Agenda item

Use of the existing vacant 'Crossrail box', located below Kingdom Street level, as a delivery, logistics and distribution hub (Class B8). Erection of a single storey pedestrian access structure at ground floor / Kingdom Street level. Installation of facades to largely enclose the box. Other associated alterations.

The draft decision letter had been circulated to the Sub-Committee. Additional representations had also been received from Councillor Max Sullivan (25.04.23), Ramboll (27.04.23), Paddington Residents’ Active Concern on Transport (27.04.23), Sheldon Square Residents’ Association (21.04.23), Clean Air Bayswater (21.04.23).

Late representations were received from CBRE (02.05.23), the applicant (undated), SEBRA (01.05.23) and Clean Air Bayswater (02.05.23).

The planning officer tabled the following amendments to the recommendation and draft decision notice:

Amend condition 20from:

A minimum of 29 long term cycle parking spaces and 2 short stay spaces shall be implemented prior to first occupation and thereafter maintained for cycle parking for the life of the development. All occupiers must have access to long term secure cycle parking within the      development site.

To:

You must apply to us for approval of details of 58 long term secure cycle storage spaces for the B8 use and 2 short stay spaces. You must not start any work on this part of the development until we have approved in writing what you have sent us. You must then provide the cycle storage in line with the approved details prior to occupation and make it available at all times to everyone using the facility. You must not use cycle storage for any other purpose.

Additional condition – No. 26

Within 3 months of occupation, you must apply to local planning authority for approval of an employee cycle parking study demonstrating the demand for cycle parking. If additional spaces are required, detail should be provided indicating where they will be provided. These spaces shall be provided within 3 months of approval of these details, and the cycle storage shall be available at all times to everyone using the facility and for no other purpose.

Reason:

To provide cycle parking spaces for people using the development in accordance with Policy 25 of the City Plan 2019 – 2040 (April 2021). (R22FB)

Additional condition – No. 27

You must apply to us for approval of photographs of samples/panels of the facing materials you will use, including glazing, and elevations and roof plans annotated to show where the materials 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. (C26BD)

Reason:

To make sure the appearance of the building is suitable and that it contributes to the character and appearance of the area. This is as set out in Policies 38 and 40 of the City Plan 2019 – 2040 (April 2021). (R26AE)

Michael Meadows, representing British Land, addressed the Sub-Committee in support of the application.

Bruce Blair, representing Sheldon Square Residents’ Association, addressed the Sub-Committee in objection to the application.

John Zamit, representing John Walton of the Paddington Residents Active Concern on Transport (PRACT), addressed the Sub-Committee in objection to the application.

Councillor Max Sullivan, in his capacity as Deputy Cabinet Member for City Management and Air Quality, addressed the Sub-Committee to raise concerns over the application.

RESOLVED UNANIMOUSLY:

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

a)    Condition 21, Operational Management Plan, being amended to include measures to reduce HGV idling at the site;

b)    Amend the wording of Condition 20 (the cycle spaces condition)  to reflect the amended offer of 58 secure cycle spaces for the B8 use plus the 2 short stay cycle spaces .In addition to the 58 spaces , the applicant within 3 months of occupation will submit for the Council’s approval an employee cycle study demonstrating the demand for cycle parking and if additional spaces are required , these must be provided within the B8 use within 3 months of the approval of the employee cycle parking study and the cycle storage be available at all times to everyone using the building .

c)     An additional informative requesting the applicant to consult with the South East Bayswater Residents’ Association (SEBRA), Paddington Residents Active Concern on Transport (PRACT) and the Sheldon Square Residents’ Association when drafting the Operational Management Plan;

d)    An additional informative requesting that HGV vehicles using the site to be euro emissions compliant; and

e)    Completion of a Section 106 Legal Agreement to secure the following:

                                              i.        Provision of a financial contribution of £232,554 (index linked) to provide employment, training and skills development for local residents, provided prior to commencement of development;

                                             ii.         The provision of an Employment and Skills Plan;

                                            iii.        Highways works necessary to facilitate the proposed development to provide cycle infrastructure improvements to the Harrow Road gyratory, which provides access and egress to the site. The works shall be completed prior to first occupation of the development.

                                           iv.        Payment of a contribution of £1m towards cycle infrastructure improvements for the development, within the vicinity, prior to commencement of use. In consultation and agreement with the councils Director of City Highways, within 6 months of commencement, the submission of a cycle impact and safety assessment setting out areas where and how the £1m would be best spent. The assessment will include estimated costs and an implementation strategy. Should any of the works not be implemented within 3 years following commencement, the City Council will refund any unspent monies

                                             v.        Provision of a financial contribution of £189,905 to the Carbon Offset Fund (index linked) payable prior to the commencement of development;

                                           vi.         Be seen energy monitoring; and

vii.     The costs of monitoring the S106 legal agreement.

2.       That if the S106 legal agreement had not been completed within six weeks of the date of the Sub-Committee’s resolution, then:

a)        The Director of Town Planning and Building Control should consider whether it would be possible and appropriate to issue the permission with additional conditions attached to secure the benefits listed above. If so, the Director of Place Shaping and Town Planning 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 the proposals were unacceptable in the absence of the benefits which would have been secured; if so, the Director of Place Shaping and Town Planning was authorised to determine the application and agree appropriate reasons for refusal under Delegated Powers.