Agenda and minutes

To note any changes to the membership.

1.1       It was noted that Councillors Glanz and Mohindra had replaced Councillors Hyams and Rigby.

To receive declarations by members and officers of the existence and nature of any personal or prejudicial interests in matters on this agenda.

2.1      Councillor Andrew Smith explained that a week before the meeting, all four Members of the Committee were provided with a full set of papers including a detailed officer’s report on each application; together with bundles of every single letter or e-mail received in respect of every application, including all letters and e-mails containing objections or giving support. Members of the Committee read through everything in detail prior to the meeting. Accordingly, if an issue or comment made by a correspondent was not specifically mentioned at this meeting in the officers’ presentation or by Members of the Committee, it did not mean that the issue had been ignored. Members will have read about the issue and comments made by correspondents in the papers read prior to the meeting.

2.2       Councillor Mohindra declared that in respect of Item 4 he worked in the vicinity of the application site however he did not consider this a prejudicial interest.

2.3       Councillor Barbara Grahame declared that in respect of Item 5 she lived in the Abbey Road Ward but not near to the site.

To sign the minutes of the last meeting as a correct record of proceedings.

3.1      RESOLVED: That the Chairman sign the minutes of the meeting held on 7 November 2017 as a correct record of proceedings.

Applications for decision

Demolition of existing 4th floor mansard and rear 2nd floor extension,

alterations including the erection of a replacement 4th floor mansard and

2nd and 4th floor rear extension, new entrance in connection with dual

alternative use of part basement and part ground floor as a retail shop

(Class A1) or restaurant (Class A3), use of the upper floors as offices

(Class B1) and a residential flat (Class C3) at 4th floor level.

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

Revised Condition 24:

You must apply to us for approval of a management plan which should include the number of covers and as a minimum should show how you will prevent customers who are leaving the building from causing nuisance for people in the area, including people who live in nearby buildings. You must not start the restaurant use until we have approved what you have sent us. You must then carry out the measures included in the management plan at all times that the restaurant is in use.

Additional Informative:

Under Part 3, Class V of Schedule 2 of the Town and County Planning (General Permitted Development) (England) Order 2015, the part basement and part ground floor can change between the retail (Class A1) and restaurant (Class A3) uses we have approved for 10 years without further planning permission. However, the actual use 10 years after the date of the planning permission will become the authorised use, so you will then need to apply for permission for any further change.

RESOLVED:

That conditional permission, as amended, be granted subject to:

1)    Condition 21 being amended to read “You must not operate a delivery service, or permit such a service to operate, from the restaurant premises.”; and

2)    Condition 24 being amended to include staff leaving the premises to smoke.

Variation of Condition 1 of the planning permission dated 20 December 2016 (RN: 16/09946/FULL) for use of basement room as retail accommodation (Class A1) with refurbishment and internal and external alterations, including new shopfronts and pumps, in connection with existing petrol station use at ground floor level. NAMELY, to amend replace a spiral staircase between the ground and basement floors of the retail unit with an L-shaped stairwell, extend the external staircase and landing between the forecourt and retail unit and introduce a night hatch in the shop front.

RESOLVED:

1.            That conditional permission and conditional listed building consent be granted; and

2.            That the reasons for granting conditional listed building consent as set out in Informative 1 attached to the draft decision letter be agreed.

Removal of Condition 11 of planning permission dated 4 January 2017

(RN: 16/10749/FULL) for variation of Condition 11 of planning permission dated 26 October 2016 (RN: 16/08788/FULL) for variation of Conditions 1 and 8 of planning permission dated 14 October 2014 (RN: 14/08005/FULL) for erection of mansard roof extension with pitched end elevations and dormer windows to front (south west) elevation and dormer doors with Juliet balcony to (south east) elevation to enlarge existing dwellinghouse; namely, to allow the sill levels of windows and doors to the south west and south east elevations to be raised and reduce the extent of the obscured glazing to the French doors at second floor level to a strip across the middle and upper parts of the doors. NAMELY, to allow the French doors to the front elevation at second floor level to be clear glazed.

Additional representations were received from Mr Harold Pasha (22/11/17) and Brecher Solicitors (16/05/17).

RESOLVED:

That conditional permission be refused on the grounds it would have an unacceptable impact on the amenity of neighbouring residents in terms of overlooking and loss of privacy.

Use of an area of public highway on the Berkeley Square frontage measuring 0.92m x 19m for 20 banquette seating spaces, 10 tables, 6 moveable planters and a waiter station in association with the ground floor use.

A late representation was received from Caprice Holdings Ltd (Undated).

RESOLVED:

That conditional permission be granted for a temporary period of one year.

Replacement of rear first floor window with a glazed door and erection of new privacy screen on first floor level flat roof at boundary with No.51 Springfield Road in connection with the use of the roof as a terrace.

RESOLVED:

That conditional permission be granted.

Use of hard paved area outside Unit 1 adjacent to the canal basin for the placing of 31 tables, 112 chairs and 6 free standing umbrellas in connection with the use of Unit 1 as a bar/ restaurant.

RESOLVED:

That conditional permission be granted for a temporary period of one year.