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.

2.2       Councillor Boothroyd declared that the he is the Head of Research and Psephology for Thorncliffe, whose clients are companies applying for planning permission from various local authorities. He advised that 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 advised the Committee that some Thorncliffe clients have also engaged planning consultants who are separately representing the applicants tonight: Montagu Evans on item 1 and Gerald Eve on items 4, 5 and 6. However he does not deal directly with clients or other members of project teams, and planning consultants are not themselves clients.

2.3       Councillor Boothroyd further added that with regards to item 3, Angela Piddock who was headteacher of Wilberforce School until 2011, is a friend.  On item 4, he advised that he was a member of previous committees deciding applications for this site and have corresponded with objectors after the decisions. On item 5, Councillor Boothroyd declared that he was been a member of previous committees deciding applications for this site.

2.4       Councillor Glen advised that one application referred to trees, he declared that he is a trustee of the Westminster Tree Trust, however the Trust had no interest in the application.

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 8 October 2019 be signed by the Chairman as a correct record of proceedings.

Applications for decision

Demolition and redevelopment of existing building to provide a nine storey building (Basement, Lower Ground, Ground + 6 upper floors) and roof level plant, providing flexible commercial units at ground floor (Classes A1/A2/A3/D2) and lower ground floor (Class D2 gym), office accommodation (Class B1a) on upper levels, with cycle parking, changing facilities, waste storage and plant at basement level.

A late representation was received from Concilio in the form of a letter on the proposed development (06.11.19).

Marek Wojciechowski addressed the Sub-Committee in support of the application.

Agapi Fylaktou addressed the Sub-Committee in objection of the application.

RESOLVED: (Councillors Melvyn Caplan, David Boothroyd, Robert Rigby, Jim Glen and Elizabeth Hitchcock for, Councillor Geoff Barraclough against)

1.      That conditional permission be granted including an additional condition to restrict hours of servicing to be agreed by the Chairman, and subject to a S106 legal agreement to secure the following:

a) All highway works immediately surrounding the site required for the development to occur, including any necessary changes to footway levels, on-street restrictions, removal of bollards and associated work (legal, administrative and physical).  

b) A financial contribution towards employment, training and skills of £54,283 (index linked) payable on commencement of development.

c) A financial contribution (index linked) towards the City Council's affordable housing fund, payable upon commencement of development.  The precise amount will be dependent upon the configuration of land uses at ground floor level.

d) Removal of two street lights immediately outside the application site and their relocation onto the new building (to be completed prior to occupation).  A wayleave agreement will be required.

e) Monitoring costs.

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

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

b) The Director of Place Shaping and Town Planning shall consider whether permission should be refused on the grounds that it has not proved possible to complete an agreement within the appropriate timescale, and that the proposals are unacceptable in the absence of the benefits that would have been secured; if so, the Director is authorised to determine the application and agree appropriate reasons for refusal under Delegated Powers.

3a) That Committee authorises the making of a draft order pursuant to s247 of the Town and Country Planning Act 1990 for the stopping up of parts of the public highway and creation of new public highway to enable this development to take place.

The application was withdrawn by officers.

Part a) proposed demolition of block b and c of Wilberforce Primary School following their relocation to block a. Part b) proposed new build special school in place of blocks b and c to accommodate the relocation of St Marylebone CE Bridge School, together with associated access, parking and landscaping works.

RESOLVED UNANIMOUSLY:

1.                                  That conditional permission be granted under Regulation 3 of the Town and Country Planning General Regulations 1992, subject to a Grampian condition to secure highway works in Herries Street to relocate the existing metal barrier to outside of the new school entrance.

Variation of conditions 1 and 24 of planning permission dated 27 March 2019 (RN: 16/11376/FULL) for the: Demolition of the existing buildings at 19-35 Baker Street, 88-110 George Street, 69-71 Blandford Street and redevelopment to create a mixed use scheme providing offices (Class B1), retail (Class A1 and flexible Class A1/A3 units) and up to 51 residential units (Class C3) within a new ground plus nine storey building (and an enclosed plant area) on Baker Street; a new stepped ground plus four to ground plus six storey building on George Street; refurbishment, extension and the change of use of the first floor from office to residential at 30 Gloucester Place; creation of a single storey basement level linking the Baker Street and George Street buildings to provide car and cycle parking, refuse and servicing; creation of a new central, publicly accessible courtyard; removal of 5 trees and replacement trees across the site, a new publicly accessible route at ground level connecting Baker Street and Gloucester Place; associated plant, landscaping, replacement pavements in part and other associated works.  Namely, to allow the revision of energy strategy to omit the gas-fired boilers and replace with all electric air source heat pumps across buildings C and D; revisions to facade design of 19-35 Baker Street (building C); and associated alterations.

Benjy Lesser addressed the Sub-Committee in support of the application.

Rosemary Hook addressed the Sub-Committee in objection of the application.

A late email was tabled by officers from Toyin Omodara (12.11.19)

A late email was tabled from Rosemary Hook to Councillor Iain Bott (06.11.19)

A late email was tabled from Robert Hook to Councillor Iain Bott (12.11.19)

A late email was tabled from Robert Hook to Councillor Iain Bott (11.11.19)

A late email was tabled from Robert Hook to Councillor Iain Bott (10.11.19)

RESOLVED: (Councillors Melvyn Caplan, Robert Rigby, Jim Glen and Elizabeth Hitchcock for, Councillors David Boothroyd and Geoff Barraclough against)

1.         Subject to referral to the Mayor of London, grant conditional permission subject to a deed of variation to a S106 legal agreement to secure:

i)     provision of 10 affordable housing units at 30 Gloucester Place, (including securing rent levels) to be made ready for occupation prior to the occupation of the market housing on George Street (building D) 

ii)   a financial contribution of £10 million towards the City Council's affordable housing fund (index linked and payable on commencement of development)

iii)  a viability review mechanism

v)   costs relating to highways works around the site to facilitate the development

v)   provision of unallocated residential parking

vi)  lifetime car club membership (25 years) for each residential unit payable on first occupation

vii)a lift management and maintenance plan

viii) a financial contribution to the carbon offsetting fund carbon offsetting fund of £76,665 for the residential part of the development prior to commencement of development

ix)  the applicant pays the City Council's reasonable costs of making and consulting on an Order pursuant to Section 247 of the Town and Country Planning Act (1990)  ...  view the full minutes text for item 4.

Variation of condition 1 of planning permission dated 21 December 2017 (RN: 17/00938/FULL) which itself varied Condition 2 of planning permission dated 2 November 2003 (RN: 02/06302/FULL) for the: Demolition of existing buildings and erection of residential building of 6-8 storeys comprising 66 apartments including 17 affordable units and provision of 64 parking spaces in two basements. Namely, to allow the addition of mechanical ventilation and sprinklers at basement levels; smoke extraction and sprinklers within the communal corridors at the upper levels; increase in floor to ceiling heights to 2.6 metres; lowering of the central ground floor slab; disabled access lift added to the ground floor entrances; introduction of escape windows to ground floor apartments; reduction in the floor areas of units 007 and 008; inclusion of photovoltaic panels at sixth and seventh floor roof level; and removal of seventh floor mezzanine.

Archie Avery addressed the Sub-Committee in support of the application.

Stuart Rackham (representing residents of Balmoral Court) addressed the Sub-Committee in objection of the application.

A late email was tabled by officers from Gerald Eve LLP (7.11.19)

A late email was tabled by officers from Gerald Eve LLP (8.11.19)

A late representation was received from Rackham Planning (12.11.19)

The presenting officer tabled the following revised changes to the conditions and draft decision letter.

Item 5 Development Site 1 ½ Queen’s Terrace and 12-22 Finchley Road NW8 

Following the publication of the Committee report, the agent has since clarified the use of the shared amenity space at the front of the development as set as in Section 8.14 of the Committee report .Therefore it is recommended to make further change to the wording of Condition 22 to reflect that the area highlighted in blue will be the amenity space for the affordable housing units and this will incur no service charge for the affordable units .

Current Condition 22

The external amenity space at the front of the development fronting onto Finchley Road as shown on drawing FIN-P-102 Rev I must be provided, maintained and retained and be made accessible for all residents across tenures within this development.

New Condition 22

The external amenity space at the front of the development fronting onto Finchley Road as shown on drawing FIN-P-102 Rev I must be provided, maintained and retained and be made accessible for all residents within the development and the area highlighted in blue shall be for the affordable housing units as set out in email dated 1 November 2019 and shall not incur a service charge.

RESOLVED: (Councillors Melvyn Caplan, David Boothroyd, Robert Rigby, Jim Glen and Elizabeth Hitchcock for, Councillor Geoff Barraclough against)

That conditional permission be granted subject to amendments to Condition 22 as tabled, the addition of condition to protect residents of the development from external noise and vibration, anda deed of variation to the legal agreement dated to reflect this latest Section 73 application.

Use of 52-54 Davies Street for a temporary period until 2 July 2022 as ancillary back-of-house theatre space (sui generis) in connection with immersive theatre space and ancillary uses (sui generis) at 56 Davies Street.

Brian Hook addressed the Sub-Committee in support of the application.

RESOLVED UNANIMOUSLY:

That conditional permission be granted for a temporary period until 2 July 2022, subject to the removal of Condition 4 as tabled.