Agenda item

Redevelopment of the site on a phased basis. Phase 1 - Demolition of 23 garages and former Balmoral Castle Public House. Phase 2 - Erection of a part seven storey, part six storey and part five storey building to provide community supporting housing (Class C3) (Block A). Phase 3 - Demolition of Darwin House. Phase 4 - Erection of part five storey and part four storey building to provide housing (Class C3) (Block B). All together with new public open space, hard and soft landscaping, car parking, cycle parking, plant and other associated works in each phase.

 

Additional representations were received from the Churchill Gardens Residents Association (02.06.21), Protect Churchill Gardens Residents Group (04.06.21) and twelve local residents (02.06.21, 27.05.21, 28.05.21, 31.05.21 and 04.06.21).

 

Late representations were received from Montagu Evans (04.06.21), six local residents (06.06.21 and 07.06.21), the WCC Housing Department (undated), WCC Highways (08.06.21) and Hereward & Co Solicitors (06.06.21).

 

    The presenting officer tabled the following revised and additional conditions:

 

Revised Condition no.26 (Energy)

 

You must provide, maintain and retain the following energy efficiency measures before you start to use any part of the development, as set out in your application. Photovoltaic panels. You must not remove any of these features. 

 

Condition:

The development shall be carried out in accordance with the energy efficiency measures set out in the approved Energy Statement. You must not remove any of these features.

 

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).

 

Revised Condition no. 28: (Bats)

 

Pre Commencement Condition. You must apply to us for approval of details of the action you will take to protect bats in the area around the development. You must not start any work until we have approved in writing what you have sent us (after consulting Natural England). You must carry out these measures according to the approved details before you start to use the building.  (C43EA)

 

Pre Commencement Condition:

No demolition shall take place in respect of the Balmoral Public House and single storey garage blocks ( Phase 1 ) until the results of two bat emergence surveys have been submitted to and approved by the City Council as local planning authority in consultation with Natural England.

 

If the results of these surveys show that no roosting bats are present in these buildings, works can commence on site.

 

If the results show the presence of roosting bats, no demolition works shall take place until the applicant obtains a Licence from Natural England and details of the proposed mitigation measures. A copy of this Licence must be submitted to the City Council before any demolition takes place and the development must be carried out in accordance with this Licence at all times.   

 

Reason:

The submitted ecological report has identified the Balmoral Public House having moderate potential for roosting bats and therefore two emergence surveys are required to demonstrate whether bats are present. Bats are protected under the Wildlife and Countryside Act 1981 ( as amended ) and the Conservation of Habitats and Species Regulations 2017  and to ensure that the development complies with Policy 34 of the City Plan 2019-2040  April 2021 ) .

 

Additional Condition no. 29. (Bats)

 

Pre-Commencement Condition:

No demolition shall take place in respect of Darwin House (Phase 3) until the results of a single emergence survey has been submitted to and approved by the City Council as local planning authority in consultation with Natural England.

 

If the results of these surveys show that no roosting bats are present in these buildings, works can commence on site .

 

If the results show the presence of roosting bats, no demolition works shall take place until the applicant obtains a Licence from Natural England and details of the proposed mitigation measures. A copy of this Licence must be submitted to the City Council before any demolition takes place and the development must be carried out in accordance with this Licence at all times.  

 

Reason: 

The submitted ecological report has identified that Darwin House has low potential for roosting bats, and to ensure that an additional survey is carried out before any demolition takes place . If the results of these surveys show that no roosting bats are present in this building, works can commence on site . Bats are protected under the Wildlife and Countryside Act 1981 (as amended) and the Conservation of Habitats and Species Regulations 2017  and to ensure that the development complies with Policy 34 of the City Plan 2019-2040  April 2021) .

 

Additional Condition no. 30 (Ecological Report)

 

Condition:

The development shall be carried out in accordance with the mitigation details set out in the approved ecological report. Details of the proposed bat and bird boxes and the creation of new habitats shall be submitted to and approved by the City Council as local planning authority before any works commence on Phases 2 and 4. The development shall be carried out in accordance with these approved details and  shall be erected prior to the occupation of the buildings .

 

Reason:

To reduce the impact of the proposed development on biodiversity and to secure improvements for biodiversity as set out in Policy 34 of the City Plan 2019-2040 ( April 2021 )

 

Additional Condition no. 31 (Privacy Screens)

 

Condition:

You must apply to us for approval of details of screens to be installed on the west-facing side of balconies of flats in Block B (i.e. adjacent to no. 105 Grosvenor Road). These screens shall be obscured and extend to not less than 1.8 m above balcony floor level. The approved screens shall be erected in accordance with the approved details prior to the first occupation of the flats and shall be retained for the full lifetime of the development.

 

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). 

 

George Woods addressed the Sub-Committee in support of the application.

</AI5>

Jeremy Evershed addressed the Sub-Committee in support of the application.

 

Gordon Haggart addressed the Sub-Committee in objection to the application.

 

Paul Zuckerman addressed the Sub-Committee in objection to the application.

 

Councillor Murad Gassanly addressed the Sub-Committee in his capacity as Ward Councillor in support of the application.

 

Councillor Liza Begum addressed the Sub-Committee in her capacity as Ward Councillor in objection to the application.

 

 

RESOLVED UNANIMOUSLY:

 

1.              That conditional permission, as amended, be granted pursuant to Regulation 3 of the Town and Country Planning General Regulations 1992, subject to:

 

i)                Completion of a S106 unilateral undertaking to secure the following:

 

a)              provision of the 52 x residential units as Intermediate Rented Housing (18 x 1 bedroom flats in Block B) and Community Supportive Social Rented Housing (34  x 1 bedroom flats in Block A) and Intermediate Rented Housing (18 x 1 bedroom flats in Block B) in accordance with the affordability criteria specified by the Housing Development Manager;

 

b)       provision of car club membership for 25 years for each residential flat;

 

c)       walkways agreement to secure access through the site;

 

d)        a contribution of £21,090 (index linked and payable on commencement) to the Carbon Off set fund;

 

e)        a financial contribution of £6954 to the Westminster Employment Service (index linked and payable on commencement of development) and;

 

f)         the cost of monitoring the agreement.

 

ii)               The following additional conditions:

 

a)             a requirement that the flat roofs on the building not be used as terraces;

 

b)             the development of a site waste management plan; and

 

c)              the establishment of a Community Liaison Group to deal with issues in respect of construction.

 

iii)             The following additional informatives:

 

a)             The Community Liaison Group to also include representatives from Adult Social Care in order to mitigate the impact of the construction on the amenity of existing elderly residents in Darwin House.

 

b)             Applicant to consider whether access off Grosvenor Road was possible during construction, although this would be subject to the views of TfL and it was understood that there were constraints relating to the existing cycle lane and trees. If this was not possible it was suggested that assessments be undertaken on whether construction vehicles going passed the local primary school do so at staggered times to avoid school drop off/picking up times.

 

c)              Applicant to consider whether additional greening could be provided, in particular a green wall on the flank elevation of Block B and/or green roofs. 

 

d)             Applicant to look at a Local Lettings Policy for the new units.

 

e)               The names of the existing buildings to be re-used in any future planning applications for Street Naming and Numbering.

 

2.       That if the S106 unilateral undertaking had not been completed within six weeks then:

 

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

 

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