Venue: Rooms 18.01 & 18.03, 18th Floor, 64 Victoria Street, London, SW1E 6QP
Contact: Georgina Wills: Committee and Councillor Coordinator Tel: 07870 548348; Email: firstname.lastname@example.org
To note any changes to the membership.
1.1 It was noted that Councillor Guthrie McKie had replaced Councillor Tim Roca and that Councillor Peter Freeman had replaced Councillor Mark Shearer.
Declarations of Interest
To receive declarations by Members and Officers of the existence and nature of any pecuniary interests or any other significant interest in matters on this agenda.
2.1 Councillor Robert Rigby explained that a week before the meeting, all four Members of the Sub-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 Sub-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 Sub-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 Robert Rigby declared an interest in respect of Items 1 & 2, he had previously sat on previous Planning Applications Sub-Committees which had considered the Applications.
2.3 He also declared that in respect of Item 3 he had attended a site visit with Officers and members of the Planning Applications Sub-Committee (1) and had previously sat on a previous Planning Applications Sub-Committee which had considered the Application. The same declarations were made by Councillor Susie Burbridge.
2.4 Councillor Burbridge declared that in respect of Item 3, the Application site was in her Ward.
2.5 Councillor Guthrie McKie declared an interest in respect of Item 1, the Application site was based in a neighbouring Ward. He advised that the Maida Vale Area Forum had made representation and informed that he had not been involved in any discussions regarding the Application.
He also declared an interest in respect of Item 2 and advised that the Application site was in the same Ward that he resided and confirmed that he had not been involved in any discussions regarding the Application.
To sign the minutes of the last meeting as a correct record of proceedings.
That the minutes of the meeting held on 28 June 2021 be signed by the Chair as a correct record of proceedings.
Applications for decision
Variation of Condition 1 (approved plans and documents) of planning permission dated 3 July 2020 (RN: 19/04487/FULL) for: Demolition of existing buildings and structures and construction of a new mixed-use development comprising hotel and
associated facilities (Class C1), flexible workspace (Class B1a / B1c), retail and food and beverage (Class A1 / A3), events space (Sui Generis) and a replacement street cleaning depot (Sui Generis) with associated new public realm and highways improvements. (site includes Taxi House, Waterside House and Westminster Street Sweepers Depot). Namely, internal design changes to the lower amenity levels and the addition of a new floor level positioned between the previous level 03 and level
04, variation of of building heights, increase in hotel rooms from 286 to 332 with the maximum number of storeys increasing from 11 to 12, within the maximum building height of +69.350 AOD.
A late representation was received from The Collective (Unknown)
Harry Manley addressed the Sub-Committee in support of the Application.
1. That conditional permission be granted subject to: -
a) the completion of a Deed of Variation to the original S106 legal agreement (as amended by 20/04322/MOD106)
b) a new additional planning obligation to secure a carbon off-set contribution of £656,000 (index linked and payable on commencement), as required to be amended in the event of further reductions in carbon emissions being evidenced.
c) An additional financial contribution of £100,956.72 towards the Westminster Employment Service (index linked and payable on commencement of development.
2. If the s106 agreement has not been completed within 3 months from the date of the Committee's resolution then:
a) the Director of Place Shaping and Town 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 Place Shaping and Town Planning is authorised to determine and issue such a decision under Delegated Powers; however, if not
b) the Director of Place Shaping and Town Planning shall consider whether permission should be refused on the grounds that is has not proved possible to complete an agreement within an appropriate timescale, and that the proposals are unacceptable in the absence of benefits that would have been secured; if so the Director of Place Shaping and Town Planning is authorised to determine the application and agree appropriate reasons for refusal under Delegated Powers.
3. That Sub-Committee authorises the making of a draft order pursuant to s247 of the Town and Country Planning act 1990 for the stopping up of parts of the public highway to enable this development to take place.
4. That the Director of Place Shaping and Town Planning, or other such proper officer of the City Council responsible for highway functions, be authorised to take all necessary procedural steps in connection with the making of the orders and to make the orders as proposed if there are no unresolved objections to the draft orders. The applicant is to cover all costs of the Council ... view the full minutes text for item 1.
Replacement shopfront and architectural mouldings; replacement of all windows with double-glazed timber windows; replacement of rear conservatory and restaurant refurbishment; demolition of existing rear extensions at mezzanine and 1st floors and
replacement with two storey rear extension to form an additional residential unit (Class C3); provision of amenity space for flats; installation of two rear conservation rooflights; replacement of existing restaurant extraction duct to the rear with new duct; replacement of 2 x existing air-conditioning units with 2 x new air-conditioning units; and general internal refurbishment and upgrade [Addendum report]
Additional Representations were received from South East Bayswater Residents Association (11.08.21), local resident (29.07.21) and Newhamb Investments Ltd (11.08.21)
The Presenting Officer tabled the following amendments to the Draft Decision Letters, amendments to Conditions, additional Conditions and the responses to the South East Bayswater Resident Associations representations
PLANNING APPLICATIONS SUB-COMMITTEE – 17.08.2021
Item 2– 56 Westbourne Grove
1. Officers Comments on SEBRA’s additional representation/Requests in
• Condition 3- Later opening of 08.00 Monday to Saturday and
09.00 on Sundays and Bank Holidays. Officers don’t agree,
suitable hours within shopping area.
• Condition 17- Windows to ground floor rear extension be fixed
shut/closed at all times, door to be self- closing & kept in closed
position at all times except for access and egress. Revised
wording of condition set out below.
• Condition 23- remove health club from allowed uses under Class
E. Revised wording of condition set out below relating to
• Additional condition to restrict Plant & and flue operation to
07.00-23.00- Officers Agree
• Additional condition to require front façade improvements before
occupation. Officers don’t agree
• Reference to Restaurant and Restaurant staff in conditions
should refer to just premises/ staff. Officers Agree
2. Officers changes to Draft Decision Letter:-
• Condition 17
The ground floor rear extension shall only be used/operated in
accordance with the following requirements:-
1. The windows to the ground floor rear extension shall be fixed
2. The door to the ground floor rear extension shall be kept in
the closed position unless being used for access or egress by
staff accessing the bin store or in the case of an emergency.
3.The door to the ground floor rear extension leading to the
external garden shall not be used by customers unless in the
case of an emergency.
• Condition 23
You must use the commercial floorspace within ground floor
extension for restaurant, retail or office use only. You must not
use it for any other purpose, including any within Class E of the
Town and Country Planning (Use Classes) Order 2020 (or any
equivalent class in any order that may replace it).
• Additional condition
The plant/machinery hereby permitted shall not be operated
except between 07.00 hours and 23.00 hours daily.
• Tweaks to conditions 3,4,16,20 to refer to just commercial
Customers shall not be permitted within the ground floor and
basement premises before 07.00 or after 23.00 each day.
Prior to the operation of the ... view the full minutes text for item 2.
Application 1: Installation of an air condensing unit within a bespoke attenuation enclosure on the main flat roof of the building for 77 Ashley Gardens.
Application 2: Installation of an air condensing unit within a bespoke attenuation enclosure on the main flat roof of the building for 79 Ashley Garden.
Additional Representations were received from a local resident (12.08.21 and TJR Planning (06.08.21).
Tracey Rust addressed the Sub-Committee in support of the application.
Councillor David Harvey in his capacity as Ward Councillor addressed the Sub-Committee in objection to the Application.
1. That conditional permission be granted for applications 1 and 2 subject to the submission of a signed S106 unilateral undertaking to secure the following:
a) That planning permissions granted on appeal under RNs: 18/01433/FULL and 18/01434/FULL shall not be
implemented in the event of the current permissions being granted and subsequently carried out.
2. If the signed unilateral undertaking has not been provided within six weeks of the date of the Committee resolution, then:
a) The Director of Place Shaping and Town Planning shall consider whether the permissions can be issued with additional conditions to ensure that the extant permissions 18/01433/FULL and 18/01434/FULL shall not be implemented. If this is possible and appropriate, the Director of Place Shaping and Town Planning is authorised to determine and issue such a decision under Delegated Powers; however, if not
b) The Director of Place Shaping and Town Planning shall consider whether permission should be refused on the grounds that a signed unilateral undertaking has not been provided within the appropriate timescale and/
or that appropriate conditions cannot be attached as stated under (a) to ensure that the extant permissions 18/01433/FULL and 18/01434/FULL shall not be implemented; if so, the Director of Place Shaping and Town
Planning is authorised to determine the application and agree appropriate reasons for refusal under Delegated Powers.
3. That an additional informative which request that the units be inverter type units as identified in the acoustic report.
Use of part ground and basement floors as leisure facility (Sui Generis)
An Additional Representation was received from Councillor Timothy Barnes (10.08.21).
Elliot Godfrey addressed the Sub-Committee in support of the application
That Conditional permission be granted.
Rear extension at first and second floor level. Creation of roof terrace at second floor level and enlargement of existing rear terrace at third floor level.
Additional Representations were received from a local resident (11.08.21) and Turley (11.08.21) and (12.08.21).
A Late Representation was received from a local resident (16.08.21)
Mauro Terrinoni addressed the Sub-Committee in support of the application
Stephen Gillen addressed the Sub-Committee in support of the application
That conditional permission be granted.
Replacement of rear first floor window with a door.
Philip Shuttleworth addressed the Sub-Committee in objection to the application.
That Conditional Permission be granted subject to an amending condition be included to ensure that the opening is no larger than the original window opening and the sill is not dropped and that If the condition is not accepted by the applicant the application is to be refused under delegated powers and reason for refusal is to be agreed by the Chairman.