Agenda item

Site 1:

 

Variation of Conditions 1, 17, 20, 31, 39, 47, 49, 53, 54, 55, 56 and 57 of planning permission dated 8 April 2022 (RN: 20/03987/FULL) (as amended) for, 'Part demolition, excavation (including beneath Davies Mews), erection of new buildings and alterations to existing buildings comprising: redevelopment of 60 Brook Street; redevelopment of 48, 50, 56 and 58 Brook Street and 16 Davies Mews behind retained Brook Street facades at; redevelopment behind retained and partially reconstructed facade at 52-54 Brook Street; refurbishment with alterations and addition of turret and gables at 40-46 Brook Street and 40 South Molton Lane; redevelopment behind retained Davies Mews and South Molton Lane elevations and front roof at 1-7 Davies Mews and 28-30 South Molton Lane; refurbishment and alterations at 50 Davies Street; refurbishment with alterations and partial demolition and redevelopment of upper floors at 52-54 Davies Street; redevelopment behind reconstructed and extended facade at 56 Davies Street (including the removal and reinstatement of certain building features), and Brookfield House (44-48 Davies Street and 62 and 64 Brook Street); part demolition of ground floor and refurbishment at 10 South Molton Street; refurbishment and alterations at 15-25, 27 and 42 South Molton Street; all to provide a development of up to 9 storeys including Class B1 (Business), Class A1 (Shops), Class A3 (Restaurant and Cafes), Class A4 (Drinking Establishment), composite use comprising public house and guest accommodation (sui generis), Class C3 (Dwellinghouses), Community Infrastructure and Facilities, and Class C1 (Hotel) uses, improvements to public realm and pedestrian routes, servicing, ancillary plant and storage, cycle parking and other associated works'; NAMELY, to allow amendments to the approved development. (Application under Section 73 of the Act).

 

Site 2:

 

Extension to roof, facade amendments, associated works and use of enlarged building to provide Community Infrastructure and Facilities of flexible education training facility (Class F1) or medical centre (Class E).

 

Site 3:

 

Use of part ground and first to fourth floors as three residential dwellings (Class C3). External alterations including the removal of existing plant and installation of additional plant within acoustic enclosures, creation of a terrace (for use in association with the proposed Flat 1) and green roof at rear first floor level and associated works. Erection of an extract duct routed internally terminating above main roof level. Internal alterations at all levels.

 

For Site 1 additional representations were received from Stephenson Harwood (10.08.22) and Grosvenor (09.11.22). The presenting officer had also circulated prior to the meeting the draft decision letter.

 

For Site 2 an additional representation had been received from Historic England (10.11.22). The presenting officer had also circulated prior to the meeting the draft decision letter.

 

For Site 3 additional representations had been received from the Highways Planning Officer (01.11.22) and the Waste Project Officer for Highways Planning (05.10.22). The presenting officer had also circulated prior to the meeting the draft decision letter.

 

The presenting officer tabled the following amended conditions for Site 1:

 

Amended Condition 17

 

The primary use of at least 50% of approved floorspace within the non-office commercial ground and basement units within the North Block (excluding 50 Davies Street, the basement of 52-54 Davies Street, and the ground and first floors of 52 Davies Street), the South Block, and at least 50% of the commercial units at basement and ground floors of Nos. 10, 17-25, 27 and 42 South Molton Street, and the commercial units at ground floor of Nos. 15-16 South Molton Street shall be for the display or retail sale of goods, other than hot food, principally to visiting members of the public.

 

No change to reason

 

Amended Condition 60

 

All staff working with the 'micro-retail units' on South Molton Lane shown on the approved drawings shall be given access to the 'Staff Acc. WC' within the basement of 24 23 South Molton Street at all times.

 

No change to reason

 

Amended Condition 65

 

Upon commencement of the expanded public house, the windows within the Davies Street frontage of the basement of 52-54 Davies Street and the ground and first floors of 52 Davies Street shall be fixed shut after 23.00 22.00 daily.

 

No change to reason

 

Simon Armstrong addressed the Sub-Committee in support of the application.

 

Catherine Kelly addressed the Sub-Committee in objection to the application.

 

Luis Garrido addressed the Sub-Committee in objection to the application.

 

RESOLVED UNANIMOUSLY:

 

Site 1 – South Molton Triangle

 

1)        That conditional permission, as amended, be granted subject to a legal agreement to secure the following:

 

a)        Provision of 11 x affordable housing units, made up of 7 x social housing units (rents set at London Affordable Rents) at 23-25 South Molton Street and 4 x intermediate housing units (rents set at London Living Rent) at 27 South Molton Street. Increases in rent and eligibility to be agreed with the Head of Affordable Housing and Partnerships. Completed affordable housing to be managed by and transferred into the legal ownership of a Registered Provider. The office floorspace within the North Block or South Block (whichever is completed first) not to be occupied until all 11 x affordable housing units are ready for occupation.

 

b)        Provision of an Early Stage Viability Review if substantial implementation (i.e. (i) Completion of demolition, ground preparation, piling and permanent foundation and below ground structural works and the ground floor slab for the North Block or the South Block; or (ii) The completion of the shell and core of the affordable housing units at 23, 24, 25 and 27 South Molton Street) has not occurred by 7 April 2025.

 

c)        The office floorspace within the North Block or the South Block (whichever is completed second) not to be occupied until the market residential units at 10, 15-22 and 42 South Molton Street are ready for occupation.

 

d)        The office floorspace within the North Block or the South Block (whichever is completed first) not to be occupied until the 8 x residential units at part first and the second floors of Claridge House, 32 Davies Street pursuant to planning permission dated 7 September 2020 (Ref: 20/02661/FULL) are ready for occupation. The office floorspace within the North Block or South Block (whichever is completed first) to be ready for occupation within 8 years of these residential units being made ready for occupation.

 

e)        Undertaking of highway works on Davies Mews, South Molton Lane, Davies Street, Brook Street and South Molton Passage, including associated traffic order making, tree planting, cycle parking, provision of loading bays, wayleaving of existing street lighting, details of highways management and any other associated works to accommodate the development. Highway works / management / threshold levels to have been agreed and alterations to traffic orders to have been confirmed prior to commencement of development. If undertaken by the owner, highway works to Davies Mews, South Molton Lane, Davies Street and Brook Street to be completed prior to occupation of any part of the North Block (excluding 50 Davies Street), the South Block or the occupation of 40-46 Brook Street and 40 South Molton Lane as a hotel (unless otherwise agreed in writing with the City Council). Not to occupy any part of the North Block (except 50 Davies Street) or any part of the South Block (whichever is completed first) until the highways management arrangements have been approved by the City Council. Highway management arrangements secured for the life of the development. If undertaken by the applicant, highway works to the South Molton Passage to be completed prior to the occupation of the affordable housing units at 23, 24, 25 and 27 South Molton Street.

 

f)        Submission of a management plan for the City Council’s approval setting out the management, maintenance and enforcement of activities upon land retained in applicant’s ownership on South Molton Lane. Adherence to the approved management plan for the life of the development.

 

g)        An Employment and Skills Plan(s) for the demolition, construction and operational (for the commercial elements) phases of the development and a contribution of £346,000 to support the Westminster Employment Service. Employment and Skills Plan submitted prior to the commencement of the relevant development phase. Financial contribution payable prior to the commencement of development.

 

h)        Car club membership for the occupiers of all 33 x residential units for a period of 25 years.

 

i)         A financial contribution of £25,000 to provide an extension to a nearby Cycle Hire docking station(s) (payable prior to commencement of development).

 

j)         The submission for the City Council’s approval of a management strategy for the passageway beneath 10 South Molton Street in terms of inspecting it for anti-social behaviour, cleaning, lighting and generally maintaining it. Not to occupy the North Block or the South Block (whichever is completed first) prior to the approval of the management strategy. Adherence to the approved management strategy for the life of the development.

 

k)        The provision of at least 127 sq.m of either formal or informal place space either within Grosvenor Square Gardens or an alternative location within Mayfair (design and alternative location (if applicable) to be agreed with the City Council). The playspace to be provided prior to any of the residential units being occupied.

 

l)         The provision of the replacement community infrastructure and facilities floorspace within the ground, mezzanine and basement floors of the North Building (698 sq.m) and within the entirety of 14 North Row (471.7 sq.m) (both to be ready for tenant fit out) within 8 years of the commencement of the demolition of 48 Brook Street or 56 Brook Street.

 

m)       Not to occupy 40-46 Brook Street and 40 South Molton Lane as a hotel until the office floorspace within either of the North or South Block is ready for occupation.

 

n)        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 either: (i) Off-set through a financial contribution to the City Council’s carbon offset fund (payable prior to commencement of development); or (ii) To be made by the applicant off-site within the City through the delivery of an identified carbon savings project(s).

 

o)        The costs of stopping up of an area of public highway on the south of Davies Mews (payable and stopping up order confirmed prior to commencement of the South Block phase of development).

 

p)        The costs of monitoring the S106 legal agreement.

 

2)        That if the S106 legal agreement has not been completed within six weeks of the date of this resolution then:

 

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

 

b)              The Director of Town Planning and Building Control should consider whether the 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 Town Planning and Building Control was authorised to determine the application and agree appropriate reasons for refusal under Delegated Powers.

 

3)        That conditional listed building consent for all six applications be granted.

 

4)             That the reasons for granting the six applications for listed building consents as set out in Informative 1 of the draft decision letters be agreed.

 

Site 2 – 14 North Row

 

1)        That conditional permission be granted subject to a legal agreement or undertaking to secure the following:

 

a)        Not to occupy the building as an education training facility (Class F1) or medical centre (Class E) until all three of the permitted residential units at 24 North Audley Street are ready for occupation.

 

b)        Undertaking of highways works on the south side of North Row to extend the footway across the width of the site. If undertaken by the owner, highway works to be completed prior to occupation of the building as an education training facility (Class F1) or medical centre (Class E).

 

c)        The costs of monitoring the S106 legal agreement.

 

2)        That if the S106 legal agreement or undertaking had not been completed within six weeks of the date of this resolution then:

 

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

 

b)        The Director of Town Planning and Building Control should consider whether the permission should be refused on the grounds that it had not proved possible to complete an agreement or undertaking 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 Town Planning and Building Control 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 reasons for granting listed building consents as set out in Informative 1 of the draft decision letter be agreed.

 

Site 3 – 24 North Audley Street

 

1)        That conditional permission be granted.

 

2)        That the reasons for granting listed building consents as set out in Informative 1 of the draft decision letter be agreed.