Agenda item

Partial demolition, refurbishment and extension of the existing building comprising removal of the Berners Street facade and stepped rear extensions at third to seventh floor levels; creation of external terraces; removal of existing mews storage unit and infilling to mews building; recladding of facades; installation of new plant equipment; new cycle parking and facilities; and associated works. Use of the building for office use (Class E) (excluding ground floor front) and/or provision of retail (Class E), restaurant (Class E), cafe (Class E) / gallery (Class F1) and/or wine bar / drinking establishment use (Sui Generis) at ground floor, and use of part lower ground (front) as flexible retail (Class E), restaurant (Class E), gallery (Class F1), wine bar / drinking establishment (Sui Generis), medical (Class E), office (Class E) or gymnasium (Class E).

Additional representations were received from Gerald Eve (26.04.23) and Kajima (undated).

The planning officer tabled the following amendments to the resolution and conditions:

Revised resolution

1)        Grant conditional permission subject to a legal agreement to secure the following:

a)        A financial contribution of £90,481 (index linked) towards the Carbon 0ff-Set Fund (payable prior to commencement of development).

Revised Condition 16

a) You must apply to us for approval of an independent review of the environmental sustainability features (environmentally friendly features) of the development before you start any work on 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 the development is expected to achieve an "outstanding"  “excellent” rating under BREEAM UK New Construction 2018. If you use another method, you must achieve an equally high standard.

b) You must apply to us for approval of details of a post construction stage report which demonstrates that the development meets an "outstanding"  “excellent” rating under BREEAM UK New Construction 2018. This report shall be submitted to us within 6 months of the occupation of any part of the building. If you use another method, you must achieve an equally high standard.

Revised Condition 26

i)      In the event that the ground floor and lower ground floor unit(s) shown in blue and red on drawings (00)P100 P01 and (00)P099 P02 are used as restaurant, cafe, and/or as a wine bar / drinking establishment, no customers shall be allowed on the premises other than between 07:00 and 00:00 Mondays to Thursdays, 07.00 and 00:30 Fridays and Saturdays and 09:00 and 22:30 Sunday and bank holidays.

ii)   In the event that the ground floor and lower ground floor unit(s) shown in blue and red on drawings (00)P100 P01 and (00)P099 P02 are used for retail or gallery purposes, no customers shall be allowed on the premises other than between 07:00 to 23:00 daily.

iii) In the event that the lower ground floor units shown in red on drawings (00)P099 P02 are used for medical purposes, no patients are permitted on the premises before 07:00 or after 22:00 daily.

iv) In the event that the lower ground floor units shown in red on drawings (00)P099 P02 are used for indoor sports/recreation or fitness purposes, no customers are permitted on the premises before 08:00 07:00 or after 22:00 daily.

John Harcourt, representing Kajima Properties, addressed the Sub-Committee in support of the application.

RESOLVED UNANIMOUSLY:

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

i)                An additional informative requesting the applicant to explore ways of reducing anti-social behaviour on Berners Mews; and

ii)               A legal agreement to secure the following:

a)        A financial contribution of £90,481 (index linked) towards the Carbon 0ff-Set Fund (payable prior to commencement of development).

b)        Undertaking of highways works within the vicinity of the site, including the re-instatement of footway in place of redundant vehicle crossover and the replacement of pavement lights and associated works along the Berners Mews frontage. Highway works to be completed prior to the re-occupation of the development (if undertaken by the owner).

c)        The submission of the 'Be Seen' energy performance indicators for the development (with confirmation to the City Council) in accordance with the Be Seen Guidance via the Mayor of London's Energy Monitoring Portal.

d)        A financial contribution of £33,020 (index linked) to support the Westminster Employment Service (payable prior to commencement of development).

e)        The costs of monitoring the agreement.

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

a)        The Director of Place Shaping and Planning 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 Place Shaping and Planning was authorised to determine and issue the decision under Delegated Powers; however, if not;

b)        The Director of Place Shaping and Planning 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 Place Shaping and Planning was authorised to determine the application and agree appropriate reasons for refusal under Delegated Powers.