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 personal or prejudicial interests in matters on this agenda.

2.1      Councillor Glen 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.

2.2      Councillor Murphy declared that in respect of Item 1, the application site was situated within the West End Ward where he would be standing as a candidate at the next local election. In his role as Councillor, he had spoken to one of the objectors previously but not about the application and he had held no discussions regarding it with any parties.

2.3      Councillor McKie declared that in respect of Item 4 he lived within the Bayswater Ward, but he had held no discussions regarding the application with any parties.

2.4      The Sub-Committee placed on record its thanks to Councillor Guthrie McKie, who was attending his last meeting, for all the valuable contributions he had made to the work of the Sub-Committee.

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 22 February 2022 be signed by the Chair as a correct record of proceedings.

Applications for decision

1.          Erection of a Spiegeltent touring structure (with an internal capacity of up to 600), a box office, two bar areas, seven catering units, toilets, storage, outdoor seating areas and fencing with lighting and associated plant in conjunction with use of Cavendish Square for the Underbelly Festival at Cavendish Square 2022 (Sui Generis), with a maximum of 2,000 visitors at any one time, for a temporary period from 28 April 2022 to 31 July 2022. Installation and deinstallation will take place over the periods between 13 April 2022 and 8 August 2022.

2.          Temporary display of signages at Cavendish Square in association with the Underbelly Festival at Cavendish Square 2022 over the periods between 28 April 2022 to 31 July 2022, with installation and deinstallation taking place over the periods between 13 April 2022 and 8 August 2022.

An additional representation was received from Westminster City Council’s Environmental Health Consultation Team (08.04.22).

A late representation was received from Historic England (24.02.22).

Ed Bartlam addressed the Sub-Committee in support of the application.

Jace Tyrell addressed the Sub-Committee in support of the application.

RESOLVED (For – Councillors Glen, McKie and Short,

Abstain – Councillor Murphy):

1)              That conditional permission be granted subject to the following additional conditions:

a)              Members of the public to be permitted access to the square for the duration of the event (except for the Spiegeltent) with this access to be appropriately signposted; and

b)              All apparatus to be deinstalled by 8 August 2022.

2)        That conditional advertisement consent be granted.

Use of basement as an events space (sui generis).

RESOLVED UNANIMOUSLY:

That conditional permission be granted subject to:

a)                 An additional condition restricting the use of the event space to between the hours of 08:00 and 22:30; and

b)                 An additional informative requesting the façade lighting on the Poland Street side of the building to be turned off by 21:00 hours.

Erection of a plinth and public art sculpture, and associated works within Audley Square.

An additional representation was received from Kanda (13.04.22).

Amanda James addressed the Sub-Committee in support of the application.

Philip Jackson addressed the Sub-Committee in support of the application.

RESOLVED UNANIMOUSLY:

1.              (i)       That the additional information submitted, and the results of the public consultation exercise addressed the concerns previously expressed.

(ii)       That conditional permission be granted subject to completion of a S106 unilateral undertaking to secure the following:

a)        Lighting of the public art,

b)        the proposed structural support for the public art,

c)        a maintenance programme for the public art,

d)        public liability insurance for the public art,

e)        the proviso that the Council can require the removal or remove the public art itself, and that the applicant is required to fund all associated costs, including reinstatement of the highway to the Highway Authority's satisfaction,

f)        the cost of monitoring the agreement,

g)        costs of the stopping-up process; and

h)        a commuted sum of £50,000 for maintenance of the public art

2.        If the S106 unilateral undertaking had not been completed within six weeks then:

a)        The Director of Place Shaping and Town Planning should consider whether it would be possible and 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 was authorised to determine and issue such a decision under Delegated Powers; however, if not;

b)        The Director of Place Shaping and Town Planning should consider whether permission should be refused on the grounds that the proposals were unacceptable in the absence of the benefits which would have been secured; if so, the Director of Place Shaping and Town Planning was authorised to determine the application and agree appropriate reasons for refusal under Delegated Powers.

Variation of conditions 2 and 3 of planning permission dated 27 October 2015 (RN: 15/04113/FULL) which itself varied condition 13 (tables and chairs) of planning permission dated 07 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 (previously Cote restaurant) only. NAMELY, to allow takeaway and delivery sales from the premises, with delivery drivers utilising the motorcycle bay on Hereford Road outside of 20-22 Hereford Road and allow a small ancillary bar area within the restaurant to serve diners at the restaurant and to provide bar-style seating areas.

Mark Shearman addressed the Sub-Committee in support of the application.

RESOLVED UNANIMOUSLY:

That conditional permission be granted.

Installation of timber decking with provision for drainage and retention of black painted railings to terrace (Linked with 21/08062/LBC).

An additional representation was received from Ninety Clifton Hill Management Ltd (13.04.22).

The presenting officer had circulated amendments to the report (08.04.22).

A late representation was received from the applicant (13.04.22).

Zein Khan addressed the Sub-Committee in support of the application.

RESOLVED UNANIMOUSLY:

1)        That conditional permission be granted.

2)        That conditional listed building consent be granted.

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

PART 2 (IN Private)

RECOMMENDED: That under Section 100 (a) (3) and Paragraph 3 of Part 1 of Schedule 12A of the Local Government Act 1972 (as amended), the public and press be excluded from the meeting for the following Item of Business because it involves the likely disclosure of exempt information relating to the financial or business affairs of any particular person (including the Authority holding that information) and it is considered that, in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information

Items            Grounds                                                         Para. of Part 1                                                                                                                                                                   of Schedule 12a                                                                                                                                                                    of the Act   

                   The Reports involve the                                           Para. 3                               6 & 7                    likely disclosure of exempt                                                                                       

                   information relating to 

                   financial or business affairs. 

Application 1

48 Blomfield Road: 1 x Tree of Heaven (T4): fell

Application 2

49 Blomfield Road: 2 x limes (T5 and T6): fell</AI10>

RESOLVED UNANIMOUSLY:

Application 1

That consent be refused on the grounds of its high amenity value and that its loss would be detrimental to the character and appearance of the Maida Vale Conservation Area.

Application 2

That consent be refused on the grounds of its high amenity value and that its loss would be detrimental to the character and appearance of the Maida Vale Conservation Area.