Agenda for Planning Applications Sub-Committee (2) on Tuesday 29th January, 2019, 6.30 pm | Westminster City Council
Agenda and draft minutes

Agenda for Planning Applications Sub-Committee (2) on Tuesday 29th January, 2019, 6.30 pm

Agenda and draft minutes

Venue: Room 3.1, 3rd Floor, 5 Strand, London, WC2 5HR

Contact: Georgina Wills, Committee and Governance Officer  Tel: 020 7641 7513; email:  gwills@westminster.gov.uk

Items
No. Item

1.

Membership

To note any changes to the membership.

Minutes:

1.1       There were no changes to the membership.

2.

Declarations of Interest

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

Minutes:

2.1       Councillor Robert Rigby 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 Hyams declared that the application site for Items 1 and 3 were             located in her Ward. She also declared that she had received a Ward briefing on application 3, which had been for information only.

3.

Minutes pdf icon PDF 108 KB

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

Minutes:

3.1       RESOLVED:

 

That the minutes of the meeting held on 18 December 2018 be signed by the Chairman as a correct record of proceedings.

 

4.

Planning Applications

Applications for decision

1.

61 - 71 Victoria Street, London pdf icon PDF 1 MB

Minutes:

Facade replacement with retention of existing structural frame and erection of two additional storeys, to provide a building of basement, ground and eight upper floors with covered and screened plant area at rear eighth floor level, lift overrun at main roof level and associated works in connection with use of the building as retail (Class A1) at part basement and part ground floor level and hotel (Class C1) on the upper floors.

 

The Presenting Officer tabled the following amendments to conditions:

 

“Condition 15

At least 3 months prior to occupation you must apply to us for approval of a Servicing Management Plan for the approved hotel use. You must not commence the hotel use until we in consultation with TfL have approved what you have sent us. Thereafter the hotel must be managed in accordance with the approved Servicing Management Plan (See informative 19 for what should be included in the plan).

 

Condition 16

At least 3 months prior to occupation you must apply to us for approval of an Operational Management Plan for the approved hotel use. You must not commence the hotel use until we in consultation withTfL have approved what you have sent us. Thereafter the hotel must be managed in accordance with the approved Operational Management Plan. (See informative 20 for what should be included in the plan).

 

Condition 17

At least 3 months prior to commencement of the hotel use you must apply to us for approval of an Employment and Training Opportunities Strategy, demonstrating how the hotel use will provide employment opportunities for Westminster residents. You must not commence the hotel use until we have approved what you have sent us. Thereafter the hotel use must be undertaken in accordance with the approved strategy.”

 

RESOLVED UNANIMOUSLY:

 

1.    That conditional permission be granted, subject to the amendment of Conditions 15, 16 and 17 as tabled and set out above.

 

2.      That the applicant be informed that coaches should not be permitted to stop outside the premises at the junction between Victoria Street and Strutton Ground.

2.

1. 77 Ashley Gardens, Thirleby Road, London, SW1P 1HG & 2. 79 Ashley Gardens Thirleby Road, London, SW1P 1HG pdf icon PDF 1 MB

Minutes:

Application 1: Installation of an air condenser unit located on the central section of the roof within a roof pocket of the enclosed communal stairwell with associated service runs adjacent to existing pipework on the external face of the internal lightwell to 77 Ashley Gardens.

 

Application 2: Installation of an air condenser unit located on the central section of the roof within a roof pocket of the enclosed communal stairwell with associated service runs adjacent to existing pipework on the external face of the internal lightwell to 79 Ashley Gardens.

 

Late representations had been received from a local resident (25.01.19); the Cathedral Area Residents’ Group (27.01.19); Councillor Selina Short (28.01.19); the applicant’s architect (28.01.19); and the applicant (29.01.19).

 

The Presenting Officer tabled the following proposed amended conditions:

 

“Condition 5

The Fujitsu units hereby permitted shall only be operated in setback modes between the hours of 23:00 - 07:00 when in operation.

 

Condition 7

(1)   Where noise emitted from the proposed plant and machinery will not contain tones or will not be intermittent, the 'A' weighted sound pressure level from the plant and machinery (including non-emergency auxiliary plant and generators) hereby permitted, when operating at its noisiest, shall not at any time exceed a value of 10 dB below the minimum external background noise, at a point 1 metre outside any window of any residential and other noise sensitive property, with the exception of the internal lightwell windows at Block 6, 71-83 Ashley Gardens unless and until a fixed maximum noise level is approved by the City Council. The background level should be expressed in terms of the lowest LA90, 15 mins during the proposed hours of operation. The plant-specific noise level should be expressed as LAeqTm, and shall be representative of the plant operating at its maximum.

 

(2)   Where noise emitted from the proposed plant and machinery will contain tones or will be intermittent, the 'A' weighted sound pressure level from the plant and machinery (including non-emergency auxiliary plant and generators) hereby permitted, when operating at its noisiest, shall not at any time exceed a value of 15 dB below the minimum external background noise, at a point 1 metre outside any window of any residential and other noise sensitive property, with the exception of the internal lightwell windows at Block 6, 71-83 Ashley Gardens unless and until a fixed maximum noise level is approved by the City Council. The background level should be expressed in terms of the lowest LA90, 15 mins during the proposed hours of operation. The plant-specific noise level should be expressed as LAeqTm, and shall be representative of the plant operating at its maximum.

 

(3)   Following installation of the plant and equipment, you may apply in writing to the City Council for a fixed maximum noise level to be approved. This is to be done by submitting a further noise report confirming previous details and subsequent measurement data of the installed plant, including a proposed fixed noise level for approval by the City  ...  view the full minutes text for item 2.

3.

20 Upper St Martin's Lane, London, City Of Westminster, WC2H 9JZ pdf icon PDF 908 KB

Minutes:

Use of basement, ground and first floors of Sussex House (The Sussex PH) from Class A4 (Drinking establishment) to Class A1 (Retail).

 

RESOLVED:

 

(To refuse permission as recommended: Councillor Guthrie McKie)

 

(To grant permission: Councillors Robert Rigby, Louise Hyams; and James Spencer)

 

1.            THAT PERMISSION BE GRANTED, on the grounds that the exceptional circumstances in this location allow the loss of this public house; and that the wider public benefits to the local area generated by the A1 retail use would warrant a policy departure.

 

2.            That conditions relating to hours of use, servicing and refuse be agreed with the Committee Chairman and implemented via delegated powers.

4.

85 Marylands Road, London, W9 2DS pdf icon PDF 781 KB

Minutes:

Installation of rear dormer in connection with use of ground and upper floors as three residential dwellings.

 

Further representations were received from Metropolis PDG Ltd (22.01.19).

 

The Presenting Officer tabled the following amended conditions and informative:

 

Condition 6

You must not use the flat roof of the rear close wing for sitting out or for any other purposes, as there is no safe means of enclosure. You can however use the roof to escape in an emergency (C21BA)

 

Reason:

In the absence of any means of enclosure around the terrace, it would be unsafe to use the terrace.

 

Condition 7:

Before any development is commenced at roof level including prior to any demolition, a survey shall be carried out as to whether any birds are present within the building. Details of this bird survey and inspection results shall be submitted to and approved by the City Council in consultation with Natural England. In the event that birds are found to be present on site you are required to:

(a)   set out a programme of works which avoid nesting season and prevent harm to the birds.

(b)   provide details including location of new opportunities for nesting birds on site (bird boxes etc.)

 

Thereafter carry out the work according to these approved details.

 

Reason:

In order to ensure that protected birds and their nests/eggs are not harmed as set out in policy ENV17 of our Unitary Development Plan that was adopted in January 2007.

 

Condition 8:

You must not occupy any of the residential units hereby approved as part of the development until we have approved appropriate arrangements to secure the following:

 

Mitigation for the potential impact of additional cars being parked on-street in the vicinity of the site.

 

In the case of the above benefits, you must include in the arrangements details of when you will provide the benefits, and how you will guarantee this timing. You must only carry out the development according to the approved arrangements (C19BA)

 

Reason:  

To make sure that the development provides the planning benefits that have been agreed, as set out in S33 of Westminster’s City Plan (November 2016) and in TRANS23 of our Unitary Development Plan that we adopted in January 2007 (R19AC)

 

Informative 6:

In respect of condition 8, the applicant is required to provide mitigation of the impact of additional cars being parked on street as a result of the development by entering into a unilateral undertaking to provide Lifetime Car Club Membership for the two flats. The Car Club operator must be a CarPlus member.”

 

 

RESOLVED UNANIMOUSLY:

 

That conditional permission be granted, subject to a Grampian condition to secure mitigation for the increased demand for on-street car parking, and to the additional conditions and informative tabled at the meeting and set out above.

 

 

5.

85 Marylands Road, London, W9 2DS pdf icon PDF 766 KB

Minutes:

Retention of door and metal railings associated with the use of the rear flat roof as a terrace.

 

Further representations were received from Metropolis PDG Ltd (22.01.19).

 

RESOLVED UNANIMOUSLY:

 

That conditional permission be granted.

 

The Committee expressed regret that applicant had carried out the works