Agenda and minutes

To note any changes to the membership.

1.1       Councillor Mark Shearer was welcomed to the committee.

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       Councillor Robert Rigby explained that a week before the meeting, all six         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 e-mails 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 Mark Shearer declared that in respect of item 3, he confirmed that he received a presentation for the site, in his role as the Ward Councillor.  Councillor Shearer also declared that with respect of item 4, he attended a site visit with the planner officer for more clarity on the site.  Councillor Shearer also noted that he attended university with Anna Bond from Grosvenor Properties.

2.3       Councillor Jim Glen declared an interest in respect of Item 1 and 4, where he sat on the planning committee which heard the original applications. Councillor Glen also declared that he was a Trustee of the Westminster Tree Trust and confirmed that his membership would not affect his views.

2.4       Councillor Louise Hyams declared an interest in respect of Item 1 and 4, where she sat on the planning committee which heard the original applications.  Councillor Hyams also declared that in respect of item 3, she received a presentation for the site, in her role as the Ward Councillor. 

2.5       Councillor Geoff Barraclough declared an interest in respect of Item 1 and 4, where she sat on the planning committee which heard the original applications. 

2.6       Councillor David Boothroyd declared he was Head of Research and Psephology for Thorncliffe, whose clients were companies applying for planning permission from various local authorities. He was precluded from working on any scheme in Westminster under the company’s code of conduct.

JLL, Gerald Eve and DP9 are planning consultants for some Thorncliffe clients and were also acting for applicants at the meeting. He did not deal directly with clients or other members of project teams, and planning consultants were not themselves clients. Councillor Boothroyd also declared an interest in respect of Item 1 and 4, where he sat on the planning committee which heard the original applications.

2.7       Councillor Robert Rigby declared an interest in respect of Item 1 and 4, where he sat on the planning committee which heard the original applications. He added that he met with the Applicant in respect of Item 4 in May 2020 for an overview of the scheme.  Councillor Robert Rigby also declared an interest in respect of Item 2 where he met with the Developer and Officers in April 2021  ...  view the full minutes text for item 2.

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

To Follow.

3.1       That the minutes of the meeting held on 7 September 2021 be signed by the     Chair as a correct record of proceedings.

Applications for decision

Phase 1 - Demolition of 23 garages and former Balmoral Castle Public House. Phase 2 - Erection of a part seven storey, part six storey and part five storey building to provide community supporting housing (Class C3) (Block A). Phase 3 - Demolition of Darwin House. Phase 4 - Erection of part five storey and part four storey building to provide housing (Class C3) (Block B). All together with new public open space, hard and soft landscaping, car parking, cycle parking, plant and other associated works in each phase. (Addendum Report)

RESOLVED UNANIMOUSLY:

1. Grant conditional permission pursuant to Regulation 3 of the Town and Country Planning General Regulations 1992, subject to completion of a S106 unilateral undertaking to secure the following:

a) provision of the 52 x residential units as Intermediate Rented Housing (18 x 1 bedroom flats in Block B) and Community Supportive Social Rented Housing (34 x 1 bedroom flats in Block A) and Intermediate Rented Housing (18 x 1 bedroom flats in Block B) in accordance with the affordability criteria specified by the Housing Development Manager;

b) provision of car club membership for 25 years for each residential flat;

c) walkways agreement to secure access through the site;

d) a carbon offset contribution of £21,090;

e) a financial contribution of £6954 to the Westminster Employment Service (index linked and payable on commencement of development);

f) the cost of monitoring the agreement; and

g) costs of the stopping-up process.

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

a) The Director of Place Shaping and Town Planning shall 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 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 the proposals are unacceptable in the absence of the benefits which 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.

3. Authorise the making of a draft Order pursuant to Section 247 of The Town and Country Planning Act (1990) (as amended) for the stopping up of parts of the public highway to enable this development to take place.

4. Authorise the Director of City Highways, Executive Director of City Management and Communities, or other such proper officer of the Council responsible for highway functions, to take all necessary procedural steps in conjunction with the making of the Order and to make the Order as proposed if there are no unresolved objections to the draft Order.

Alterations and extensions to, and partial demolition of, existing building to provide partly extended and refurbished, and partly new, building comprising deepened basement, ground, and nine upper floors (including ninth floor Class E space and plant enclosure) to provide commercial, business and service (Class E) use, replacement facades and shopfronts, installation of new plant, provision of cycle parking and other associated works.

Late representations:

1. Email: David Bloy, British Land Company 24.09.2021

2. Letter: John Finlayson, Greater London Authority 27.09.2021

Victoria Sharpiro addressed the Sub-Committee in support of the application.

RESOLVED UNANIMOUSLY:

1. Subject to the views of the Mayor of London and no objections from Historic England (to be referred back to Committee if Historic England object) grant conditional permission subject to the completion of a legal agreement to secure the following:

i. A carbon offset payment of £1,053,523 (index linked) payable on commencement of the development

ii. Submit an Employment and Skills Plan and a financial contribution of £304,913 towards the Westminster Employment Service prior to commencement of development

iii. Highways works associated with the development iv. The provision of on-site Public Art

v. The costs of monitoring the agreement.

2. If the s106 agreement has not been completed within eight weeks 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 of Place Shaping and Town Planning 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 undertaking 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 of Place Shaping and Town Planning is authorised to determine the application and agree appropriate reasons for refusal under Delegated Powers.

3. That the Sub-Committee authorises the making of a draft order pursuant to s247 of the Town and Country Planning Act 1990 for the stopping up of a part of the public highway on all sides of the development on Oxford Street, Vere Street, Henrietta Place and Marylebone Lane. That the Director of Place Shaping and Planning, Executive Director of Environment and City Management, Director of City Highways or other such proper officer of the City Council responsible for highway functions, be authorised to take all necessary procedural steps in conjunction with the making of the order and to make the order as proposed if there are no unresolved objections to the draft order.

Alterations and extensions to the Ritz hotel at roof level and on the site of 22 Arlington Street comprising an extension of four basements, lower ground, ground, mezzanine and seven upper floors to provide additional hotel floorspace including new hotel rooms/suites, entrances on Arlington Street, arrival and drop off facilities, changes to the servicing and refuse facilities, car and cycle parking, plant, associated hotel facilities and upgrades and all necessary works, including demolition, enabling, highways and other ancillary works.

Late representations:

1. Brochure: DAVID JENNINGS, Chair of The Westminster Society 24.09.2021

2. Email: Sheikh Ahmed Bin Khalid Bin Mohammed Bin Ali Bin Abdullah Bin Qassim

Bin Mohammed Al Thani 27.09.2021

Andrew Love addressed the Sub-Committee in support of the application.

Chris Beard addressed the Sub-Committee in support of the application.

RESOLVED UNANIMOUSLY:

1. Grant conditional permission and conditional listed building consent subject to the completion of a S106 legal agreement to secure: i. Employment and Skills Plan including operational phase employment targets and a Financial Contribution of £188,911.40 to support the Westminster Employment Service (index linked and payable on commencement of development). ii. Highway works including repaving, highway reinstatement and making good of dropped kerbs to site frontage along Arlington Street. iii. Carbon-off set payment of £509,352. iv. Financial contribution of £10,000 for replacement tree planting. v. 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 of Place Shaping and Town Planning 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 of Place Shaping and Town Planning is authorised to determine the application and agree appropriate reasons for refusal under Delegated Powers. 3. Agree the reasons for granting listed building consent as set out in Informative 1 of the draft decision letter

Part demolition, excavation (including beneath Davies Mews), erection of new buildings and alterations to existing buildings comprising: redevelopment of 60 Brook Street; redevelopment of 48, 50, 56 and 58 Brook Street and 16 Davies Mews behind retained Brook Street facades at; redevelopment behind retained and partially reconstructed facade at 52-54 Brook Street; refurbishment with alterations and addition of turret and gables at 40-46 Brook Street and 40 South Molton Lane; redevelopment behind retained Davies Mews and South Molton Lane elevations and front roof at 1-7 Davies Mews and 28-30 South Molton Lane; refurbishment and alterations at 50 Davies Street; refurbishment with alterations and partial demolition and redevelopment of upper floors at 52- 54 Davies Street; redevelopment behind reconstructed and extended facade at 56 Davies Street and Brookfield House (44-48 Davies Street and 62 and 64 Brook Street); part demolition of ground floor and refurbishment at 10 South Molton Street; refurbishment and alterations at 15-25, 27 and 42 South Molton Street; all to provide a development of up to 9 storeys including Class B1 (Business), Class A1 (Shops), Class A3 (Restaurant and Cafes), Class A4 (Drinking Establishment), composite use comprising public house and guest accommodation (sui generis), Class C3 (Dwellinghouses), Class D1 (Non-Residential Institutions) and Class C1 (Hotel) uses, improvements to public realm and pedestrian routes, servicing, ancillary plant and storage, cycle parking and other associated works.

Late representations:

1. Letter: Anna Bond, Grosvenor Properties, 23.09.2021

            The Planning officer tabled the following conditions:

            Planning application (Ref: 20/03987/FULL).

Amended Recommendation 1(g):

An Employment and Skills Plan(s) for the demolition, construction and operational (for the commercial elements) phases of the development and a contribution of £346,000 to support the Westminster Employment Service. Employment and Skills Plan(s) submitted prior to the commencement of the relevant development phase. Financial contribution payable prior to the commencement of development.

Amended Condition 11:

Pre Commencement Condition

You must apply to us for approval of detailed drawings showing how you will support and protect the parts of the building which are to be kept during building work. You must not start work until we have approved what you have sent us. You must then carry out the work according to these drawings. 

This condition may be discharged on a phase-by-phase basis.

No change to reason.

Amended Condition 20:

After 22.00 daily, the windows and doors within the South Molton Lane elevation of the commercial unit within the North Block at the corner of Davies Mews and South Molton Street (annotated as A3 - N.F03 on the approved drawings) shall be fixed shut and customers accessing or exiting this unit after this time shall use the doors on Davies Mews. This is with the exception of fire escapes.

No change to reason.

Amended Condition 25

The retractable door and secondary hotel restaurant access at ground floor level of 40 South Molton Lane shall be fixed shut after 22.00 daily and customers shall access and exit the hotel restaurant and bar via Brook Street after this  ...  view the full minutes text for item 4.