Agenda item

Variation of condition 1 (Approved drawings) of planning permission dated 27 November 2017 (RN 17/02957/FULL) which was a Variation of Conditions 1 and 6 of planning permission dated 2 March 2017 (RN 15/10671/FULL) for the demolition and redevelopment of 117 to 125 Bayswater Road, together with 2 to 6 Queensway and 7 Fosbury Mews for a new building comprising 3 basements, ground and 9 upper storeys to include 55 residential units and ancillary residential facilities (class C3), together with retail (class A1) unit, a retail (class A1) and/or restaurant (class A3) unit, a dentist (class D1) and a spa use (class D2), highway works and the use of car parking within the basement of Consort House.

To vary the approved drawings to amend the ground floor frontage to allow the existing bureau de change to remain in situ and be part of the scheme temporarily and to extend the spa over all three basement levels rather than two. NAMELY, to vary the approved drawing numbers for Removal of the Building Maintenance Unit (BMU) and re-location of plant at Level 9 to ground and lower ground floors, reconfiguration of Levels 8 and 9; passenger lift access to all floors, lift overruns at roof level; north façade rationalisation; alterations to the external materiality of the building and incorporating a higher percentage of stone in the proposals.

Additional representation:

1.   John Zamit (SEBRA) 08.09.21

Late representations:

1. Cllr Burbridge Email 09.09.2021

2. Fenton Whelan Letter to Cllr Burbridge 10.09.2021

3. Email exchange Cllr Burbridge, SEBRA & Officers 13.09.2021

4. Fenton Whelan letter 13.09.2021

5. Officer Email to John Zamit (SEBRA) in response to their queries 13.09.2021

6. John Zamit (SEBRA) 14.09.2021

7. Officer Memo 14.09.2021

Colin Bartlett addressed the Sub-Committee in support of the application.

Elline Demetriou addressed the Sub-Committee in objection to the application.

John Zamit addressed the Sub-Committee in objection to the application.

Councillor Burbridge addressed the Sub-Committee in objection to the application.

RESOLVED UNANIMOUSLY:

1)                That conditional permission, as amended by officers in their late memo (to delete condition 17, amend condition 32 to replace wording “Class D2” with “Class E”, new condition 17 requiring details of plant box & associated louvres & screening) be granted, subject to 2 additional informatives:

1.Informative: That the applicant be advised to consult with the local community including Ward Councillors, South East Bayswater Residents Association and local residents on their proposals to discharge condition 8 relating to Operational Management Plan and servicing hours etc for the commercial uses.  Full consultation to be undertaken by the City Council on receipt of this approval of details application and the application thereafter be reported to the Planning Applications Sub-Committee (3) for determination.

2.Informative: The applicant is encouraged to bring forward proposals for the adjacent site at Consort House, by way of a planning application for works/proposals to improve the appearance of the rear elevation and undercroft of Consort House.

a) The completion of a Deed of Variation to the earlier legal agreement dated 27 November 2017 to link those obligations to this permission.

b) A new additional planning obligation to secure a carbon off-set contribution of £821,819 (index linked and payable on commencement), as required to be amended in the event of further reductions in carbon emissions being evidenced.

c) An additional financial contribution of £TBC towards the Westminster Employment Service (index linked and payable on commencement of development)

d) A new additional planning obligation to make available the servicing turntable within the development for the benefit of those servicing Consort House in accordance with the Servicing Plan and at Nil cost and for the owner of Consort House to use all reasonable endeavours to encourage tenants of exists leases to undertake servicing in this way and to negotiate new leases to require servicing to be undertaken in this way

2)                If the s106 agreement has not been completed within 3 months from the date of the Committee's 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 is has not proved possible to complete an agreement within an appropriate timescale, and that the proposals are unacceptable in the absence of 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.

3)                That Sub-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 to enable this development to take place.

4)                That the Director of Place Shaping and Town Planning, or other such proper officer of the City Council responsible for highway functions, be authorised to take all necessary procedural steps in connection with the making of the orders and to make the orders as proposed if there are no unresolved objections to the draft orders. The applicant is to cover all costs of the Council in progressing the stopping up orders.