 2007 (UDP), 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.

 

 

 

 

6

 

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).

 

 

 

 

7

 

The plant/machinery hereby permitted shall not be operated except between 07:00 hours and 23:00 hours daily.

 

 

 

 

 

Reason:

As set out in ENV 6 (1), (6) and (8) and ENV 7 (A)(2) of our Unitary Development Plan that we adopted in January 2007 (UDP), 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.

 

 

 

 

8

 

Before the plant hereby approved is first used, you must carry out the noise control measures specified in section 6.0 and Appendix C of Planning Compliance Report for 31 Moscow Road London by KP Acoustics Ltd ref: 21026.PCR.01 dated 17th July 2020. The plant shall be maintained and retained as such throughout the lifetime of the development.

 

 

 

 

 

Reason:

As set out in ENV 6 (1), (6) and (8) and ENV 7 (A)(2) of our Unitary Development Plan that we adopted in January 2007 (UDP), 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.

 

 

Reason for Granting Permission

 

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.

 

Demetrious Tringus and Andy Christou both addressed the Committee in objecting to the application.

 

RESOLVED UNANIMOULSY:

 

That conditional permission be granted, subject to changes to reasons for conditions as tabled . Members imposed

a)    An additional condition requiring the applicant to provide detailed drawings showing the method of the fixing of the duct and how this relates to the existing decorative coving: and

a)    An additional informative to advise the applicant of the need to address the relocation of existing satellite dishes on the rear elevation.

Supporting documents: