Agenda item

Demolition of existing buildings and mixed use redevelopment comprising a commercial cube providing up to 50,000 sqm (GEA) floorspace of office/commercial uses, retail and café/restaurant uses at lower levels and top floor level, a retail/restaurant building on Praed Street; a new major piazza including pedestrianisation of London Street, a new access road between Winsland Street and Praed Street, hard and soft landscaping, new underground station entrance and new Bakerloo Line Ticket Hall; and associated infrastructure and interface highway and transport works for underground connections, and ancillary works.

 

Additional representations were received from:

 

1.    Email from TFL dated 28.11.2016 & letter dated 01.12.2016

2.    Letter from Imperial College Healthcare NHS Trust dated 1.12.2016 & 02.12.2016

3.    Letter from Councillor Cox dated 30.11.2016

4.    Letter from PRACT dated 01.12.2016

5.    Letter from Paddington Now dated 01.12.2016

6.    Email from SEBRA dated 02.12.2016

7.    Memo from Arboricultural Officer dated 28.11.2016

8.    Response from occupier of 32 Bathurst Mews dated 28.11.2016 (S)

9.    Response from the occupier of 27 Leinster Square dated 28.11.2016 (O)

10.Response from the occupier of 95 Gloucester Mews West dated 30.11.2016 (O)

11.Response from the occupier of Craven Road (no number given) dated 30.11.2016 (O)

12.Response from the occupier of 23 Leinster Mews dated 30.11.2016 (S)

13.Response from the occupier of Flat 46 Corringham, 13-16 Craven Hill Gardens dated 30.11.2016 (O)

14.Response from Skyline Campaign dated 30.11.2016 (O)

15.Response from the occupier of Burnwithian Stick Hill Edenbridge dated 30.11.2016 (S)

16.Response from the occupier of 74 Brampton Road St Albans dated 30.11.2016. (S)

17.Response from Dandi Living Limited dated 01.12.2016 (S)

18.Response from the occupier of 17 Burrard Road dated01.12.2016 (O)

19.Response from the occupier of 3 Hatherley Gardens dated 01.12.2016 (O)

20.Response from the occupier of 27 Coniston Court dated 01.12.2016 (O)

21. Response from the occupier of 59 Lancaster Mews dated 01.12.2016 (O)

22.Response from the occupier of  Holly Lodge Mansions, Highgate dated 01.12.2016 (O)

23.Response from the occupier of Ground floor flat, 79 Westbourne Terrace 01.12.2016 (O)

24.Response from the occupier of Flat 1, 169-173 Malden Road 01.12.2016 (O)

25.Response from the occupier of  W10 6AS dated 02.12.2016 (S)

26.Response from the occupier of 16 Cleveland Square dated 02.12.2016 (O)

27.Responses (x2) from the occupiers (x2) of 150 Gloucester Terrace dated 02.12.2016 (O)

28.Response from the occupier of 166A Gloucester Terrace dated 02.12.2016 (O)

29.Response from the occupier of  Apartment 34, 11 Harbet Road dated 02.12.2016 (O)

30.Response from the occupier of 18 Westbourne Terrace  dated 02.12.2016 (S)

31.Response from the occupier of Basement Flat 98 Westbourne Terrace dated 02.12.2016 (O)

32.Response from the occupier of 43 Penwortham Road London dated 02.12.2016 (S)

33.Response from the occupier of The Mount dated 02.12.2016 (S)

34.Response from the occupier of 46 Eaton House dated 02.12.2016 (S)

35.Response from the occupier of 98 Westbourne Terrace dated 02.12.2016 (O)

36.Response from the occupier of 33 Manchester Street London dated 01.12.2016 (S)

37.Response from the occupier of  65 Shirland Road dated 01.12.2016 (O)

38.Response from the occupier of Flat 1a, 27 John Adam Street London dated 01.12.2016 (S)

39.Response from the occupier of  Kings College School dated 01.12.2016 (S)

40.Response from the occupier of 30 Harbord Street dated 01.12.2016

41.Letter from Applicant (with attached brochure) dated 02.12.2016

 

 

Late representations were received from:

 

1.    Revised officer recommendation & draft decision letter

2.    Email from Councillor Smith Dated 06.12.2016

3.    Email from Councillor Hug on behalf of the Labour group At dated 04.12.2016

4.    Email from Councillor Arzymanow dated 02.12.2016

5.    Letter from Imperial College Healthcare NHS Trust dated 02.12.2016

6.    Email from South East Bayswater Residents Association dated 02.12.2016

7.    Email from PRACT dated 02.12.2016

8.    Document from Applicant  dated December 2016

9.    Sofia Massey Cook dated 4.12.2016

10.David Ishack dated 5.12.2016

11.Louise Ward dated 4.12.2016

12.GutoHarri dated 4.12.2016

13.Carole Brown dated 3.12.2016

14.Jillian Dart dated 3.12.2016

15.Claire Tallis dated 3.12.2016

16.Richard Pidgeon dated 2.12.2016

17.Liz O’Brien dated 2.12.2016

18.EleonoraTijanic dated 2.12.2016

19.Frederico Di Natale dated 2.12.2016

20.Amy Stoddart dated 2.12.2016

21.MeriemRachdi dated 2.12.2016

22.Stuart Hamon dated 2.12.2016

23.Joseph Bazerghi dated 2.12.2016

24.AadamBahsoon dated 2.12.2016

25.Richard Michaels dated 2.12.2016

26.Nik Shah dated 2.12.2016

27.Leonard Bellam dated 2.12.2016

28.Katya Chelli dated 2.12.2016

29.Lottre Franklin dated 2.12.2016

30.Guy Milne dated 5.12.2016

31.Mike Davies dated 5.12.2016

32.Celia Davies dated 5.12.2016

33.Sellar Paddington Ltd dated 5.12.2016

34.Mahbubur Rahman dated 2.12.2016

35.Alison Russell dated 2.12.2016

36.Harriet Sanderson dated 2.12.2016

37.Catherine Rastgoow dated 2.12.2016

38.Broderick Munro Wilson dated 2.12.2016

39.Emma Salter dated 6.12.2016

40.Alex Tsangarides dated 6.12.2016

41.Nick Lawley dated 6.12 2016

42.Graham Davies dated 6.12.2016

43.Nicky Hessenberg dated 5.12.2016

44.Lee Evans dated 5.12.2016

45.Edward Marshall dated 6.12.2016

46.Geoffrey Salter dated 6.12.2016

47.Sophie Pemberton dated 6.12.2016

48.Mona Benjamin dated 6.12.2016

49.Emma Salter dated 6.12.2016

50.Waikay Chan dated 6.12.2016

51.Edward Cassels dated 6.12.2016

52.Howard Evans dated 6.12.2016

 

Councillor Antonia Cox addressed the committee in her capacity as a Ward councillor.

 

The presenting officer tabled the following changes (in bold and strikethrough) to the recommendation in addition to changes to the draft decision notice:

 

 

1. Grant conditional planning permission subject to the views of the Mayor of London, and subject to a S106 legal agreement to secure the following:-

 

1. a) Prior to commencement of development the developer to enter into a Development Agreement with TFL and submit a schedule of works associated with the interface between Paddington Bakerloo Line and the development which must be agreed by the City Council (in consultation with TFL and LUL and Network Rail) The development must be carried out in accordance with the schedule of works agreed and the Development Agreement.

 

 

1. b) Prior to occupation of any of the buildings above ground level, the developer to carry out structural works and to construct the station box to the Bakerloo Line ticket hall and the fit out works to the unpaid side of ticket barriers including all escalators, steps and lift access from concourse level and London Street/Praed Street level, in accordance with the approved drawings, (unless otherwise agreed in writing by the City Council in consultation with TFL and LUL and Network Rail) and thereafter provide a 999 year lease at peppercorn rent to TFL/LUL for operation of the station and public access through  and within the development to all public transport entrances/exits when public transport is operational.

 

2. The developer to pay £8.5m (index linked) towards Transport for London’s delivery of fit out works (to paid side of ticket barriers) to the new Bakerloo Line ticket hall.  To be paid to Transport for London on receipt of confirmation from Transport for London of their commitment to fund the remaining cost of fit out works and 3 months before the commencement of relevant fit out works.

 

3. The developer to meet the cost of funding the procurement, management and delivery (including all necessary consents) of the following works within Paddington Station, including namely; i) tunnels refurbishment, ii)redesign of servicing area to western end of platform 1; iii) removal and replacement of buffer stops and adjacent plant to platforms 11 & 12. 

 

4. The developer to fund a transport study by a steering group comprising WCC, TFL, NR & Crossrail of traffic management and servicing associated with the site and in its vicinity.  Including Eastbourne Terrace, Bishops Bridge (Harrow Road gyratory to Eastbourne Terrace), Praed Street (Craven Road to Norfolk Place), London Street (North), Winsland Street, Winsland Mews, Junction of London Street with South Wharf Road and proposed new road, Paddington Station Arrivals ramp.  The findings of the study to be implemented in agreement with the City Council & TfL at the developers cost.  The developer to fund the reasonable and proper costs of agreed and identified recommended measures to be implemented which relate specifically to the proposed development.

 

5. Developer to fund the cost of highways works immediately surrounding the site, required for the development to occur/mitigate the impact of the development and for the proper planning of the wider Paddington area.This is to include the revised offer put forward by the applicant to pay for the construction of the preferred access road for St Mary’s hospital are set out in the letter dated 5 December 2016 and to pay for the costs of temporary buildings on the St Mary’s site.

 

(For clarification purposes the above text in bold was approved by the Sub-Committee upon the approval of the minutes of the previous meeting held on 17 January 2017).

 

6. Developer to submit a servicing management plan, to minimise servicing movements within the public realm, including the area of the Paddington Station Arrivals ramp, for approval by the City Council and thereafter to carry out the development in accordance with the approved plan.

 

7.  Developer to provide and manage at their own cost all of the public realm works within the application site including associated street furniture, paving, landscaping, drainage, service diversions and thereafter maintain and manage the area including the area that is currently the Arrivals Road and allow 24 hours access for the general public via a walkways agreement to be submitted for approval.

 

8. Provision of vehicular and pedestrian public highway to the City Council’s adoptable standard from Praed Street to Winsland Street prior to closure of London Street and thereafter with 24 hours access. Details to be agreed by the City Council.

 

9. Provision of or cost of relocation/replacement/upgrade of east and west bound bus stops on Praed Street to TfL satisfaction and in line with 4 above.

 

10. Provision of or cost of relocation/replacement of cycle docking station and provision of vehicular access to and from it to allow manual redistribution of bikes within the site to TfL satisfaction and in line  with 4 above.

 

11. Provision of or cost of relocation/replacement and changes of on street car parking including blue badge car parking as part of 4 above

 

12. Provision of or cost of relocation/replacement of motorcycle parking within the site as part of 4 above

 

13. Provision of Public Art to the value of no less than £2,000,000 (index linked) and maintenance of public art thereafter at full cost to the developer.

 

14. Provision and maintenance of public access to i) the Cube's rooftop restaurant (Class A3); ii) external terrace and iii) projecting glass box/structure to provide free public viewing area and provision of a free public viewing area (details to be agreed later) at no cost to the public.

 

15. Financial contribution of £250,000 (index linked) as a payment in lieu of an on-site mini recycling facility

 

16. Financial contribution of £250,000 (index linked) as a payment in lieu of on-site social and community facility

 

17. Employment and Training Strategy

 

18. Cost of Monitoring the S106 legal agreement

 

19. Crossrail contribution of £4,326,820 (Mayoril Cil treated as a credit towards crossrail)

 

3.If the S106 legal agreement has not been completed within 3 MONTHS  from the date of the Committee's 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.

 

4. Grant conditional listed building consent and agree the reasons for granting listed building consent as set out in informative 1 of the draft decision letter.

 

5.That Committee authorises the making of a draft order pursuant to s247  of the Town and Country Planning Act 1990 for the stopping up of parts of the public highway and creation of new public highway to enable this development to take place.  That the Director of Planning, Executive Director of City Management , or other such proper officer of the City Council responsible for highway functions, be authorised to take all necessary procedural steps in conjunction with the making of the orders and to make the orders as proposed if there are no unresolved objections to the draft orders.  The applicant will be required to cover all costs of the Council in progressing the stopping up orders.

 

RESOLVED:

 

1.  That conditional planning permission be granted subject to:

 

A) The views of the Mayor of London,

 

B) A S106 legal agreement to secure the following:-

 

1. a) Prior to commencement of development the developer to enter into a development agreement with TFL and submit a schedule of works associated with the interface between Paddington Bakerloo Line and the development which must be agreed by the City Council (in consultation with TFL and LUL and Network Rail) The development must be carried out in accordance with the schedule of works agreed and the Development Agreement.

 

1. b) Prior to occupation of any of the buildings above ground level, the developer to carry out structural works and to construct the station box to the Bakerloo Line ticket hall and the fit out works to the unpaid side of ticket barriers including all escalators, steps and lift access from concourse level and London Street/Praed Street level, in accordance with the approved drawings, (unless otherwise agreed in writing by the City Council in consultation with TFL and LUL and Network Rail) and thereafter provide a 999 year lease at peppercorn rent to TFL/LUL for operation of the station and public access through  and within the development to all public transport entrances/exits when public transport is operational.

 

2. The developer to pay £8.5m (index linked) towards Transport for London’s delivery of fit out works (to paid side of ticket barriers) to the new Bakerloo Line ticket hall.  To be paid to Transport for London on receipt of confirmation from Transport for London of their commitment to fund the remaining cost of fit out works and 3 months before the commencement of relevant fit out works.

 

3. The developer to meet the cost of funding the procurement, management and delivery (including all necessary consents) of the following works within Paddington Station, including namely; i) tunnels refurbishment, ii)redesign of servicing area to western end of platform 1; iii) removal and replacement of buffer stops and adjacent plant to platforms 11 & 12. 

 

4. The developer to fund a transport study by a steering group comprising WCC, TFL, NR & Crossrail including PRACT and representatives from local amenity groups of traffic management and servicing associated with the site and in its vicinity.  Including Eastbourne Terrace, Bishops Bridge (Harrow Road gyratory to Eastbourne Terrace), Praed Street (Craven Road to Norfolk Place), London Street (North), Winsland Street, Winsland Mews, Junction of London Street with South Wharf Road and proposed new road, Paddington Station Arrivals ramp.  The findings of the study to be implemented in agreement with the City Council & TfL.  The developer to fund the reasonable and proper costs of agreed and identified recommended measures to be implemented which relate specifically to the proposed development.

 

5. Developer to fund the cost of highways works immediately surrounding the site, required for the development to occur/mitigate the impact of the development and for the proper planning of the wider Paddington area. This is to include the revised offer put forward by the applicant to pay for the construction of the preferred access road for St Mary’s hospital are set out in the letter dated 5 December 2016 and to pay for the costs of temporary buildings on the St Mary’s site.

 

6. Developer to submit a servicing management plan, to minimise servicing movements within the public realm, including the area of the Paddington Station Arrivals ramp, for approval by the City Council and thereafter to carry out the development in accordance with the approved plan.

 

7.  Developer to provide and manage at their own cost all of the public realm works within the application site including associated street furniture, paving, landscaping, drainage, service diversions and thereafter maintain and manage the area including the area that is currently the Arrivals Road and allow 24 hours access for the general public via a walkways agreement to be submitted for approval.

 

8. Provision of vehicular and pedestrian public highway to the City Council’s adoptable standard from Praed Street to Winsland Street prior to closure of London Street and thereafter with 24 hours access. Details to be agreed by the City Council.

 

9. Provision of or cost of relocation/replacement/upgrade of east and west bound bus stops on Praed Street to TfL satisfaction and in line with 4 above.

 

10. Provision of or cost of relocation/replacement of cycle docking station and provision of vehicular access to and from it to allow manual redistribution of bikes within the site to TfL satisfaction and in line  with 4 above.

 

11. Provision of or cost of relocation/replacement and changes of on street car parking including blue badge car parking as part of 4 above

 

12. Provision of or cost of relocation/replacement of motorcycle parking within the site as part of 4 above

 

13. Provision of Public Art to the value of no less than £2,000,000 (index linked) and maintenance of public art thereafter at full cost to the developer.

 

14. Provision and maintenance of public access to i) the Cube's rooftop restaurant (Class A3); ii) external terrace and iii) projecting glass box/structure to provide free public viewing area (details to be agreed later) at no cost to the public.

 

15. Financial contribution of £250,000 (index linked) as a payment in lieu of an on-site mini recycling facility

 

16. Financial contribution of £250,000 (index linked) as a payment in lieu of on-site social and community facility

 

17. Employment and Training Strategy

 

18. Cost of Monitoring the S106 legal agreement

 

19. Crossrail contribution of £4,326,820 (Mayoril Cil treated as a credit towards crossrail)

 

3.If the S106 legal agreement has not been completed within 3 MONTHS  from the date of the Committee's 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.

 

4. Conditional listed building consent be granted and the reasons for granting listed building consent as set out in informative 1 of the draft decision letter be agreed.

 

5.That Committee authorises the making of a draft order pursuant to s247  of the Town and Country Planning Act 1990 for the stopping up of parts of the public highway and creation of new public highway to enable this development to take place.  That the Director of Planning, Executive Director of City Management , or other such proper officer of the City Council responsible for highway functions, be authorised to take all necessary procedural steps in conjunction with the making of the orders and to make the orders as proposed if there are no unresolved objections to the draft orders.  The applicant will be required to cover all costs of the Council in progressing the stopping up orders.