Agenda item

Demolition of mews buildings at 28 and 29 Devonshire Mews West and lower ground and ground floor link building at the rear of 141 Harley Street and the erection of new building to include a three storey basement to the rear of the site in connection with the use of the 141 Harley Street and the lower ground and ground floor of 143 Harley Street for Class D1 medical purposes; installation of a new passenger lift to the rear of 141 Harley Street and installation of plant. (Site includes excavation part way under the pavement of Devonshire Mews West and use swap with 126 Harley Street).

Additional representations were received from Councillor Paul Dimoldenberg (12.10.2016) and Nick Campsie (12.10.2016 and 14.10.2016).

Late representations were received from Councillors Iain Bott, Karen Scarborough and Ian Rowley (15.10.2016) and Howard de Walden Estate (14.10.2016).

The presenting officer tabled the following amendment to condition 9:

The design and structure of the development shall be of such a standard that it will protect residents within the same building or in adjoining buildings from noise and vibration from the development, so that they are not exposed to noise levels indoors of more than 35 dB LAeq 16 hrs daytime and of more than 30 dB LAeq 8 hrs in bedrooms at night. Particular attention shall be given to the issues of low frequency noise and vibration through structure-borne pathways and the design and mitigation shall also ensure that room modes (standing waves) are not created within neighbouring residential dwellings as a result of low frequency noise from the substation.

RESOLVED:

1.         That it be agreed that the proposal’s potential to complement and enhance the character and function of the Harley Street Special Policy Area justifies an exception being made to the limits on depth and projection under the highway set out in the basement policy.

2.         That Subject to 1. above, that conditional permission be granted, subject to an amendment to condition 9 as set out above and a Section 106 legal agreement to secure the following:

i)             Works shall not commence on site until planning permission has been secured to replace the shortfall in residential floorspace (minimum 215.6 sqm GEA) at an alternative site, as part of the overall land use package including the current application site and 126 Harley Street;

ii)             The medical use hereby approved shall not be occupied until the shortfall in new/additional residential floorspace has been provided at an alternative site and been made ready for occupation. 

3.         That if the Section 106 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 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 Planning is authorised to determine and issue the decision under Delegated Powers; however, if not;

b) The Director of Planning shall consider whether the permission should be refused on the grounds that the proposals are unacceptable in the absence of the benefits which 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.

4.         That conditional listed building consent be granted.

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

6.         That the Council’s Code of Construction Practice Team be asked to approach the applicant to ensure that all spoil is removed via Harley Street, or as much soil as is practically possible.

Councillor Boothroyd requested that his dissent against approving the application be recorded.