Agenda item

1.        Demolition of all existing buildings and redevelopment to provide a seven storey building (plus three storey basement) on Grafton Street ("Building 1") comprising flexible retail/commercial floorspace (Class E) and a further seven storey building (plus three storey basement, plant mezzanine and roof top plant) on Grafton Street ("Building 2") linked to a 12 storey building (plus two storey and part three storey basement) on Barlow Place ("Building 3") comprising up to six flexible residential/aparthotel units (Class C3/C1), a hotel and associated facilities (Class C1), flexible hotel/restaurant/bar floorspace (Class C1/E/Sui Generis), flexible hotel/spa (Class C1/E); and associated provision of open space and landscaping.

 

2.        The temporary dismantling of the Grade II listed shopfront at 14 Grafton Street and its reinstatement in Barlow Place following the wider redevelopment of 8-14 Grafton Street, 22-24 Bruton Lane and 163-164 New Bond Street.

 

           The presenting officer tabled the following amendments to the report:

 

Corrected description of proposal[the description on the report is the original proposal, before amendments were made]:

 

Demolition of all existing buildings and redevelopment to provide a seven storey building (plus three storey basement) on Grafton Street ('Building 1') comprising flexible retail/commercial floorspace (Class E) and retail floorspace (Class E), and a further seven storey building (plus three storey basement, plant mezzanine and roof top plant) on Grafton Street ('Building 2') linked to a 12 storey building (plus two storey and part three storey basement) on Barlow Place ('Building 3') comprising up to six residential units (Class C3), a hotel and associated facilities (Class C1), flexible hotel/restaurant/bar floorspace (Class C1/E/Sui Generis) and retail floorspace (Class E), and associated provision of open space and landscaping.

 

Amended Recommendation:

 

f)        Highway works to renew the footways around the site, including adjustments to the motorcycle bay in Bruton Lane and works to relocate vehicle parking spaces in Grafton Street.

 

4.        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 creation of new public highway to enable this development to take place. 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 conjunction 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 will be required to cover all costs of the Council in progressing the stopping up orders.

 

Revised conditions:

 

4.        You must apply to us for approval of detailed drawings of the following parts of the development –

 

(1)      a typical example of each different window and external door type.

(2)      The gates at either end of the undercroft on the Bruton Lane and Barlow Place frontages.

 

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 detailed drawings

 

30.      Pre-Commencement Condition.

 

“a) You must apply to us for approval of an independent review of the environmental sustainability features (environmentally friendly features) of each phase of the development prior to completion of superstructure within 6 months of commencement of works on site of each respective phase of the development. 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 you have achieved an 'excellent' rating. If you use another method, you must achieve an equally high standard. You must provide all the energy efficiency measures referred to in the review before you start to use the building. You must then not remove any of these features.

 

You must not start work on each respective phase of development until we have approved what you have sent us for that phase.

 

35.      Prior to Within 6 months of commencement of construction of each phase of the development details of a system of mechanical ventilation for the relevant phase, shall be submitted to and approved in writing by the Local Planning Authority...

50.      The development must be carried out in accordance with the Construction Logistics Plan dated November 2021, unless otherwise agreed in writing with the local planning authority.

 

Additional conditions:

 

53.      You must apply to us for approval of the following, in consultation with the Designing Out Crime Officer:

 

a)        detailed drawings showing the following alteration to the scheme - amendments to the exact location of the gates at either end of the undercroft on the Bruton Lane and Barlow Place frontages to minimize any recesses created by the placement of these gates and ensuring that there is as good a line of sight as possible from all angles when approaching the gates. The detailed drawings must be annotated to show that the gates include a fob

access control system with audio/visual capabilities for residents in each dwelling and the hotel concierge. They should be tested and certified to LPS1175 B3.

 

b)        details demonstrating that the gates and the whole undercroft area, including the entrance to the residential accommodation, and the residential areas within Building 3, including the

entrance doors to the individual flats, have achieve a Secured By Design accreditation. If this is not achievable you must provide justification for this.

 

You must not start on these parts of the work until we have approved in writing what you have sent us. You must then carry out the work according to the approved drawings/details in full prior to the occupation of the residential and hotel uses and permanently retain them unless otherwise agreed in writing with the City Council as local planning authority.

 

Reason

To reduce crime in accordance with Policies 38 and 43 of the City Plan 2019 – 2040 (April 2021).

 

Additional representations were received from the Metropolitan Police (04.08.22), the Health and Safety Executive (02.08.22), Westminster City Council Highways (05.08.22) and O&H Grafton Developments Ltd (undated).

 

Peter Edgar addressed the Sub-Committee in support of the application.

 

RESOLVED UNANIMOUSLY:

 

1)        That conditional permission, as amended, be granted subject to the views of the Mayor of London and subject to a S106 legal agreement to secure the following:

 

a)        An Employment and Skills Plan and a contribution of £203,941.45 [or such figure as is confirmed by the Council’s Economy Team] to support the Westminster Employment Service. Employment and Skills Plan submitted prior to the commencement of the relevant development phase. Complete financial contribution payable prior to the commencement of development.

 

b)        Submission (prior to commencement of development of each phase) of a revised Energy Strategy setting out whether operational zero carbon can be met and, if not, require the residual carbon emissions for a notional 30 year development life to be off-set through a financial contribution to the City Council’s carbon offset fund (payable prior to commencement of development);

 

c)        Be seen Energy Monitoring in consultation with the GLA;

 

d)        Submission of a Travel Plan prior to occupation of any phase of the development;

 

e)        To provide the six residential flats within five years of the commencement of demolition of Phase 1;

 

f)        Highway works to renew the footways around the site, including adjustments to the motorcycle bay in Bruton Lane and works to relocate vehicle parking spaces in Grafton Street.

 

g)        Dismantling and re-erection in Barlow Place of the listed 'Wartski' shopfront

 

h)        Demolition clauses

 

i)                The costs of monitoring the S106 legal agreement.

 

2)              That if the S106 legal agreement had not been completed within 3 MONTHS from the date of the Committee's resolution then:

 

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

 

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

 

3)        That conditional listed building consent be granted.

 

4)              That the reason for granting listed building consent as set out in Informative 1 of the draft decision letter be agreed.

 

5)              That the Committee authorised 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 creation of new public highway to enable the development to take place. 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 conjunction with the making of the orders and to make the orders as proposed if there were no unresolved objections to the draft orders. The applicant would be required to cover all costs of the Council in progressing the stopping up orders.