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 Gotz Mohindra explained that a week before the meeting, all seven 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 Mohindra declared a non-prejudicial interest in respect of item 3 in that he is an employee and shareholder of a company that rents a property, which the Howard de Walden Estate is the freeholder.

2.3       Councillors Bush and the Glen declared that they are trustees of the Westminster Tree Trust.

2.4      Councillor Boothroyd declared that he is Head of Research and Psephology for Thorncliffe, whose clients are companies applying for planning permission from various local authorities. No current schemes are in Westminster; if there were he would be precluded from working on them under the company’s code of conduct.

Councillor Boothroyd further declared that some Thorncliffe clients have engaged Montagu Evans as planning consultants, who are also representing the applicant on item 4. However he did not deal directly with clients or other members of project teams, and planning consultants are not themselves clients.

On item 1, he declared that he was a member of the committee deciding both Denison House and 1 Neathouse Place referred to in the report. On item 4, he worked close to the Lambeth end of Lambeth Bridge.

2.5       Councillor Gassanly declared in respect of item 4 that Chelsea Bridge and Grosvenor Bridge are partially located within his ward.

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 7 August 2018 be signed by the Chairman as a correct record of proceedings

Applications for decision

Demolition of existing buildings and erection of a new building comprising basement, 2 lower levels (basement level -1 and sub-basement -2), ground and 9 upper levels plus rooftop plant to provide a hotel with associated ancillary facilities including restaurant/bar and gym (Class C1), 2 x 2 bedroom apartments (Class C3), plant, cycle parking and other associated works.

Additional representations were received from the occupier of 68 Carlisle Mansions, Carlisle Place, London SW1P 1HZ (4.9.18 and 6.9.18).

Late representations were received from Vincent Square Ward councillors and a brochure from the applicant.

Councillor Selina Short addressed the committee on behalf of the Vincent Square Ward councillors.

RESOLVED: (Refuse: Councillors Freeman, Hitchcock, Glen, Boothroyd and Bush; Defer - to seek a reduction to the height of the proposed building: Councillors Mohindra and Gassanly)

That permission be refused on the grounds that the increased height and bulk at the site will result in an unacceptable increase in the sense of enclosure and loss of light to neighbouring residents.

Demolition of 134-140 Oxford Street and 77-84 Wells Street (Wells House) and the erection of a new building comprising basements, ground plus nine upper floors, with plant accommodation and part Sui Generis (nightclub) at basement level 02; cycle parking, plant accommodation and part Class A1 (retail) at basement level 01; part Class A1 (retail) accommodation and part Class B1 (office) at ground floor level, Class A1 (retail) and associated plant accommodation at first floor level, flexible Class A1 (retail) or Class B1 (office) at second floor and Class B1 (office) accommodation at third to seventh floors; plant accommodation and Class B1 (office) accommodation at eighth floor; Class B1 (office) accommodation at ninth floor; the creation of terraces on levels 6 to 8 and a rooftop terrace area at level 9 (all for use in association with office accommodation); photovoltaic panels on level 9 and the roof; and other associated works including short stay cycle parking spaces in Adam & Eve Court.

An additional representation was received from Councillor Jonathan Glanz (6.9.18).

Late representations were received from M&G Real Estate Ltd including a summary of proposals (7.9.18) and Councillor Timothy Barnes (11.9.18).

The presenting officer referred to the following error on land use Table 1 at p. 64 of the papers:

Table 1: Option A (i.e. if the second floor is used for office (Class B1) purposes.

The presenting officer also tabled the following amendments to the draft decision letter:

Condition 22

You must provide the following sustainability features as shown on the approved drawings and as set out within the approved Wells House Energy Strategy (dated 25 July 2018) before occupation of any part of the development:

-           Rainfall attenuation tank (with a capacity of at least 60 cubic metres).

-           Photovoltaic panels (with an area of at least 172 sq.m).

-           Low-e double and solar control glazing, as specified within Table 2 of the Wells    House Energy Strategy (dated 25 July 2018).

-           A Ground Source Heat Pump system, as specified within Table 3 of the Wells House       Energy Strategy (dated 25 July 2018).

-           Allowance for connections to any future heat network in the vicinity of the site.

You must not remove any of these features

[No change to reason for condition]

Condition 25

Pre Commencement Condition.

a)         You must apply to us for approval of an independent review of the environmental sustainability features (environmentally friendly features) of the development before you start any work on the development. In the case of an assessment using Building Research Establishment methods (BREEAM), you must provide a Design Stage Interim BREEAM rating and certificate of assessment this review must showing that the development is expected to you have achieved an `excellent' rating in respect to the office element of the development and a  ...  view the full minutes text for item 2.

Use of building as a restaurant/ drinking establishment (sui generis), addition of a mezzanine floor, erection of a roof extension, removal of steps to provide level access to building, internal modifications, and associated works.

Additional representations were circulated in the form of draft decision letters associated with any potential planning permission and listed building consent.

A late representation was received from Environmental Health (7.9.18).

The Presenting Officer tabled the following amendments:

Condition 12

The kitchen extract ventilation shall be limited to a recirculation system (i.e. with no external expulsion of air) approved by the Local Planning Authority and all cooking and reheating of food within the premises shall operate by electricity only and not by gas or solid fuels such as coal or wood.

[No change to reason for condition]

Additional Condition 19

Only the areas annotated as 12, 13, 14, 15, 16 and 17 at basement floor level on drawing number E17-011 PRP001 shall be used as a kitchen. The windows to the kitchen area shall be permanently fixed shut. The external door to the kitchen area shall be fitted with a self-closing mechanism prior to occupation of the building as a restaurant / drinking establishment (sui generis) and shall not be left open. This self-closing mechanism shall be retained for the life of the development.

Reason:

To make sure that the use will not cause nuisance for people in the area.  This is as set out in S24 and S29 of Westminster's City Plan (November 2016) and TACE 9 and ENV 5 of our Unitary Development Plan that we adopted in January 2007.

The presenting officer tabled the following amendments to conditions:

Condition 12

The kitchen extract ventilation shall be limited to a recirculation system (i.e. with no external expulsion of air) approved by the Local Planning Authority and all cooking and reheating of food within the premises shall operate by electricity only and not by gas or solid fuels such as coal or wood.

[No change to reason for condition]

Additional Condition 19

Only the areas annotated as 12, 13, 14, 15, 16 and 17 at basement floor level on drawing number E17-011 PRP001 shall be used as a kitchen. The windows to the kitchen area shall be permanently fixed shut. The external door to the kitchen area shall be fitted with a self-closing mechanism prior to occupation of the building as a restaurant / drinking establishment (sui generis) and shall not be left open. This self-closing mechanism shall be retained for the life of the development.

Reason:

To make sure that the use will not cause nuisance for people in the area.  This is as set out in S24 and S29 of Westminster's City Plan (November 2016) and TACE 9 and ENV 5 of our Unitary Development Plan that we adopted in January 2007.

UNANIMOUSLY RESOLVED:

1.       That conditional permission be granted subject to the changes to conditions as tabled and set out above.

2.       That conditional listed building consent be granted.

3.       That the reasons  ...  view the full minutes text for item 3.

The architectural illumination, as part of the Illuminated River proposal, of Waterloo Bridge (Application 1), Golden Jubilee Bridge (Application 2), Westminster Bridge (Application 3), Lambeth Bridge (Application 4), Vauxhall Bridge (Application 5), Grosvenor Bridge (Application 6) and Chelsea Bridge (Application 7) including the installation of fixtures, fittings and ancillary equipment and associated works.

The presenting officer tabled the following amendments to the draft decision letters:

Additional conditions

The illuminated displays hereby approved must not include corporate sponsorship or any form of advertising.

Condition 6

(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, 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, 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 Council. Your submission of a noise report must include:

(a)            A schedule of all plant and equipment that formed part of this application;

          (b)      Locations of the plant and machinery and associated: ducting; attenuation and damping equipment;

          (c)      Manufacturer specifications of sound emissions in octave or third                        octave detail;

          (d)      The location of most affected noise sensitive receptor location and the                 most affected window of it;

          (e)      Distances between plant & equipment and receptor location/s and any mitigating features that may attenuate the sound level received at the most affected receptor location;

          (f)       Measurements of existing LA90, 15  ...  view the full minutes text for item 4.