Agenda and minutes

To note any changes to the membership.

1.1           There were no changes to the membership.

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      The Chairman 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 emails 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.

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

3.1      RESOLVED:

That the minutes of the meeting held on the 1 October 2019 be signed by the Chairman as a correct record of proceedings.

Applications for decision

Use of part basement, part ground, part first, part second and third, fourth fifth sixth and part seventh floors as office use (Class B1) (including waste storage and cycle parking at ground and basement floors levels). Use of part ground and part basement as gymnasium (Class D2). Use of part ground and part seventh floor as restaurant (Class A3). Alterations at roof level including new louvred screen to plant and increase in height to the lift overrun.

A late representation was received from the Applicant in the form of a brochure on the proposed development (undated).

Andrew Davidson, PDP Architects, addressed the Sub-Committee, acting on behalf of the applicant in support of the application.

A late representation was received from Montagu Evans LLP (24.10.2019).

RESOLVED UNANIMOUSLY:

1.        That conditional permission be granted, subject to a S106 legal agreement to secure the following:

a)             within 6 months of the date of this permission to submit the proposed highway works and public realm improvements to Chapel Place and the draft alterations to the traffic orders. Not to commence development of the D2 and A3 uses until the highway works and public realm improvements have been agreed and the TRO confirmed. Highway works and public realm improvements to be completed prior to occupation of either the gymnasium (Class D2) or restaurant (Class A3) floorspace.

           b)        The costs of monitoring the agreement.

2.        If the S106 legal agreement has not been completed within six weeks of the date of this resolution then:

           a)        The Director of Place Shaping and Town Planning shall consider whether it will be possible or appropriate to issue the permission with additional conditions attached to secure the benefits listed above. If so, the Director of Place Shaping and Town Planning is authorised to determine and issue the decision under Delegated Powers; however, if not;

           b)        The Director of Place Shaping and Town Planning shall consider whether the permission should be refused on the grounds that it has not proved possible to complete an agreement within an appropriate timescale, and that the proposals are unacceptable in the absence of the 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

Use of part ground and upper floors as a 134-room hotel (Class C1); use of part lower ground as a leisure suite (Class D2); use of ground floor as restaurant/bar (Class A3/A4), external alterations, including demolition to include the removal of the rooftop plant enclosures and replacement with a single-storey extension, remodelling of the Little Sanctuary elevation and introduction of balconies and lightwells.

An additional representation was received from Public Protection and Licensing Environmental Sciences (18.10.2019).

Late representations were received from the occupier of 16 Dartmouth Street  (27.10.2019) and a brochure of the proposed development from the Applicant (undated).

The presenting officer tabled the following amended and additional conditions to the draft decision letter:

Condition 7

You must apply to us for approval of plans, sections and elevations (scale 1:20) of the following parts of the development - disabled lift to Great George Street entrance. You must not start any work on these parts of the development until we have approved what you have sent us.

You must not occupy the hotel, restaurant, bar or leisure suite until you have carried out these works and installed the disabled access lift in accordance with the approved details.

Condition 10

You must apply to us for approval of materials including sample(s) of the following parts of the development – roof. You must not start any work on these parts of the development until we have approved what you have sent us.

You must then carry out the work according to these approved details and sample(s).

Condition 12

You must not allow more than 134 customers into the Class A3 restaurant at any one time.

Condition 21

You must submit a detailed servicing and deliveries management plan for approval by the City Council no later than three months before occupation of the hotel, restaurant and leisure suite. The plan must include details of delivery vehicles, number of deliveries, how deliveries will be managed and refuse collection processes. The hotel, restaurant and leisure suite uses must then operate in accordance with the approved servicing and deliveries management plan for the lifetime of the development.

Condition 29

The bar and bar seating at ground floor level must not take up more than 15% of the floor area of the proposed restaurant as shown on drawing number P130-3.

Condition 31

You must submit a detailed Operational Management Plan for the approval of the City Council no later than three months before occupation of the hotel that provides details and further information on how you shall manage potential noise and disturbance from the restaurant, bar leisure suite and hotel guests (including from taxis, guests congregating and smoking locations for guests etc).

Additional condition

Condition 32

You must not use any part of the development until we have approved appropriate arrangements to secure the following:

Air quality neutral mitigation

In the case of the above, you must include in the arrangements details of when you will provide the mitigation and how you will guarantee this timing.  ...  view the full minutes text for item 2.

Use of Berkeley Square Gardens for a temporary Forest of Light event for a period of up to 28 days from 1st November to 20th December (including construction and clean-up) for a temporary period of three years (2020, 2021 and 2022).

Additional representations were received from the Council’s Arboricultural Section (23.10.2019) and the Mayfair Neighbourhood Forum (undated).

The presenting officer tabled Policies MGS1 (Mayfair’s Green Spaces) and MGS2 (Events in Green Spaces) of the Mayfair Neighbourhood Plan (Referendum Version) as well as the following changes to the draft decision letter:

Amended description of development:

Use of Berkeley Square Gardens for a temporary Forest of Light event for a period of up to 28 days in from 1st November and / or to 20th December (including construction and clean-up) for a temporary period of three years (2020, 2021 and 2022).

Amended Condition 3

You must apply to us for approval of drawings of the following parts of the development:

(i) Boundary treatment(s) to the gardens event

(ii) Structures within the gardens

You must not start any work on these parts of the development until we have approved what you have sent us.

You must then carry out the work according to these drawings. 

(No change to reason)

Amended Condition 5

The use of Berkeley Square for the Forest of Light event, and the installation of structures, plant and boundary treatment associated with the Forest of Light, can only be in place for a maximum period of 28 days in between 1st November and / or to 20th December each year in 2020, 2021 and 2022. You must then return the land to its previous condition and use.

(No change to reason)

Amended Condition 6

You must open the Forest of Light event to visiting members of the public between the following times: 08.00 and 22.00. All generators and lights associated with the event must be switched off outside of these operating hours.

Reason:

To protect the privacy and environment of people in neighbouring properties, as set out in S29 of Westminster's City Plan (November 2016) and ENV 13 of our Unitary Development Plan that we adopted in January 2007 and to ensure that public access to Berkeley Square is maintained, as required by Policy MGS2 of the Mayfair Neighbourhood Plan (Referendum Version).

Additional Condition 7

You must not carry out any excavation within the Root Protection Area of any tree.

Reason:

To make sure that the trees on the site are adequately protected during building works.  This is as set out in S38 of Westminster's City Plan (November 2016) and DES 1 (A), ENV 16 and ENV 17 of our Unitary Development Plan that we adopted in January 2007. 

Additional Condition 8

At least six months prior to the installation date you must apply to us for approval of details of the following:

·       The temporary footpath, which must be no-dig in construction;

·       The methods by which the temporary Christmas trees and any lighting will be fixed, including any requirements to  ...  view the full minutes text for item 3.

Excavation of a basement beneath the footprint of the building and part of rear garden, with lightwells to front and side elevations. (Linked to 19/01802/LBC)

David Kavanagh, Cranbrook Basement and Design and Construction Ltd, acting on behalf of the applicant, addressed the Sub-Committee in support of the application.

Trevor Innes, on behalf of the occupiers, 7 & 8 Blenheim Road, addressed the Sub-Committee in objection to the application.

RESOLVED UNANIMOUSLY:

1.        That conditional permission be granted subject to:

1.     amending Condition 10 so that the permeable hard surfacing to the rear patio is provided prior to commencement of the works.

2.     an additional informative regarding the installation of a positive pumped device (or equivalent reflecting technological advances) to avoid the risk of backflow as suggested by Thames Water.

2.        That conditional listed building consent be granted.

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

Single storey rear extension and associated alterations to basement flat (Flat 1) including removal of tree.

Late representations were received from three Directors of 33 St Luke’s Road Ltd (the Freeholder) (24 and 25.10.19)

Marina Belezina, on behalf of three of the Directors of 33 St Luke’s Road (the Freeholder), addressed the Sub-Committee in objection to the application.

RESOLVED UNANIMOUSLY:

That conditional permission be granted.

Erection of a single storey rear extension at first floor level to enlarge the ground floor flat.

Mark Evans, Travellyan Developments Ltd, addressed the Sub-Committee in support of the application.

Anna Mathias, acting on behalf of Occupiers of the 2^nd and 3^rd Floor Flats, 9 Tavistock Road, addressed the Sub-Committee in objection to the application.

RESOLVED UNANIMOUSLY:

That conditional permission be granted subject to an additional condition regarding the reinstatement of the bird box to the side of the single storey rear extension and an additional informative about the need to take measures to protect nesting birds on the single storey flat roof to the property during works.