Agenda and minutes

The Planning Applications Sub-Committee (2) are required to appoint a Chairman.

1.1      RESOLVED:

           That Councillor Louise Hyams be elected Chairman of Planning Applications Sub-Committee (2).

To note any changes to the membership.

2.1      It was noted that Councillor Spencer had replaced Councillor Devenish

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.

3.1      Councillor Hyams 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 emails 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.

3.2      Councillor Hyams declared that Items 2, 3 and 5 were located within her Ward, but she had held no discussions regarding them with any parties.

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

4.1      RESOLVED:

That the minutes of the meeting held on 6 July 2021 be signed by the Chair as a correct record of proceedings.

Applications for decision

1                48 Chapel Street London NW1 5DH

Application 1

Demolition of the existing building and erection of a part 3 storey and part 7 storey (plus basement) hotel (Use Class C2), public house (Sui Generis Use) and retail premise (Class E); including excavation of basement, bin and bike storage, rooftop plant, new tree.

Application 2

Relocation of two phone boxes from the corner of Old Marylebone Road and Chapel Street to Chapel Street.

The Presenting Officer had circulated an additional condition (undated).

An additional representation had been received from the Hyde Park Ward Labour Action Team (20.08.21).

A late representation was received from a local resident (31.08.21).

The Presenting Officer tabled the following amendments to the conditions and informatives on the decision notice:

Condition 7 to read:

The full height kitchen extract/ventilation system through the building shall be installed and operational prior to any primary cooking (the cooking of raw or fresh food) taking place on site or alternative ventilation details as approved in writing by the local planning authority.

Condition 8 to read:

Prior to occupation - you must provide an Operational Management Plan for the hotel and public house to the local planning authority in writing. The plan must include, but limited to, the following:

I. Customer opening hours (no greater than those stated in condition 9);

II. Capacity (pub only);

III. How the uses will be serviced;

IV. How the uses will be operated;

V. Visitor management, such as: queuing, crowd control etc.;

VI. Security arrangements;

VII. Access and egress arrangements;

The uses must then operate in accordance with the approved management plan unless otherwise agreed first by the local planning authority.

Informative 13 to read:

This permission is governed by a legal agreement between the applicant and us under Section 106 of the Town and Country Planning Act 1990. The agreement relates to:

i. Planting of a replacement tree at the junction of Chapel Street and Old Marylebone Road prior to occupation and provision of a management plan to ensure its retention and ongoing future maintenance.

ii. Provision of a financial contribution of £34,484.24 (index linked) to the Westminster Employment Service prior to the commencement of development.

iii. Highways works necessary to facilitate the proposed development.

iv. Provision of a financial contribution of £66,405 to the Carbon Offset Fund (index linked) payable prior to the commencement of development; and

v. The costs of monitoring the S106 legal agreement.

Informative 14 to read:

In relation to Condition 6, the definition of fitted to category A standards means the main structural elements of the [Public House] provided with base-build mechanical and electrical services together with but not limited to:

• floors;

• wall finishes;

• soffit finishes;

• lighting;

• ventilation;

• heating and power

Informative 15 to read:

You are advised that the replacement tree to the corner of Chapel Street and Old Marylebone Road will be subject to a Tree Preservation Order.

Aimee Squires addressed the Sub-Committee in support of the application.

RESOLVED  ...  view the full minutes text for item 1.

Demolition of the existing mansard roof and removal of plant and escape stair; erection of new double mansard roof extension and rear extension for additional commercial floorspace (Use Class E); and installation of new escape stair, rear balconies, roof terrace and associated works.

An additional representation was received from the St James’s Conservation Trust (undated).

The Presenting Officer tabled the following amendment to Condition 9:

You can use the ground and lower ground floor commercial unit for any use within Class E of the Town and Country Planning (Use Classes) Order 1987 as amended September 2020 (or any equivalent class in any order that may replace it) except as:

E(b) Café/restaurant

E(d) indoor recreation;

E(e) medical/ health services; or

E(f) Creche/ nursery.

Matt Humphreys addressed the Sub-Committee in support of the application.

RESOLVED (For: Councillors Hyams and Spencer; Against: Councillor Cox):

That conditional permission, as amended, be granted.

Application 1 (Planning):

Erection of a roof extension to form a double mansard, to provide additional office (B1) floorspace; external alterations and repair works including installation of plant at roof level and new windows to rear elevation.

Application 2 (Listed building):

Erection of a roof extension to form a double mansard; external alterations and repair works including installation of plant at roof level and new windows to rear elevation; internal alterations including the installation of new lifts, alterations to facilitate disabled access, restoration of the chapel and assembly room, replacement of the secondary staircase and removal of partitions.

Additional representations were received from a local resident (undated) and the National Church Institutions of the Church of England (undated).

The Presenting Officer tabled the following additional condition:

Notwithstanding the submitted drawings, you must apply to us for approval of detailed drawings clarifying works to the chimney stacks at roof level on the building, including details of any chimney stacks to be rebuilt. 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 works according to these drawings.

           Nick Duffy addressed the Sub-Committee in support of the application.

Barbara Weiss addressed the Sub-Committee in objection to the application.

Alan Leibowitz addressed the Sub-Committee in objection to the application.

           RESOLVED UNANIMOUSLY:

           1.        That conditional permission, as amended, be granted;

2.        That conditional listed building consent be granted; and

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

Installation of low level LED floodlighting with telescopic columns to existing outdoor tennis courts 6-8. Replacement of fencing around courts 6-8.

An additional representation was received from a local resident (undated).

A late representation was received from Sports Facility Planning & Design Ltd (27.08.21).

Emily McKay addressed the Sub-Committee in support of the application.

Councillor Geoff Barraclough addressed the Sub-Committee in his capacity as Ward Councillor in support of the application.

RESOLVED UNANIMOUSLY:

That conditional permission be granted subject to:

1)              Condition 5 being amended to permit the use of the floodlights between the hours of 16:00 and 21:00,instead of the originally proposed 16:00 to 20:00 hours, as it was felt that these hours would not adversely affect the amenity of neighbouring residents; and

2)              An additional informative requesting the applicant to provide a contact number to local residents and to ensure players were mindful of adjoining residents when playing later in the evening during the winter months.

Erection of additional storey with terrace at first floor level in connection with use as two residential units (Class C3).

The Presenting Officer tabled the following additional condition:

You must apply to us for approval of details of how waste is to be stored on site and how materials for recycling will be stored separately. You must not occupy the residential use hereby approved until we have approved what you have sent us. You must then provide the waste and recycling storage prior to occupation of the development and thereafter permanently retain the stores according to these details. You must clearly mark them and make them available at all times to everyone using the residential units. You must not use the waste and recycling store for any other purpose.

RESOLVED UNANIMOUSLY:

That conditional permission, as amended, be granted.

Replacement of shopfront including the installation of an awning, erection of ground floor rear extension to rear yard of shop and the installation of full height extract duct to the rear.

The Presenting Officer tabled the following amendments to the conditions:

Additional Condition 10:

You must apply to us for approval of details showing the following alteration to the scheme:

i) The replacement paving to the front limited to the private forecourt.

ii) sample (photograph) of the proposed paving

You must not start on these parts of the work until we have approved in writing what you have sent us. You must then carry out the work according to the approved drawings. (C26UC)

Reason

To make sure that the appearance of the building is suitable and that it contributes to the character and appearance of this part of the Queensway Conservation Area. This is as set out in Policies 38, 39 and 40 of the City Plan 2019 - 2040 (April 2021). (R26BF)

Remove condition 8:

No primary cooking shall take place within the ground and basement unit until the ventilation flue as shown on the approved drawings has been installed.

Reason

To protect the environment of the people in the residential part of the development. This is as set out in Policies 7, 33 and 38 of the City Plan 2019 - 2040 (April 2021). (R21CD)

           Ali Kazim addressed the Sub-Committee in support of the application.

RESOLVED UNANIMOUSLY:

           That conditional permission, as amended, be granted.

Application 1

Arnold House School: T1-T3 3 x sycamore: fell, T4 1 x lime: fell

Application 2

37 Grove End Road: T5-T6 2 x lime: fell, T7-T9 3 x sycamore: fell, T10

1 x maple: fell

RESOLVED UNANIMOUSLY:

That consent be refused on the grounds that the trees had significant amenity value and it was considered that the wall could be rebuilt without the need to remove the trees and without causing them significant harm.