Agenda item

Demolitionoftheexistingbuildingsand redevelopmentofsiteto provide84 bedcare home(UseClassC2) and31 self-containedresidentialflats(ClassC3). Thenewbuildingispartfiveandpartfourstorieshigh,set overlowergroundandfourupperlevelsand includesbalconies/terracesto thefrontandrear.Newpodiumdeckandassociatedlandscapingandgardensatrear lowergroundanduppergroundfloorlevels.Associatedalterations

 

The presenting officer tabled the following changes to the recommendation and draft decision notice:

 

Amendments to Recommendation and Draft Decision Notice.

 

AMEND recommendation:

 

1. Grant conditional permission under Regulation 3 of the Town and Country Planning General Regulations 1992, subject to the satisfactory completion of a Section 106 legal agreement Unilateral Undertaking to secure the following:

 

a) Provision of affordable housing in the form of 40 care bedrooms (equating to 1120sqm GEA) for the elderly (Class C2), to occupants who have been means tested by the City Council and satisfy the Council’s funding criteria (as set out in section 8.1.4).

 

b) Not to occupy the self-contained residential units until practical completion of the care home.

 

c) Highways works to facilitate the proposed development and including vehicular crossovers, reinstatement of redundant crossovers and paving.

 

d) Car park strategy including car parkingspaces on an unallocated basis for a minimum of 13 spaces for the new development and on an allocated basis for a maximum of 11 spaces for Oak Tree House.

 

e) A financial contribution of £49,626 towards Carbon Offset Projects (index linked and payable on commencement).

 

f) Lifetime (25 years) Car club membership for the 31 self-contained residential units.

 

g) Employment training and apprenticeships opportunities for residents of Westminster

 

h) The provision of the community activity room fitted out to category B with a peppercorn rent.

 

i) The costs of monitoring the S106 agreement.

 

2. If the S106 legal agreement Unilateral Undertaking has not been completed within six weeks from of 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.

 

 

AMEND condition 16

 

You must apply to us for approval of detailed drawings (plans, sections and elevation) of the following parts of the development - a privacy screen around the podium level on the frontages facing Oak Tree House. You must not start any work on these parts of the development until we have approved what you have sent us.

 

You must then carry out the work according to these drawings and retain it thereafter.  (C26DB)

 

AMEND condition 17

 

You must apply to us for approval of details, in consultation with the Designing Out Crime Officer, of the proposed security measures. You must not occupy any part of the development until we have approved what you have sent us. You must then retain these measures.

 

 

AMEND condition 21

 

Prior to occupation of the development a minimum of 20% of the car parking spaces shall be provided with to have electric vehicle points available for use within the basement car park and thereafter maintained in working order.

 

 

AMEND condition 22

 

You must provide each car parking space shown on the approved drawings and each car parking space shall only be used for the parking of vehicles of people living in either the residential part of this development or Oak Tree House. The two unnumbered car parking spaces labelled ‘Care Home parking / turning area / service bay’ shall only be used by the Care Home. (C22BA)

 

 

AMEND condition 37

 

You must not use the community activity room (Class D1) floorspace hereby approved for any other purpose and until further details of the proposed occupier / operation of the floorspace have been submitted to and approved by us in writing. The further details shall include information on the nature of the Class D1 use, hours of use, numbers of staff and customers/visitors and indicative layout plans for the premises. The Class D1 use must thereafter operate in accordance with these details.

 

 

ADDITIONAL condition 39

 

Before you begin to use the Care Home, you must apply to us for approval of a Travel Plan. The Travel Plan must include details of:

(a)  A comprehensive survey of all staff;

(b)  Targets set in the Plan to reduce car journeys to the care home;

(c)  Details of how the Travel Plan will be regularly monitored and amended, if necessary, if targets identified in the Plan are not being met over a period of 5 years from the date the new Care Home are occupied.  Report monitoring should include visitors and targets for reducing their car journeys to the site.

 

At the end of the first and third years of the life of the Travel Plan, you must apply to us for approval of reports monitoring the effectiveness of the Travel Plan and setting out any changes you propose to make to the Plan to overcome any identified problems.  Report monitoring should include visitors and targets for reducing their car journeys to the site.

 

Reason: In the interests of public safety, to avoid blocking the surrounding streets and to protect the environment of people in neighbouring properties as set out in S41 of Westminster's City Plan (November 2016) and TRANS 2, TRANS 3 and TRANS 15 of our Unitary Development Plan that we adopted in January 2007. 

 

Late representations were received from Delaware Mansions Ltd (10/3/17) Mary Dwarka (12/3/17) Marianne Wilkerson (13/3/17) and Ray Fuller (14/3/17).

 

Councillor Jan Prendergast addressed the committee in her capacity as a Ward councillor.

 

 

RESOLVED:

 

1.  That conditional permission be granted under Regulation 3 of the Town and Country Planning General Regulations 1992, subject to:

 

A) the satisfactory completion of a Unilateral Undertaking to secure the following:

 

a) Provision of affordable housing in the form of 40 care bedrooms (equating to 1120sqm GEA) for the elderly (Class C2), to occupants who have been means tested by the City Council and satisfy the Council’s funding criteria (as set out in section 8.1.4).

 

b) Not to occupy the self-contained residential units until practical completion of the care home.

 

c) Highways works to facilitate the proposed development and including vehicular crossovers, reinstatement of redundant crossovers and paving.

 

d) Car park strategy including car parkingspaces on an unallocated basis for a minimum of 13 spaces for the new development and on an allocated basis for a maximum of 11 spaces for Oak Tree House.

 

e) A financial contribution of £49,626 towards Carbon Offset Projects (index linked and payable on commencement).

 

f) Lifetime (25 years) Car club membership for the 31 self-contained residential units.

 

g) Employment training and apprenticeships opportunities for residents of Westminster

 

h) The provision of the community activity room fitted out to category B with a peppercorn rent.

 

i) The costs of monitoring the S106 agreement.

 

B) amendments to the draft decision notice as tabled and set out above.

 

C) an additional informative regarding the desirability of the community room being used for creche facilities.

 

2. If the Unilateral Undertaking has not been completed within six weeks from of 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.

 

The committee also requested that the Executive Director for City Management & Communities explore two-way working to Delaware Road/Elgin Avenue junction.