Agenda item

Partial change of use to facilitate the use of the buildings as a retail gallery and restaurant(s) with ancillary wine and champagne and caviar bar (Class E); replacement roof structure at 7 Burlington Gardens; minor extension to the rear of 2 Old Burlington Street; installation of plant and new external roof terrace and a series of associated external and internal works to reconfigure and refurbish the fabric of the buildings.

 

The Presenting Officer tabled the following amendments to Conditions 3, 4, 14, 16 and 21

 

Amendments to Conditions 3, 4, 14, 16 and 21 on Planning Application

22/02155/FULL

 

3) You must apply to us for approval of samples of the facing materials you

will use, including glazing. You must also apply for any proposed

restoration works to any façades (excluding any 'like for like' repair).

Any application should include elevations and roof plans annotated to

show where the materials / works are to be located. You must not start

work on the relevant part of the development until we have approved in

writing what you have sent us. You must then carry out the work using

the approved materials.

 

Reason:

To protect the special architectural or historic interest of this building

and to make sure the development contributes to the character and

appearance of the Mayfair Conservation Area. This is as set out in

Policies 38 and 39 of the City Plan 2019 - 2040 (April 2021). (R27AC)

 

4) You must apply to us for approval of full details of the following parts of

the development:,

i) The new roof above the main eighteenth century house, including the

glazed central section, the rebuilt chimney stack and all interfaces

with retained fabric;

ii) Any modifications to existing windows (including any internal safety

works), any new windows and / or external doors;

iii) The new rooflight to the rear infill of no.2 Old Burlington Street;,

iv) Rooftop access and any other maintenance interventions including any

walkways, platforms or railings;

v) All new plant equipment and any associated plant screens and their

finishes;

vi) External lighting;

vii) External CCTV cameras;

viii)Ventilation, extraction and other services, terminations and routes at

façade and roof.

ix) Internal lighting at third floor level nearby the roof skylight at level 03

x) Any other new technical roofs;

xi) Any works proposed to cap or open existing chimneys, and

xii) Works to facilitate the installation of new UKPN infrastructure (including

any revised floor levels)

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 approved details.

Reason:

To protect the special architectural or historic interest of this building

and to make sure the development contributes to the character and

appearance of the Mayfair Conservation Area. This is as set out in

Policies 38 and 39 of the City Plan 2019 - 2040 (April 2021). (R27AC)

14 The use of the premises hereby approved shall only be only be open to

visiting members of the public between the following hours:

- 08:00 - 23:00 (Monday to Wednesday),

- 08:00 - 00:30 (Thursday to Saturday) and,

- 09:00 - 23:00 (Sunday).

Outside of these hours, visiting members of the public are not permitted

to be in the retail gallery.

 

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).

(R12AD)

 

16) You must not allow more than 80 customers onto the external terrace

on L02 at any one time.

 

Reason:

To protect neighbouring residents from noise nuisance, as set out in

Policies 7, 16 and 33 of the City Plan 2019 - 2040 (April 2021).

(R13ED)

 

21) The publicly accessible internal floorspace used directly for provision of

cafe/restaurant, wine bar and champagne and caviar bar purposes within the building should not exceed a cumulative total of more 650 sqm (GIA).

 

Reason:

We cannot grant planning permission for unrestricted Class E use

because it would have the potential to harm the character and function

of the Mayfair and harm the amenity of neighbouring occupiers. This

would not meet Policies 7, 16 and 33 of the City Plan 2019 - 2040 (April

2021). (R05IA)

 

Amendments to Condition 3, of Listed Building Consent 22/02174/LBC

 

3) You must apply to us for approval of full details of the following parts of

the development (other than where works are ‘like for like’ repairs):

i) The new roof above the main eighteenth century house (7 Burlington

Gardens), including the glazed central section, the rebuilt chimney

stack and all interfaces with retained fabric;

ii) Modifications to existing windows (including any internal safety

works), any new windows or doors;

iii) The new rooflight to the rear infill of no.2 Old Burlington Street;

iv) The interior treatment of the new roof space above the main

eighteenth century house including the glazed toplight above the Leoni

staircase;

v) The new feature lift through the main eighteenth century former

house;

vi) Modifications and / or restoration works to existing stairs;

vii) The new mezzanine fixings, finishes and shadow gap detail to the

floor and the new partitions associated with the new mezzanine at

ground and first floor;

viii) Strategy and methodologies for any proposed restoration works to /

installations on facades;

xix) Works to existing interiors: ceilings, cornices, plasterwork, joinery

and fireplaces;

x) Interior fit-out and finishes to interiors at lower ground, ground and

first floors, including fixed joinery;

xi) Services routes, associated modifications and their appearance;

xii) Fire strategy installations;

xiii) Rooftop access and any other maintenance interventions including

any walkways, platforms or railings;

xiv) All new plant equipment and any associated plant screens and

their finishes;

xv) Internal and external lighting;

xvi) Any Secondary glazing (if proposed);

xvii) CCTV cameras and all other ‘fixed’ small electricals and

infrastructure associated with security and utilities.

xviii) Ventilation, extraction and other services terminations and routes

at façade and roof.

xix) Details of any new ‘technical roofs’ or proposals to cap or open

existing chimneys.

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 approved details.

 

Reason:

To protect the special architectural or historic interest of this building

and to make sure the development contributes to the character and

appearance of the Mayfair Conservation Area. This is as set out in

Policies 38 and 39 of the City Plan 2019 - 2040 (April 2021). (R27AC)

 

Tim Price addressed the Sub-Committee in support of the application.

 

UNAMIOUSLY RESOLVED

 

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

 

            a) Contribution of £3,000,000 (three million pounds) towards the City        Council’s Affordable Housing Fund.

 

            b) The cost of monitoring the S106 legal agreement.

 

2.     If the S106 legal agreement has not been completed within six weeks of the date of this resolution, then:

 

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

 

            b) The Director of Place Shaping and Planning shall consider whether the permission should be refused on the grounds that it has not proved possible          to complete an agreement within an appropriate timescale, and that the             proposals are unacceptable in the absence of the benefits that would have        been secured; if so the Director of Place Shaping and Planning is 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 consent as set out within    informative 1 of the draft decision letter be granted.