Agenda and minutes

To note any changes to the membership.

1.1       There was no change to membership.

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 Tony Devenish 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 Devenish also declared that in respect of item 13, he knew staff at Policy Exchange who had made a representation.

2.3       Councillor Jonathan Glanz declared that he knew various amenity and residents’ groups as he has encountered many of them and their main figures over the years, including South East Bayswater Residents Association, The Marylebone Association, The St Marylebone Society and those in his Ward. Councillor Glanz thenmade the following declarations as they related to the specific applications on the agenda:

Item 7 – that the application was in his ward.

Item 8 – that the application was in his ward.

Item 13 - that he knew Dean Godson and some other staff at Policy Exchange who had made a representation.

2.4       Councillor Jason Williams declared that in his capacity as a Ward Councillor he is approached regarding planning applications, however he does not comment or specify a view on them. Councillor Williams also declared that he is a Member of Belgravia Neighbours Forum as part of his duties as a Ward Councillor.

2.5       Councillor Angela Harvey declared that any members or former members who had or would make representations were her friends. Councillor Harvey then made the following further declarations as they related to the specific applications on the agenda:

Item 2 – that she had received hospitality at Lords Cricket Ground when she had been Lord Mayor.

Item 13 – that she knew staff at Policy Exchange who had made a representation.

Item 14 – that one of the objectors was a CityWest Homes tenant, of which she was a non-Executive Director on the Board.

Councillor Angela Harvey regarded none of the above as a personal or prejudicial interest, however she had made these declarations for clarity.

2.6       Councillor Gotz Mohindra declared that in respect of item 2, he had recevied hospitality from Lords Cricket Ground whilst carrying out his duties as a Ward Councillor.

Before considering the applications on the agenda, the Chairman stated that the publication of the reports and agenda for this meeting were delayed due to the absence of key administrative staff, which meant that the required 5 days’ notice had not been achieved for the publication of the reports and the agenda.  ...  view the full minutes text for item 2.

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

3.1       That the minutes of the meeting held on 29 September 2015 be signed by the Chairman as a correct record of proceedings.

Report of the Director of Law:

The City Council has made a Tree Preservation Order (TPO) to protect one London Plane tree (T1) located in the rear garden at 11 Gerald Road, London, SW1W 9EH. The TPO is provisionally effective for a period of six months from 29 May 2015 during which time it may be confirmed with or without modification. If not confirmed, the TPO will lapse after 28 November 2015.

The TPO was made because the tree has significant amenity value and makes a positive contribution to the character and appearance of the area. The City Council, having been made aware of the proposal to remove T1 considers it expedient in the interests of the amenity that a TPO is made in order to safeguard its preservation and future management.

Objection to the TPO has been made by Norman Rourke Pryme Limited and ACS Consulting on behalf of the owner of 11 Gerald Road.

The City Council’s Arboricultural Officer has responded to the objections.

A late representation was received from Simon Pryce (21.10.2015), Leopold Von Bismarck (28.09.2015, 07.08.2015, 26.05.2015) and William George Greig (04.10.2015).

RESOLVED:

That Tree Preservation Order No. 628 (2015) be confirmed without modification with permanent effect.

Applications for decision

Removal of one London Plane from the rear garden of 11 Gerald Road.

RESOLVED:

That consent be refused.

Demolition of the existing Tavern Stand, Allen Stand, Thomas Lord Building, MCC Office Building and Scorers Box and redevelopment comprising the erection of new stand, new Thomas Lord Building with an expanded basement and relocated public house, new Harris Garden Building, new scorers Box, internal and external alterations to the Pavilion, a new shop in the Bowlers' Annexe together with relocation of the floodlight, hard and soft landscaping, servicing facilities and all necessary ancillary and enabling works, plant and equipment.

Additional representations were made by the Highways Planning Manager (21.10.2015), the Senior Aboricultural Manager (20.10.2015), Barry Fitzgerald (17.10.2015), Rula Al-Adasani (15.10.2015, the owner/occupier of 329 Scott Ellis Gardens (16.10.2015), DP9 Limited (21.10.2015 and 22.10.2015), GIA (12.10.2015), Marylebone Cricket Club (22.10.2015) and Brian East (9.10.2015).

Late representations were received from Marylebone Cricket Club (26.10.2015) and Councillor Gotz Mohindra (27.10.2015).

Councillor Gotz Mohindra addressed the Committee in his capacity as ward member to represent the concerns of residents in objecting to the application.

The presenting officer tabled the following amendments:

Additional Conditions 

Conditions 44 and 45 to address the late representation received by the Arboricultural Manager in respect of the impact of the proposed basement excavations associated with the new stand on the street Plane trees in St John’s Wood Road, and the basement underneath the Harris Gardens on the 2 lime trees and the trees in the rear garden of the houses in Grove End Road

Condition 44

Pre-Commencement condition :Before any works start of the new stand, a detailed arboricultural assessment  including trial hole investigations shall be submitted to and approved by the City Council as local planning authority  in consultation with Transport for London to demonstrate that works can take place without affecting the health of the street trees .

The development shall be carried out in accordance with the approved details.

Reason: To protect the trees and the character and appearance of this part of the St John’s Wood Conservation Area.  This is as set out in S25, S28 and S38 of Westminster's City Plan: Strategic Policies adopted November 2013 and ENV 16, ENV 17, DES 1 (A) and paras 10.108 to 10.128 of our Unitary Development Plan that we adopted in January 2007. 

Condition 45

Before any works start on the excavation of the basement under the  Harris Gardens and the new enlarged basement under the new Thomas Lord Building , a detailed arboricultural assessment shall be submitted to and approved by the City Council as local planning authority to demonstrate that the proposal will not adversely affect the health of the TPO Lime trees T1 and T2 .This assessment shall include trail hole investigations to assess the presence of tree roots under the Harris Gardens and the tree roots in relation to the Lime trees  .The assessment shall also address the impact of the proposed excavation works on the trees on the adjoining rear gardens in Grove End Road .

The development shall be carried out in accordance with the approved details.

Condition 46

To secure  ...  view the full minutes text for item 2.

Excavation works into garden for extension of the existing lower ground floor level including the demolition of existing rear single storey extension. Use of the proposed extension roof as a terrace. Erection of a third floor mansard roof extension.

The presiding officer tabled the following deletions and additions to conditions:

Remove Conditions 2 and 6 from the Listed Building Consent draft decision letter.

Add the following conditions to the planning permission draft decision letter:

Condition 8:

You must hang all doors or gates so that they do not open over or across the road or pavement.

Condition 9:

Notwithstanding the construction management plan submitted as part of the application, no development shall take place, including any works of demolition, until a full construction management plan for the proposed development has been submitted to and approved in writing by the City Council as local planning authority. The plan shall provide the following details:

(i)         a construction programme including a 24 hour emergency contact number;

(ii)        parking of vehicles of site operatives and visitors (including measures taken to ensure satisfactory access and movement for existing occupiers of neighbouring properties during construction);

(iii)       locations for loading/unloading and storage of plant and materials used in constructing the development;

(iv)       erection and maintenance of security hoardings (including decorative displays and facilities for public viewing, where appropriate);

(v)        wheel washing facilities and measures to control the emission of dust and dirt during construction; and

(vi)       a scheme for recycling/disposing of waste resulting from demolition and construction works.

You must not start work until we have approved what you have sent us. You must then carry out the development in accordance with the approved details.

RESOLVED:

1.         That conditional permission and conditional listed building consent be granted, subject to deletion of conditons 2 and 6 and additional conditions 8 and 9 as set out above.

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

Creation of new basement storey with two front lightwells, one rear lightwell and one rear glazed rooflight.

An additional representation was received from Councillor Robert Rigby (20.10.2015).

RESOLVED:

That conditional permission be granted, subject to pre commencement condition 5 to include the position of the skip and an additional informative concerning the need to explore the siting of the skip off the road and the need to demonstrate maintenance of access for emergency services.

Application 1: 98 Westbourne Grove, W2

Use of the public highway (10.5m x 0.75m) for the placing of three tables and six chairs on the Westbourne Grove frontage.

Application 2: 43 Hereford Road, 2 – 6 Botts Mews, 2 Chepstow Road, 104-106 Westbourne Grove, 98 – 112 Westbourne Grove, W2

Variation of Condition 13 (tables and chairs) of planning permission dated 7 February 2003 (RN 02/03540) for part demolition/redevelopment to provide new buildings, part alterations/extensions (including listed building) to provide 36 flats, 2 live-work units, retail, restaurant facilities and 34 parking spaces in basement with associated works, namely to remove restrictions outside of No. 98 Westbourne Grove (Cote Restaurant) only.

Late representations were received from Ms S S (27.10.2015, 25.10.2015, 23.03.2015) and South East Bayswater Residents Association (27.10.2015).

The presenting officer tabled the following amendement to Application 2 :

Revised Condition 13

No planters, tubs, tables or chairs, freestanding advertisements or any other items shall be placed on either the private forecourt or adjoining public highway along frontages of the application site along Hereford Road, Chepstow Road and Westbourne Grove, apart from the temporary tables and chairs outside No.98 Westbourne Grove, placed in accordance with the terms of planning permission granted under 15/01715/TCH, or any subsequent permission.

RESOLVED:

Application 1:

That conditional permission be granted, subject to an additional condition limiting the number of tables to 2 and the number of chairs to 4.

Application 2:

That conditional permission be granted, subject to the revised condition 13 as set out above.

Details of a construction management plan pursuant to Condition 3 of planning permission dated 06 January 2015 (RN: 14/10072).

RESOLVED:

That the details of the construction management plan be approved.

Use of the lower ground and ground floors as a restaurant (Class A3); installation of a high level extract duct to rear; new access to front; replacement balustrade to front lightwell and alterations to the shopfront. Installation of plant within an associated enclosure in the rear lightwell at lower ground floor level.

The presenting officer tabled the following amendments to conditions 7 and 10:

Condition 7 (amended wording)

If you choose to provide the bar and bar seating as shown on the submitted drawings, it must not take up more than 15% of the floor area of the property. You must use the bar to serve restaurant customers only, before, during or after their meals.

Condition 10 (amended wording)

Prior to the occupation of the premises for restaurant purposes, you shall submit and have approved in writing by the local planning authority a management plan to show the following:

i)             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.

ii)            Servicing arrangements

iii)           How the restaurant would prevent customers queuing outside  

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.

RESOLVED:

That conditional permisson be granted, subject to the revised conditions 7 and 10 as set out above and a further revision to the operational management plan to cover external smoking.

Retention and relocation of plant and installation of associated acoustic enclosures on the rear second floor level.

An additional representation was received from the applicant’s agent, Walsingham Planning (20.10.2015).

Late representations were received from Councillor Glenys Roberts (27.10.2015), William Shenkman and Maureen Shenkman (26.10.2015), Alan Hobart (26.10.2015), Jane Mackenzie (26.10.2015) and Colleen Harney Management Services Ltd on behalf of Corsican Management Inc. (26.10.2015).

RESOLVED:

That had an appeal not been lodged, permission and listed building consent would have been refused on the grounds that the proposed plant installation would harm the appearance of this listed building and detrimentally impact upon the character and appearance of the Mayfair Conservation Area.

Erection of a single storey rear extension at lower ground floor level and alterations to the front elevation including the removal of redundant advertising. Installation of a new high level extract duct on the rear elevation in connection with the existing public house and internal alterations at all floor levels.

The presenting officer tabled the following amendments:

Condition 9 (amended wording)

The glazed roof over the rear extension at lower ground floor level must not be openable and must remain closed at all times. The rear extenson, including the glazed roof, shall be completed in its entirety before being used by customers of the public house.

Deletion of condition 3.

RESOLVED:

1.         That conditional permission and conditional listed building consent be granted, subject to the amendment to condition 9 and deletion of condition 3 as set out above.

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

Demolition of the existing dwelling behind the retained front facade. Excavation beneath site and erection of replacement dwelling (Class C3) over two basement storeys, ground, first and new mansard second storey. Use of Part of 21 Nottingham Place to form part of replacement dwelling (Class C3).

A late representation was received from Montagu Evans (23.10.2015).

RESOLVED:

That conditional planning permission be granted.

Alterations including the erection of a 2^nd floor roof extension to provide access to an existing roof terrace.

RESOLVED:

That conditional permission be granted.

Demolition of 40 and 41 Pall Mall behind retained facades and redevelopment to provide a building of basement, ground and five upper floors comprising retail (Class A1) at part basement and part ground floor levels within the remainder of the building in use as four self-contained residential flats (Class C3).

RESOLVED:

Application withdrawn by officers.

Conversion of part lower ground and all upper floors from offices (Use Class B1(a)) to 8 x residential flats (Use Class C3), including the erection of an enlarged mansard roof extension at fourth floor level, extension to wine bar within the internal courtyard area at rear lower ground floor level with ground floor roof terrace above and associated external and internal works.

Additional representations were received from Montagu Evans (21.10.2015), The Thorney Island Society (undated) and Policy Exchange (23.10.2015).

Late representations were received from Aberdeen Asset Managers Limited (27.10.2015), Montagu Evans (27.10.2015) and RBA Acoustics Ltd (27.10.2015).

Councillor Louise Hyams addressed the Committee representing all councillors in her Ward in support of the recommendation to refuse the application.

The presenting officer tabled the following amendments to the report:

Section 6.1 Land Use

The ‘Total’ floorspace figures in Table 1 have been amended as follows:

Section 6.3.1 Noise Pollution

Paragraph 18 under sub section Patron Noise should read:

Environmental Health does not agree with the correction of the January 30th noise survey by 5 dB to reflect the noise from patrons at the ground and 1st floor windows of the proposed residential.

Section 6.7   Other UDP/Westminster Policy Considerations

Paragraph. 5 should read:

As outlined in section 6.1.3 of this report, it has not been demonstrated that conditions could be recommended to minimise noise intrusions within the flats. As such the scheme is not considered to comply sufficiently with ENV 6 (4) which requires residential developments to provide adequate protection from existing background noise.

RESOLVED:

That permission be refused on the grounds of quality of the residential development (protection from noise) and impact on the operation of the adjoining public house and wine bar.

Removal of two lime trees.

RESOLVED:

That conditional consent be granted.