Agenda item

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             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).

4          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 (April 2021).

5          You must hang all doors or gates so that they do not open over or across the road or             pavement unless in the event of an emergency and for means of escape.  (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).  (R24AC)

6          You must submit a Servicing Management Plan for the City Council's approval prior to             the occupation of the retail and office accommodation hereby approved. The plan should             identify process, internal storage locations, scheduling of deliveries and staffing. The             approved Servicing Management Plan shall be adhered to thereafter unless an             alternative Servicing Management Plan is submitted to and approved by the City             Council.

            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).  (R23AC)

7          a) You must apply to us for approval of an independent review of the environmental             sustainability features (environmentally friendly features) of the development before you             start any work on the development other than works of demolition. In the case of an             assessment using Building Research Establishment methods (BREEAM), you must             provide a Design Stage Interim BREEAM rating and certificate of assessment showing             that the development is expected to achieve an `excellent' rating in in respect to the             office element of the development under BREEAM UK New Construction 2018. If you             use another method, you must achieve an equally high standard.

            b) You must apply to us for approval of details of a post construction stage report which             demonstrates that the office part of the development meets an "Excellent"             rating under BREEAM UK New Construction 2018. This report shall be submitted           to us within 6 months of the occupation of any part of the building. If you use       another method, you must achieve an equally high standard.

            Reason: To make sure that the development affects the environment as little as             possible, as set out in Policies 36 and 38 of the City Plan 2019 - 2040 (April          2021).

8          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)

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;

            (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/properties 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. (R46ACB)

10        You must not play live or recorded music on terraces hereby approved.

            Reason: To protect neighbouring residents from noise nuisance, as set out in S24, 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).  (R13EC)

11        The terraces hereby approved shall only be used between 0800 and 2200 hours             Monday to Friday only.

            Reason: To protect neighbouring residents from noise and vibration nuisance, as set out in Policies 7 and 33 of the City Plan 2019 - 2040 (April 2021).  (R13AD)

12        You must apply to us for approval of details of a biodiversity management plan in             relation to green walls and planters hereby approved. You must not start any work on             this element until we have approved in writing what you have sent us. You must carry             out the measures in the biodiversity management plan according   to the approved             details before you start to use the building.

            Reason: To reduce the effect the development has on the biodiversity of the             environment, as set out in Policy 34 of the City Plan 2019 - 2040 (April 2021).

13        You must apply to us for approval of details of the blue roofs hereby approved. You             must not start any work on this element until we have approved in writing what you             have sent us. You must then construct the blue roofs according to the approved details             before you start to use the building and retained thereafter. (C43CA)

            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)

14        You must provide the waste store and temporary waste holding area shown on             drawings NBO ORM ZZ B1 DR A 12026 P05 and PNBO ORM ZZ 00 DR A 12016 P08             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.

            Reason: To protect the environment and provide suitable storage for waste and             materials for recycling as set out in Policies 7 and 37 of the City Plan 2019 - 2040 (April             2021).  (R14CD)

15        Pre-Commencement Condition.

            Updated Energy Calculations (and relevant design drawings) shall be provided prior to             the commencement of development to demonstrate that the development will achieve at             least a 36% reduction in regulated carbon dioxide emissions beyond Part L the 2013             Building Regulations. You must provide all the environmental sustainability features             referred to in the review before you start to use any part of the building. You must then             not remove any of these features.

            Reason: To make sure that the development affects the environment as little as             possible, as set out in Policies 36 and 38 of the City Plan 2019 - 2040 (April 2021).             (R44BD)

16        You must put up the acoustic enclosures shown on the approved drawings before you             use the machinery. You must then maintain it in the form shown for as long as the             machinery remains in place.  (C13DA)

            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/properties 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)

17        No piling shall take place until a piling method statement(detailing the depth and   type of             piling to be undertaken and the methodology by which such piling will be carried out,             including measures to prevent and minimise the potential for damage to subsurface             water infrastructure, and the programme for the works) has been submitted to and             approved in writing by the local planning authority in consultation with Thames Water.             Any piling must be undertaken in accordance with the terms of the approved piling             method statement.

            Reason: The proposed works will be in close proximity to underground water utility             infrastructure. Piling has the potential to impact on local underground water utility             infrastructure.

18        Notwithstanding the detail shown on the approved drawings, the windows at sixth floor             level adjacent to No.321-323 Oxford Street must be obscured glazing and you shall             retain this obscure glass in situ thereafter. The window shall also fit fixed permanently             shut.

            Reason: To prevent this window prejudicing the future development potential of    the             neighbouring site.

19        With the exception of the projecting shopfronts hereby approved, any structure over the             highway must maintain 2.6 metres vertical clearance from the footway surface at all             times and not extend closer than 1 metre to the kerb edge; when within 1 metre of the             kerb edge and over carriageway, 5.3 metres vertical clearance must be maintained by             any structure. This includes building overhangs, public art, lighting, signage, awnings             and canopies

            Reason: In the interests of public safety and to ensure that the structures are not hit by             high sided vehicles in accordance with Policies 24 and 25 of the City Plan 2019 - 2040             (April 2021).  (R24CBA)

20        i) With the exception north western room labelled 'Class E Retail', the basement             accommodation as shown on drawing  NBO ORM ZZ B1 DR A 12026 P05 must   be             used solely as ancillary accommodation to the office and retail accommodation in the             remainder of the building and for no other, including any within Class E of the Town and             Country Planning (Use Classes) Order 1987 (as amended September 2020) (or any             equivalent class in any order that may replace it.

            ii) The north western room labelled 'Class E Retail' at basement level, as shown   on             drawing  NBO ORM ZZ B1 DR A 12026 P05, and the ground and first floor units with             frontages along all of the Oxford Street frontage and New Bond Street front (excluding             the New bond Street office entrance and corridor at ground floor level), shown on             drawings NBO ORM ZZ 00 DR A 12016 P08 and NBO ORM ZZ     01 DR A 12017 P06,             must not be used for any other purpose other than for non-food retail purposes,             including any within Class E of the Town and Country Planning (Use Classes) Order             1987 (as amended September 2020) or any equivalent class in any order that may             replace it. The remainder of the ground and first floors accommodation and the             accommodation from second to eight floor must not be used for any other purpose other             than for office  purposes, including any within Class E of the Town and Country Planning             (Use Classes) Order 1987 (as amended September 2020) (or any equivalent class in             any order that may replace it.

            Reason: To ensure that the development is carried out in accordance with the use             sought and assessed, to ensure that the parts of the building are not used for other uses             within Class E that may have different or unacceptable waste storage, servicing,             amenity or transportation requirements and / or impacts, and to secure the benefits of             the proposal to balance harm to the conservation area in accordance with  Policies             16,17, 18, 24, 26, 28, 29 ,25, 32, 33, 34, 37, 38, 39 and 40 of the City Plan 2019 – 2040             (April 2021).

21        You must apply to us for approval of details of the facing materials you will use,             including glazing, and elevations and roof plans annotated to show where the             materials are to be located. You must not start work on the relevant part of the             development until we have approved in writing what you have sent us. You must then             carry out the work using the approved materials.  (C26BD)

            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 Policies 38, 39 and 40 of the City Plan   2019 - 2040 (April             2021).  (R26BF)

22        You must not put any machinery or associated equipment, ducts, tanks, satellite   or             radio aerials on the roof, except those shown on the approved drawings. (C26PA)

            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 Policies 38, 39 and 40 of the City Plan    2019 - 2040 (April             2021). (R26BF).

RESOLVED UNANIMOUSLY:

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

            a. A financial contribution towards employment, training, and skills of £55,648 (index             linked) payable on commencement of development

            b. A financial contribution towards Council's Carbon Off-set Fund of £162,165 (index             linked) payable on commencement of development.

            c. Undertaking of highways works in the vicinity of the site, to enable the   replacement             of pavement lights and the installation of columns. Highway works to be agreed prior to             commencement of development and highway works to be   completed prior to             occupation of any of the building.

            c. Costs of monitoring the S106 agreement.

2          If the S106 legal agreement has not been completed within eight weeks of the date of             this resolution, then:

            a. The Director of Planning shall consider whether it will be possible or appropriate to             issue the permission with additional conditions attached to secure the benefits listed             above. If so, the Director of Planning is authorised to determine and issue the decision             under Delegated Powers; however, if not. 

            b. The Director of Planning shall consider whether the permission should be             refused on the grounds that the proposals are unacceptable in the absence of             benefits which would have been secured; if so, the Director of Planning is authorised to             determine the application and agree appropriate reasons for refusal under Delegated             Powers.

3          That Committee authorises the making of a draft order pursuant to s247 or s248   of the             Town and Country Planning Act 1990 for the stopping up of parts of the public highway.             That the Director of Place Shaping and Planning, Executive Director of City             Management and Communities, 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 order and to make the order as proposed if there             are no unresolved objections to the draft order. The applicant will be required to cover all             costs of the Council in progressing the stopping up order.

4          That an informative to encourage additional greening to Dering Street to be             included.