Agenda item

Use of part basements, part ground and part first to eleventh floor levels as a hotel (Class C1) comprising up to 740 bedrooms; erection of entrance canopy on Shaftesbury Avenue and plant enclosures at levels 07 to 11 and associated works; erection of roof extensions, plant, pool and terraces at levels 12 and 13 for use as a restaurant and bar (Class A3 and A4).

Additional representations were received from Savills (28.2.18) and Nimax theatres Ltd (1.3.18).

Late representations were received from Shaftesbury Plc in the form of a brochure for the proposed development (5.3.18), Rolfe Judd Planning (5.3’s.18) and R.G.G Howard (6.3.18) .

The presenting officer tabled the following changes to the draft decision letter:

(changes in bold):

Condition 24

No music or amplified sound played on the roof top terrace areas shall be audible outside the nearest noise sensitive property at any time.

Reason

To protect neighbouring residents and theatres from noise nuisance, as set out in CS23, CS28 and CS31 of our Core Strategy that we adopted in January 2011 and ENV 6 of our Unitary Development Plan that we adopted in January 2007.R13BC)

Informative 7

With reference to condition 30 please refer to the Council's Code of Construction Practice at (https://www.westminster.gov.uk/code-construction-practice). You will be required to enter into the relevant Code appropriate to this scale of development and to pay the relevant fees prior to starting work. The Code does require the submission of a full Site Environmental Management Plan or Construction Management Plan as appropriate 40 days prior to commencement of works (including demolition).  You are expected to include a clause prohibiting noisy works between 14.30 and 17.15 on Wednesdays. These documents must be sent to environmentalsciences2@westminster.gov.uk.

Appendix A or B must be signed and countersigned by Environmental Sciences prior to the submission of the approval of details of the above condition.

You are urged to give this your early attention

RESOLVED:

1.            That conditional permission be granted subject to:

A)    a S106 legal agreement to secure the following:

i.    The costs of implementing revisions to the traffic order to provide a shared coach and loading bay on Rupert Street and crossover works into the proposed loading bay;

ii.   to enable revisions to the shared coach and loading bay in Rupert Street if the public realm works take place in Rupert Street;

(wording to be agreed in consultation with the chairman)

iii.  A Crossrail payment;

iv.  An employment and training strategy for the demolition, construction and operational phases of the development;

v.   S106 monitoring costs.

B)   The changes to the draft decision letter as tabled and set out above.

C)   Amending condition 25 to permit the roof top restaurant/bar opening at 7.00 am.

D)   An additional condition reserving landscaping to secure improved greening on the terrace roof

E)   An operational management plan for the sky bar/restaurant which is secured by condition must be referred back to the Sub-Committee for consideration and agreement.

F)   Reserving details in respect of the management of coach parking.

G)  Additional informatives regarding (i) better liaison with the neighbouring theatres, (ii) that the bar in the rooftop restaurant must be ancillary to the restaurant use, (iii) that members were concerned about how the sky bar will operate and the measures to be put in place to mitigate this and (iv) that members would welcome the incorporation of CCTV in the hotel.

            2.         If the S106 legal agreements 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

            3.         That conditional listed building consent be granted.

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