Agenda item

Demolition of existing building and redevelopment to provide a building of three blocks separated by landscaped areas (Block A - comprising ground and nine upper floors, Block B - ground and three upper floors and Block C - ground and three upper floors, each with basement and sub-basement) to provide up to 105 residential units, a petrol filling station, a mix of retail (Class A1)/ restaurant (Class A3)/ drinking establishment (Class A4)/ office (Class B1)/ non-residential institution (Class D1) and assembly and leisure (Class D2) floorspace, and 46 residential parking spaces with associated plant space across sub-basement, basement and ground floor levels.

Additional representations were received from Richard Buxton, Environmental and Public Law (10.6.2015), Roger Allen, Holcroft Court Residents Association (10.6.2015 & 12.6.2015), Michael Loizou (10.6.2015) and Dukelease (10.6.2015).

Late representations were received from GLA (2.6.15), Roger Allen, Holcroft Court Residents Association (14/6/15, 15/6/15 and 16/6/15), Michael Loizou (12/6/15), Linus Rees, Fitzrovia Neighbourhood Association (15/6/15), Howard Kennedy (16/6/15) and ward members for Marylebone High Street (16/6/15).

Councillor Iain Bott addressed the committee on the behalf of the Marylebone High Street ward councillors.

RESOLVED:

1.       The Committee considered that the proposed financial contribution of        £30,000 towards the All Souls Clubhouse was unacceptable and asked for the £123,930 carbon offset payment to be diverted and added to the £30,000 for social and community provision. Details of how this can be spent to be prescribed in the section 106 agreement and shall include the capital costs of refurbishment and improvement as well as revenue costs.

2.       Subject to 1. above, and referral to the Mayor of London, conditional permission be granted subject to:    

A)      the completion of a S106 legal agreement to secure the following:

i)      Provision of 15 on-site affordable housing intermediate rent units in   perpetuity;

ii)     A financial contribution of £4,629,000 towards the Council's affordable         housing fund;

iii)     Compliance with the City Council's Code of Construction Practice and submission of a CEMP (Construction Environmental Management Plan) to an annual cap of £30,000;

iv)    A £159, 930 financial contribution towards social/community provision;

v)     Costs of highways works around the site to facilitate the development (including paving, dropped kerbs, raised crossing etc),

vi)    Provision of car club membership for residents of the building for 25 years;

vii)    Replacement of trees on Cleveland Street;

B)     a condition requiring parking provision to be 100% unallocated.

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

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

b)     The Director of Planning shall consider whether 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 Planning is authorised to determine the application and agree appropriate reasons for refusal under Delegated Powers.

Councillor Grahame dissented to the decision on the grounds that the affordable housing contribution was not, in her view, policy compliant.