Agenda item

Southside, 105 Victoria Street, London SW1E 6QT

Minutes:

Demolition of existing building, extension of existing basement and erection of a new building of ground, mezzanine, plus up to fourteen-storeys with terraces at tenth to fourteenth floor level, comprising office accommodation; flexible retail, restaurant, bar, community and leisure uses; internal pedestrian route with 'Village Square', plant at main roof level; servicing, cycle parking and highways, landscaping and associated works.

 

An additional representation was received from DP9 (21.04.21)

 

Late representations were received from Cathedral Area Residents Group (25.04.21), WCC Public Protection and Licensing Environmental Science (27.04.21), WCC Planning Service meeting notes dated 29.5.2020 and The Queen Anne’s Gate Residents’ Association (26.04.21).

 

The presenting officer tabled the following notification regarding the Council’s adoption of the new City Plan and amendments to Conditions.

 

PLANNING APPLICATIONS SUB-COMMITTEE – 27 April 2021

 

Item 1: Southside, 105 Victoria Street

 

Since the Sub-Committee reports were published, the new City Plan 2019 - 2040 was adopted at Full Council on 21 April 2021. Therefore, in accordance with s.38 of the Planning and Compulsory Purchase Act 2004, it comprises the development plan for Westminster in combination with the London Plan adopted in March 2021 and, where relevant, neighbourhood plans covering specific parts of the city. As set out in s.38(6) of the Planning and Compulsory Purchase Act 2004 and paragraph 49 of the NPPF, the application must be determined in accordance with the development plan, unless material considerations indicate otherwise.

 

The new City Plan 2019-2040 has replaced the Unitary Development Plan 2007 and 2016 City Plan, and as a result the reasons for conditions/reasons for refusal have been updated in the attached draft decision notice to reflect the adoption of the City Plan.

 

The wording of conditions 6, 7 and 8 have also been slightly amended.

 

Recommended Condition(s) and Reason(s)

 

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: 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. You must carry out piling, excavation and demolition work only:between 08.00 and 18.00 Monday to Friday; and 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 1974section 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 Policies 7 and 33 of the City Plan 2019 - 2040 (April 2021).  (R11AD)

 

3.         Pre Commencement Condition. Prior to the commencement of any:, (a)         Demolition, and/or, (b) Earthworks/piling and/or (c) Construction On site you        must apply to us for our written approval of evidence to demonstrate that      any      implementation of the scheme hereby approved, by the applicant or any      other party, will be bound by the council's Code of Construction Practice.            Such evidence must take the form of the relevant completed Appendix A          checklist from the Code of Construction Practice, signed by the applicant and             approved by the Council's Environmental Sciences Team, which constitutes     an agreement to comply with the Code of Construction Practice and      requirements contained therein. Commencement of the relevant stage of         demolition, earthworks/piling or construction cannot take place until the City      Council as local planning authority has issued its written approval through             submission of details prior to each stage of commencement. (C11CD)

 

            Reason: To protect the environment of neighbouring occupiers. This is as set           out in Policies 7 and 33 of the City Plan 2019 - 2040 (April 2021).  (R11AD)

 

4.         You are required to comply with the Council's Code of Construction Practice             referred to in condition 3 by including specific provisions as part of the site             environmental management plan or construction management plan to secure      the following:, - A construction logistics plan.

 

            Reason: To protect the environment of neighbouring occupiers. This is as set           out in Policies 7 and 33 of the City Plan 2019 - 2040 (April 2021).  (R11AD)

 

5.         You must apply to us for approval of samples of the facing materials you will         use for the new building, including glazing, and elevations and roof plans       annotated to show where the materials are to be located.  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 using the approved materials.

 

            Reason: To make sure that the appearance of the building is suitable and that             it contributes to the character and appearance of the area. This is as set out     in Policies 38 and 40 of the City Plan 2019 - 2040 (April 2021).  (R26AE)

 

6.         You must apply to us for approval of 3m x 3m fabricated sample panels of the   following parts of the building: i)typical facade bays for the principal wall   types: Wall Type 1, Wall Type 2 and Wall Type 3. The sample(s) should             demonstrate the colour, texture, face bond, pointing, component interfaces            and means of construction (including any typical expansion/movement joints). You must not start any work on the superstructure of the development until       we have approved the sample panels. You must then carry out the work             according to these approved sample(s).

 

            Reason: To make sure that the appearance of the building is suitable and that             it contributes to the character and appearance of the area. This is as set out     in Policies 38 and 40 of the City Plan 2019 - 2040 (April 2021).  (R26AE)

 

7.         The following design features must be retained through the design    development process:, i) Provision for natural ventilation at façade; ii)        400mm reveal depth to facades to Wall Types 1, 2 and 3; iii) use of terracotta   as the primary facing material; iv) profiled stepping to reveal elements of the            lighter terracotta cladding, v) profiled coffering and embellishment to the   ceiling of colonnade structure and ground floor 'village square' area.

 

            Reason: To make sure that the appearance of the building is suitable and that             it contributes to the character and appearance of the area. This is as set out     in Policies 38 and 40 of the City Plan 2019 - 2040 (April 2021).  (R26AE)

 

8.         You must apply to us for approval of full details of the following parts of the     new building:  i) typical window types; ii) typical external door types; iii)           typical cills and reveals; iv) location and size of movement joints; v) step             backs in façade; vi) interfaces with windows/glazing; vii) interfaces with landscaping; viii) ventilation and other services terminations at façade and      roof; ix) railings and/or balustrades; x) integral lighting, xi) shopfronts,             including indicative locations and design principles for display of all signage;   xii) location and appearance of CCTV cameras; xiii) the entrance screens        which can close off the 'village square' from Victoria Street and Howick Place, including means of operation; xiv) the retail kiosks within the 'village square'           and how the opening screens operate. 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 approved drawings.

 

Reason: To make sure that the appearance of the building is suitable and that             it contributes to the character and appearance of the area. This is as set out     in Policies 38 and 40 of the City Plan 2019 - 2040 (April 2021).  (R26AE)

 

9.         The building maintenance unit(s) shall be positioned in the parked and hidden position at all times when not in use.

 

            Reason: To make sure that the appearance of the building is suitable and that             it contributes to the character and appearance of the area. This is as set out     in Policies 38 and 40 of the City Plan 2019 - 2040 (April 2021).  (R26AE)

 

10.       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.  

 

            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 Policy 43(E) of            the City Plan 2019 - 2040 (April 2021).  (R37AC)

 

11.       You must not put structures such as canopies, fences, loggias, trellises or             satellite or radio antennae on the roof terrace.  (C26NA)

 

            Reason: To make sure that the appearance of the building is suitable and that             it contributes to the character and appearance of the area. This is as set out     in Policies 38 and 40 of the City Plan 2019 - 2040 (April 2021).  (R26AE)

 

12.       No more than 4,193 sqm (GIA) of floorspace shall be used flexibly within             Classes A1, A2, A3, A4, D1, D2 or sui generis with the following individual   limitations:, a) A minimum of either 6 units or 160sqm (GIA) shall be used as          retail within Class A1 at any one time. b). The maximum size of any one unit             shall be no more than 1258sqm (GIA).

 

Reason: To make sure that the development is completed and used as agreed, and to make sure that it meets Policy 14, 16 and 17 of The City Plan 2019-2040 (April 2021)

 

13.       Customers shall not be permitted within the flexible units before 07.00 or after             00.30 each day.  (C12AD)

 

            Reason: To protect the environment of people in neighbouring properties as             set out in Policies 7, 16 and 33 of the City Plan 2019 - 2040 (April 2021).     (R12AD)

 

14.       You must apply to us for approval of an operational management plan (OMP) for each of the flexible units and the Village Square before any of the following uses commence: (i) Restaurant/cafe (Class A3); (ii) Bar (classA4) (iii) Uses within Class D1; (iv) Uses within Class D2; (v) Uses within Sui Generis. Each OMP should include number of staff and customers, hours of operation, membership details (if relevant) and show how you will prevent customers who are leaving the building from causing nuisance for people in the area, including people who live in nearby buildings. You must not occupy any of the above uses until we have approved what you have sent us. You must then carry out the measures included in the management plan at all times that these uses are in place. Should any of the uses change anew OMP will be required to be submitted and approved by us and the       measures carried out at all times that the use is in place. (C05JB)

 

            Reason: To make sure that the uses will not cause nuisance for people in the area. This is as set out in Policy 14, 16 and 17 of The City Plan 2019-2040       (April 2021).

 

15.       You must apply to us for approval of a Servicing Management Plan prior to occupation of the development. The plan should identify process, internal         storage locations, scheduling of deliveries and staffing. All servicing must take        place between 0800 and 2000. You must not commence any of the uses until             we have approved what you have sent us.  The Servicing Management Plan       must thereafter be maintained and followed by the occupants for the life of the    development, unless otherwise agreed in writing by the local planning          authority.

 

            Reason: To avoid blocking the surrounding streets and to protect the             environment of people in neighbouring properties as set out in Policy 29 of   the City Plan 2019 - 2040 (April 2021).  (R23AD)

 

16.       No music shall be played such as to be audible outside the premises to the   nearest noise sensitive, residential receptor.

 

Reason: To protect the environment of people in neighbouring properties, as            set out in Policies 7 and 33 of the City Plan 2019 - 2040 (April 2021).       (R13BD)

 

17.       (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;, (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: Because existing external ambient noise levels exceed WHO    Guideline Levels, and as set out in Policies 7 and 33 of the City Plan 2019 -          2040 (April 2021) and the draft Noise Technical Guidance Note (November             2019), so that the noise environment of people in noise sensitive receptors is             protected, including the intrusiveness of tonal and impulsive sounds, and 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.  (R46AC)

 

18.       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 and to prevent adverse effects as a result of   vibration on the noise environment in accordance with Policies 7 and 33 of         the City Plan 2019 - 2040 (April 2021) and the draft Noise Technical        Guidance Note (November 2019). (R48AB)

 

19.       You must apply to us for approval of details of the ventilation system to get rid      of cooking smells, for any restaurant (class A3) uses or other uses which    contain a commercial kitchen, including details of how it will be built and how     it will look. You must not begin any restaurant uses allowed by this permission   until we have approved what you have sent us and you have carried out the         work according to the approved details. (C14AB)

 

            Reason: To protect the environment of people in neighbouring properties as             set out in Policy 38 and 33 of the City Plan 2019-2040 (April 2020). (R14AC)

 

20.       You must apply to us for approval of detailed drawings of the design,         construction and insulation of the whole ventilation system and any      associated equipment. You must not start on these parts of the work until we     have approved what you have sent us. You must then carry out the work       according to the approved drawings. You must not change it without our             permission. (C13BB)

 

            Reason: To protect the environment of people in neighbouring properties, as            set out in Policies 7 and 33 of the City Plan 2019 - 2040 (April 2021).       (R13BD)

 

21.       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) 17 of this permission. You must not start work on   this part of the development until we have approved what you have sent us.

 

            Reason: As set out in Policies 7 and 33 of the City Plan 2019 - 2040 (April         2021) and the draft Noise Technical Guidance Note (November 2019), so that       the noise environment of people in noise sensitive receptors is protected,            including the intrusiveness of tonal and impulsive sounds, and by contributing            to reducing excessive ambient noise levels. (R51BC)

 

22.       (1) Where noise emitted from the proposed internal activity in the          development will not contain tones or will not be intermittent, the 'A' weighted          sound pressure level from the internal activity within the flexible use 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 permitted hours of use. The activity-specific noise level             should be expressed as LAeqTm,, and shall be representative of the activity             operating at its noisiest., , (2) Where noise emitted from the proposed internal    activity in the development will contain tones or will be intermittent, the 'A'      weighted sound pressure level from the internal activity within the flexible use      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 permitted hours of use. The activity-specific noise level should be expressed as LAeqTm, and shall be representative of the             activity operating at its noisiest., , (3) Following completion of the    development, 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 including a proposed fixed noise level for approval by the           City Council. Your submission of a noise report must include:, (a) The location    of most affected noise sensitive receptor location and the most affected             window of it;, (b) Distances between the application premises and receptor     location/s and any mitigating features that may attenuate the sound level           received at the most affected receptor location;, (c) Measurements of existing            LA90, 15 mins levels recorded one metre outside and in front of the window             referred to in (a) above (or a suitable representative position), at times when             background noise is at its lowest during the permitted hours of use. This         acoustic survey to be conducted in conformity to BS 7445 in respect of    measurement methodology and procedures;, (d) The lowest existing LA90, 15             mins measurement recorded under (c) above;, (e) Measurement evidence    and any calculations demonstrating that the activity complies with the        planning condition;, (f)  The proposed maximum noise level to be emitted by             the activity.

 

            Reason: Because existing external ambient noise levels exceed WHO    Guideline Levels and as set out in Policies 7 and 33 of the City Plan 2019 -          2040 (April 2021) and the draft Noise Technical Guidance Note (November             2019), so that the noise environment of people in noise sensitive receptors is             protected, including the intrusiveness of tonal and impulsive sounds, and 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. (R47AC)

 

23.       You must apply to us for approval of detailed drawings showing the following             alteration(s) to the scheme:, Measures to be used to prevent overlooking          into      the first floor apartment of 8 Artillery Row from the flexible retail unit (Use            Class A1/A2/A3/D1/D2) at mezzanine level. You must not start any work on the superstructure of the development until we have approved what you have    sent us.  You must then carry out the work according to the approved      drawings and the measures shall be installed prior to occupation of the

            flexible unit at mezzanine level and retained thereafter.

 

            Reason: To protect the privacy and environment of people in neighbouring             properties. This is as set out in Policies 7, 33 and 38 of the City Plan 2019 -       2040 (April 2021).  (R21BD)

 

24.       You must provide the waste store shown on drawing 23747501-STR-HGN-      098-DR-D-70202/P0 before anyone moves into the property. You must clearly         mark it and make it available at all times to everyone using the building. 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 Policies 7 and 37 of the City Plan 2019 - 2040 (April 2021).       (R14BE)

 

25.       No waste should be left or stored on the public highway.

 

            Reason: To protect the environment and provide suitable storage for waste as            set out in Policies 7 and 37 of the City Plan 2019 - 2040 (April 2021).       (R14BE)

 

26.       You must hang all doors or gates so that they do not open over or across the road or pavement.  (C24AA)

 

            Reason: In the interests of public safety and to avoid blocking the road as set            out in Policies 24 and 25 of the City Plan 2019 - 2040 (April 2021).  (R24AD)

 

27.       You must apply to us for approval of details of secure cycle storage for the             whole development (944 spaces - 809 long stay and 135 short stay). You     must not start any work on this part of the development until we have   approved what you have sent us. You must then provide the cycle storage in   line with the approved details prior to occupation. You must not use the cycle            storage for any other purpose.

 

            Reason: To provide cycle parking spaces for people using the development      as set out in Policy 25 of the City Plan 2019-2040 (April 2020) and T6 of the London Plan (2021).

 

28.       You must use the parking, access, loading, unloading and manoeuvring areas             shown on the approved plans only for those purposes.  (C23AA)

 

            Reason: To avoid blocking the surrounding streets and to protect the             environment of people in neighbouring properties as set out in Policy 29 of   the City Plan 2019 - 2040 (April 2021).  (R23AD)

 

29.       No goods, including fuel, delivered or collected by vehicles arriving at or     departing from the building shall be accepted or despatched if unloaded or loaded on the public highway. You may accept or despatch such goods only if   they are unloaded or loaded within the curtilage of the building.  (C23BA)

 

            Reason: To avoid blocking the surrounding streets and to protect the             environment of people in neighbouring properties as set out in Policy 29 of   the City Plan 2019 - 2040 (April 2021).  (R23AD)

 

30.       Before you occupy the building, you must apply to us for approval of a Travel    Plan. The Travel Plan must include details of: (a) A comprehensive survey           of all users of the building; (b) Details of local resident involvement in the   adoption and implementation of the Travel Plan; (c) Targets set in the Plan to     reduce car journeys; (d) Details of how the Travel Plan will be regularly     monitored and amended, if necessary, if targets identified in the Plan are not             being met over a period of 5 years from the date the new development is       occupied. At the end of the first and third years of the life of the Travel Plan,     you must apply to us for approval of reports monitoring the effectiveness of      the Travel Plan and setting out any changes you propose to make to the Plan to overcome any identified problems.

 

Reason: In the interests of public safety, to avoid blocking the surrounding streets and to protect the environment and people in neighbouring properties as set out in T4 of the London Plan (2021) and Policy 24 of the City Plan 2019-2040 (April 2020).,

 

31.       You must carry out the measures included in the Fire Statement Rev 03 by         SWECO dated 10 March 2021 and you must not change it without our      permission.,

 

            Reason: All developments must achieve the highest standards of fire safety    as set out in Policies D5 and D12 of the London Plan (2021)

 

32.       The development shall achieve a BREEAM rating of 'Excellent' (New Construction 2018 'shell and core' or any such national measure of sustainability that replaces that scheme of the same standard) and 'Very Good' rating for the retail areas. A post construction certificate confirming       this standard under BREEAM has been achieved must be issued by the Building Research Establishment, and submitted for approval by the Local Planning Authority within 6 months of completion on site.

 

Reason: To make sure that the development provides the environmental sustainability features included in your application as set out in Policies 36 and 38 of the City Plan 2019 - 2040 (April 2021).  (R44AD)

 

33.       You must provide the following environmental sustainability features             (environmentally friendly features) as set out in your Energy and           Sustainability Statement by SWECO dated August 2020 before you start to      use any part of the development.  You must not remove any of these    features. (C44AA)

 

            Reason: To make sure that the development provides the environmental             sustainability features included in your application as set out in Policies 36   and 38 of the City Plan 2019 - 2040 (April 2021).  (R44AD)

 

34.       You must apply to us for approval of detailed drawings of a hard and soft landscaping scheme which includes the number, size, species and position of            trees and shrubs. You must not start work on the relevant part of the             development until we have approved what you have sent us. You must then       carry out the landscaping and planting within one planting season of        completing the development (or within any other time limit we agree to in             writing). If you remove any trees or find that they are dying, severely damaged or diseased within three years of planting them, you must replace   them with trees of a similar size and species.  (C30CB)

 

            Reason: To improve the appearance of the development and its contribution to biodiversity and the local environment, as set out in Policy 34 of the City            Plan 2019 - 2040 (April 2021).  (R30AD)

 

35.       You must provide details of the soil within the planters on terraces, including plan and section drawings showing the soil depth across each area and the drainage layer and confirming total soil volumes in each area. You must include a specification for the soil in these areas and a methodology for importing and laying the soil. You must not start work on this part of the development until we have approved what you have sent us. You must then carry out the work according to the submitted details.

 

            Reason: To improve the appearance of the development and its contribution to biodiversity and the local environment, as set out in Policy 34 of the City            Plan 2019-2040 (April 2020).

 

36.       You must apply to us for approval of a management plan including details of             biodiversity features, for all areas of soft landscaping, including the terrace      planting and street level planters. You must not occupy the development   until we have approved what you have sent us. You must carry out this work             according to the approved details and thereafter retain and maintain these features in accordance with the approved management plan.

 

            Reason: To improve the appearance of the development and its contribution to biodiversity and the local environment, as set out in Policy 34 of the City            Plan 2019-2040 (April 2020).

 

Alexander Morris addressed the Sub-Committee in support of the application.

 

Ruth Duston addressed the Sub-Committee in support of the application.

 

RESOLVED

 

(FOR Councillors Robert Rigby, Mark Shearer and Susie Burbridge: AGAINST Councillor Tim Roca)

 

That conditional permission as amended and set out above be granted subject to the views of the Mayor and the completion of a S106 legal agreement to secure:

 

i.          the provision of 500 sq. m of affordable workspace to be provided at 50% of the market rate and 50% service charge, for a 15 year period.

ii.          Community use strategy for the multi-purpose activity space at basement level and the ‘urban farm’ on the fourteenth floor terrace, to be provided to  local community groups and local schools in perpetuity and free of charge.

iii.         A Walkways Agreement to secure access for the public at ground floor level      across the site.

iv.        Employment and Skills Plan including operational phase employment targets          and a Financial Contribution of £821,891.67 to support the Westminster        Employment Service (index linked and payable on commencement of      development).

v.         Highway works to Victoria Street, Artillery Row, Howick Place and Wilcox          Place including changes to on-street traffic orders; changes to on-street   parking bays and parking regulations; vehicular crossover into servicing bay;     making part of Howick Place two-way; revised informal pedestrian crossing on Victoria Street; redesign of bus stop on Victoria Street; renewed footways;      tree planting and provision of short-stay cycle parking and associated works             (legal, administrative and physical).

vi.        Carbon offset payment (index linked and payable on commencement of             development) (amount TBC subject to submission of final Energy Strategy).

vii.        Monitoring costs.

 

2.         That Committee authorises the making of a draft order pursuant to s247 of        the Town and Country Planning Act 1990 for the stopping up of parts of the         public highway and the dedication of new public highway to enable this             development to take place.

 

            That the Director of City Highways, Executive Director of Environment and          City Management or other such proper officer of the City Council responsible         for highway functions, be authorised to take all necessary procedural steps in     conjunction with the making of the orders and to make the orders as             proposed if there are no unresolved objections to the draft orders.

 

3.         If the legal agreement has not been completed within six weeks of the date of      the Committee resolution, then:

 

            a) The Director of Place Shaping and Town Planning shall consider whether          the permission can be issued with additional conditions attached to secure            the benefits listed above. If this is possible and appropriate, the Director of             Place Shaping and Town Planning is authorised to determine and issue such    a decision under Delegated Powers; however, if not

 

            b) The Director of Place Shaping and Town Planning shall consider whether             permission should be refused on the grounds that it has not proved possible         to complete an agreement within the appropriate timescale, and that the           proposals are unacceptable in the absence of the benefits that would have      been secured; if so, the Director of Place Shaping and Town Planning is             authorised to determine the application and agree appropriate reasons for     refusal under Delegated Powers.

 

4.         That in respect of the affordable workspace the 500 sq. m recently offered by the applicant was preferred and that a 15 years lease period and not 10 years was preferred and that details of the Community Use Agreement should be reserved by condition and legal agreement to ensure meaningful use for the local community groups and schools.

 

5.         That an additional condition to reserve the detailed design of the Village Square, gating at night, CCTV /lighting management and security of this

            area and designing out crime. The approval of details application for this area   when submitted to be reported to Committee given Members’ concerns raised     at committee in respect of ASB.

 

6.         That Officers ensure that conditions are robust to ensure that building             meets the highest sustainable features possible and achieve carbon neutral             within specified time period. Officers to look at the wording of this also             subject to Stage 2 with the GLA. 

 

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