Agenda item

Application 1: Mixed-use development at Old Brewer's Yard including: at 28-32 Shelton Street, the erection of two-storey roof extension and other external alterations (including shopfront alterations, new rear access to the Yard, and plant) in connection with the use of the building as a restaurant (Class E(b)); at 1 Mercer Walk, the installation of ancillary plant & servicing equipment, external alterations including opening up of blind windows on east elevation, installation of PV panels at main roof level and the placement of external tables and chairs on Mercer Walk, all in connection with the use of the building as a microbrewery and visitor attraction with ancillary retail, bar and training space (Sui Generis); at 15A Neal Street (ground floor only), external alterations including installation of full-height glazed rear wall and installation of a new shopfront; at 5 Langley Street (basement, partground floor and part-roof only) alterations to north and west facade and installation of new plant, all in connection with the flexible mixed-use of the basement and part-ground floor as entertainment/events/community space with ancillary storage areas (Sui Generis); at the rear of 7 Langley Street, installation of plant at roof level and the use of the former bin store as a bar area servicing the Yard (Sui Generis); at Old Brewer's Yard, the erection of a new high-level glazed canopy structure and semi-permanent external seating, installation of new entrance gates fronting Shelton Street, placement of planters and associated street furniture, for use of the Yard as a flexible entertainment/dining/events/ community outdoor space (Sui Generis).

Application 2: Works to rear-part of 7 Langley Street comprising the part-demolition of external walls and construction of new walls, openings, and associated fixtures including canopy fixtures pertaining to the Yard, the complete demolition of internal structures and installation of new internal structures including replacement staircase and new mezzanine level for use as a bar and ancillary storage, and installation of plant at roof level; together with works at 28-32 Shelton Street comprising the installation of entrance gates fronting the under croft shared with listed building 34 Shelton Street. [Addresses include 7-8 Langley Street and 34 Shelton Street].

Additional representations were received from Jones Lang LaSalle Ltd (04.08.22), The Seven Dials Trust (02.08.22) and the Covent Garden Community Association (03.08.22).

Late representations were received from The Seven Dials Trust (05.08.22), Bloomsbury Conservation Areas (04.08.22) and the Covent Garden Community Association (05.08.22).

The presenting officer tabled the following amendments to the conditions:

Condition 10 - No amplified sound shall be played in the entrance and exit or any of the premises hereby approved or within the sixth floor terrace at 28-32 Shelton Street.

Condition 11 - You must not play any amplified sound which is audible outside the site premises (which for the avoidance of doubt includes Old Brewer's Yard).

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).

Condition 24 (Reason): To ensure the full benefits of the scheme are realised by ensuring that after 10.00 hours the public are able to access freely the Langley Passage and Old Brewer's Yard. This is as set out in Policies 25 and 39 of the City Plan 2019 - 2040 (April 2021).

Additional condition 35: You must not use any part of the approved roof extension at 29-32 Shelton Street until the following elements of the proposed development, which are considered to be public benefits of the scheme, have been provided:

·       A public route through Old Brewer’s Yard in accordance with the terms set out in the Walkways Agreement.

·       The use of the basement of 5 Langley Street as a community space in accordance with details secured as part of a s106 agreement.

·       Provision of the micro-brewery.

Thereafter these parts of the development shall be maintained in accordance with the approved development.

Tom Johnson addressed the Sub-Committee in support of the application.

Blythe Dunk addressed the Sub-Committee in support of the application.

Alison Oswald addressed the Sub-Committee in objection to the application.

Eric Stuart addressed the Sub-Committee in objection to the application.

Amanda Rigby, representing the Covent Garden Community Association, addressed the Sub-Committee in objection to the application.

Paul Velluet, representing the Covent Garden Area Trust, addressed the Sub-Committee in objection to the application.

Kathy Pimlott, representing The Seven Dials Trust, addressed the Sub-Committee in objection to the application.

Councillor Louise Hyams, in her capacity as Ward Councillor, addressed the Sub-Committee and requested the application be deferred for further consideration.

Application 1:

RESOLVED (Grant: Councillors Butler-Thalassis, Rigby and Shearer; Defer: Councillor Bush and Williams; Refuse: Councillor Fisher):

1)             That conditional permission, as amended, be granted subject to:

a)    A S106 legal agreement to secure the following:

                                                  i.               The residential use at second and third floor level at 23 Neal Street and third floor level at 17-19 Neal Street to have been relocated as part of a land use swap with the City Council. The applicant not to commence development until planning applications had been submitted for the land use swap and not to occupy the development until the land use swap has been physically completed in all material respects to a standard ready for residential occupation and evidence has been submitted to the City Council to confirm completion of such works.

                                                 ii.               Details of a community strategy.

                                               iii.               Walkways Agreement to secure access to Langley Passage and Old Brewer’s Yard.

                                               iv.               Monitoring costs.

b)    The operational management plan being developed in consultation with the Covent Garden Community Association, the Covent Garden Area Trust and The Seven Dials Trust before returning to the Sub-Committee for approval.

c)     The opening hours of the external terrace located on Shelton Street be reduced to between 10:00 to 21:00 hours.

d)    The opening hours for Old Brewers Yard be reduced to between 10:00 to 23:00 hours Monday to Saturday and 10:00 to 22:30 hours on Sundays.

e)    The opening hours for 1 Mercer Walk be reduced to between 10:00 and 22:30 hours Monday to Sunday.

f)      Egress from Old Brewers Yard via Shelton Street be restricted after 22:30 hours.

g)    The capacity for the Old Brewers Yard be reduced to a maximum of 100 customers seated and 50 standing.

2)             That if the S106 legal agreement had not been completed within six weeks of the Committee resolution then:

a)        The Director of Town Planning shall consider whether the permission can be issued with additional condition to secure the benefits listed above. If this was possible and appropriate, the Executive Director for Growth, Planning and Housing was authorised to determine and issue such a decision under Delegated Powers, however, if not

b)        The Director of Town Planning should consider whether permission be refused on the grounds that it had not proved possible to complete an agreement within an appropriate timescale, and the proposal was unacceptable in the absence of the benefits that would have been secured; if so, the Executive Director for Growth, Planning and Housing was authorised to determine the application and agree appropriate reason for refusal under Delegated Powers.

Application 2:

RESOLVED UNANIMOUSLY:

1)        That listed building consent be granted.

2)        That the reasons for granting listed building consent as set out in Informative 1 be agreed.