Agenda item

Application 1: Temporary use of cleared site at 5 Kingdom Street for two year period as restaurants (Class A3) and bar (Class A4) and erection of a temporary two storey building, with temporary access arrangements from Kingdom Street and Westbourne Bridge Road.

Application 2: Display of 2 non-illuminated hoarding signs measuring 2.4m x 55m, 1 internally illuminated sign measuring 1.5m x 5m, 1 internally illuminated sign measuring at 1.2m x 4m, and 1 internally illuminated sign measuring 0.5m x 2m.

The Committee was advised in the additional papers that there were amendments to the Recommendation and Draft Decision Notice as follows:

Condition 3

With the exception of the new walkway (as shown on drawing 151 E), customers shall not be permitted within the site before 07:00 or after 23:00 hours Monday to Friday Saturday and before 07:00 or after 22:30 on Sundays and Bank Holidays.

Condition 8

From:

You must apply to us for approval of details of how waste is going to be stored on the site and how materials for recycling will be stored separately.  You must not start work on the relevant part of the development until we have approved what you have sent us.  You must then provide the stores for waste and materials for recycling according to these details, clearly mark the stores and make them available at all times to everyone using the site.

To:

Before anyone moves into the property, you must provide the separate stores for waste and materials for recycling shown on drawing number 150 Rev D.  You must clearly mark them and make them available at all times to everyone using the site.

Additional representations were received from Highways Planning Dept, Westminster City Council (16.02.17), Metropolitan Police Service (16.02.17) and CBRE Ltd (16.02.17).

The Presenting Officer tabled the following amendments to the Recommendation and Draft Decision Notices:

16/12331/FULL

AMEND condition 1 (which is a duplicate of condition 2) to:

“1         The development hereby permitted shall be carried out in accordance with the drawings and other documents listed on this decision letter, and any drawings approved subsequently by the City Council as local planning authority pursuant to any conditions on this decision letter.

REASON: For the avoidance of doubt and in the interests of proper planning.”

AMEND condition 4 to state:

“4         Before the use is commenced, you must provide an updated Operational Strategy Statement to include the following details:

i) how guests departing from the site will be managed;

ii) sound monitoring and limiting for both people using the site and from vehicles servicing the site.

The use must then operate in accordance with the approved strategy statement.”

AMEND condition 5 to include the A4 use:

“5         You must not sell any take-away food or drink on the premises, even as an ancillary part of the primary Class A3/A4 use.  (C05CB)”

AMEND condition 7:

“7         All servicing shall take place from within Paddington Central and not from the highway in accordance with the Operational Statement hereby approved (or as subsequently updated in accordance with condition 4).”

ADDITIONAL condition 14:

“14      You must provide level access for people with disabilities as shown on the approved drawing(s) and as outlined in the cover letter from CBRE dated 30 December 2016 before the use commences.

            REASON: To make sure that there is reasonable access for people with disabilities and to make sure that the access does not harm the appearance of the building, as set out in S28 of Westminster's City Plan (November 2016) and DES 1 (B) of our Unitary Development Plan that we adopted in January 2007.  (R20AC)”

16/12332/ADV

AMEND condition 1:

“1         The hoarding adverts can stand from 21 February 2017 to 31 December 2017. You must then remove it them without delay.  (C04CA)”.

Late representations were received from Principal Policy Officer, Westminster City Council (20.02.17) and John Zamit, Chairman of South East Bayswater Residents’ Association (21.02.17).

RESOLVED:

1.         That conditional permission be granted for a temporary period of two years until 31 December 2018, subject to:

i)       The amendments to the Recommendation and Draft Decision Notices as set out above;

ii)            An additional condition that a review of the Operational Statement shall take place after the first year has elapsed (December 2017) and the wording of this condition to be cleared via the Chairman;

iii)           An additional informative that if any complaints are received in respect of the use of the site this matter will be reported to the Committee; and

iv)           An additional informative that the applicant is advised to keep a log of any complaints received.

2.         That conditional advertisement consent be granted for a temporary period of two years and therefore amend the wording of Condition 1 above to 31 December 2018, subject to the amendments to the Recommendation and Draft Decision Notices as set out above.