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 Chairmen 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; together with bundles of the letters or e-mails             received in respect of this application containing objections or giving support.         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 has been ignored.

2.2       Councillor Rigby declared that in respect of Item 1 he had sat on a previous     Planning Committee which considered the Application. Councillor Mark           Shearer and Councillor Tim Roca also made the same declaration.

2.3       Councillor Mark Shearer declared that in respect of Item 1, he knew an            individual who worked for the Applicant from his work capacity and   commented that this did not preclude him from considering the Application.

            Councillor Shearer also declared that in respect of Item 2, the Applicant          owned properties that were situated in his Ward and advised that he met with         them on a regular basis. He advised that no discussions had been held     about the Application.

            He further declared that in respect of Item 7, the Application site was      located in 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 9 November 2021 be signed by the Chairman as a correct record of proceedings.

Applications for decision

Installation of new ground floor shopfronts including 2no. new double height entrances; extensive refurbishment of the existing Portland stone facade; replacement of the existing windows between first and fifth floors with new double-glazed units, and modification of the fifth floor windows to increase their height; infill construction along fifth floor Chapel Place in facsimile of the existing facade to provide additional Class E floorspace; installation of ventilation louvres to the Chapel Place elevation at first to fourth levels; demolition of the sixth and seventh floors and erection of replacement sixth and seventh floors (including the creation of new external terrace areas) and new eighth floor roof extension with external terrace areas, all for use within Class E; and consolidation of roof level plant within a single enclosure and provision of a new building maintenance unit at roof level

Late Representations were received from Concilio (24.01.22) and Councillor Timothy Barnes (24.01.22).

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

RESOLVED:

1.     That conditional permission be granted subject to a legal agreement to secure the following:

a)    A financial contribution of £225,000 towards the Carbon 0ff-Set Fund (payable prior to commencement of development).

b)     Undertaking of highways works to Chapel Place, Oxford Street, Old Cavendish Street and Henrietta Place. Highway works be agreed and alterations to traffic orders to have been confirmed prior to commencement of: (i) Works to construct the replacement sixth and seventh floor levels and new eighth floor level; or (ii) The installation of the replacement windows at first to fifth floor levels. If undertaken by the owner (by agreement with the City Council), highway works be completed prior to occupation of any part of the new floorspace at sixth, seventh and eighth floors.

c)     A financial contribution of £41,000 to support the Westminster Employment Service (payable prior Page 1to commencement of development).

2.     If the S106 legal agreement has not been completed within six weeks of the date of this resolution then:

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

b)    The Director of Place Shaping and Planning shall consider whether the permission should be refused on the grounds that it has not proved possible to complete an agreement within an 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 Planning is authorised to determine the application and agree appropriate reasons for refusal under Delegated Powers

Alterations and extensions to the existing building comprising a rear extension at the third floor level and front and rear extensions at the fourth floor level, the erection of a single storey extension to create a new fifth floor level for additional commercial floorspace, including the creation of new living walls on the front façade of the building and to the upper floor extensions, the creation of new terrace spaces, new fire escape staircase, a new rooftop plant enclosure, green roofs and PV Panels, and other associated works.

A late representation was received from Councillor Timothy Barnes (24.01.22)

John Osborn addressed the Sub-Committee in support of the application.

RESOLVED:

That conditional permission be granted.

Demolition of dome and erection of single storey extension for Class E use at first floor level within lightwell. (Site includes 2-12 Brompton Road).

Late representations were received from The Knightsbridge Association (25.01.22) and the Knightsbridge Neighbourhood Forum (24.01.22)

RESOLVED:

1.     That conditional permission be granted

2.     That an additional informative be included which request the Applicant to allow the residents to use the extension roof as amenity space.

Use of the former car park on the lower ground (basement) and upper ground (ground) floors of the building to self-storage use (Class B8), ancillary office space, internal car parking, internal and external cycle parking, associated external alterations to the facade, forecourt and pavement.

An additional representation was received from a local resident (19.01.21).

The presenting officer tabled the following changes to Condition 11.

PLANNING APPLICATIONS SUB COMMITTEE

25 January 2022

Item 4 – Arthur Court

Change to Condition 11

Condition should read:

The design and structure of the building shall be of such a standard that it will protect residents within the same building or in adjoining buildings from noise and vibration from the development, so that they are not exposed to noise levels indoors of more than 35 dB LAeq 16 hrs daytime and of more than 30 dB LAeq 8 hrs in bedrooms at night. Inside bedrooms 45 dB L Amax is not to be exceeded more than 15 times per night-time from sources other than emergency sirens.  (C49BB)

Instead of the published condition:

The design and structure of the building shall be of such a standard that it will protect residents within it from existing external noise so that they are not exposed to levels indoors of more than 35 dB LAeq 16 hrs daytime and of more than 30 dB LAeq 8 hrs in bedrooms at night.  (C49AA)

Robin Greenwood addressed the Sub-Committee in support of the application.

Gideon Levy addressed the Sub-Committee in objection to the application.

RESOLVED:

1.     That conditional permission, as amended, be granted subject to a legal agreement to secure the following:

a)Highway works outside the site in Queensway to facilitate access to the development.

2.     If the S106 legal agreement has not been completed within six weeks of the date of this resolution then:

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

b) The Director of Place Shaping and Planning shall consider whether the permission should be refused on the grounds that it has not proved possible to complete an agreement within an 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 Planning is authorised to determine the application and agree appropriate reasons for refusal under Delegated Powers

3.     That an additional condition be included which requires staff to be on site at all times that the facility is open, and that Condition 5 be amended to allow opening only between 08:00 – 22:00 and requirement that roller shutters are properly maintained.

4.     That an informative be included which requires the operators’ details to be made available to local residents.

5.     That a condition securing  ...  view the full minutes text for item 4.

Use of the lower ground floor as a self-contained flat with associated extensions and alterations including erection of lower ground floor rear extension with green roof, lowering of lower ground floor, new front lightwell, alterations to fenestration including enlargement of lower ground floor windows, new upper ground floor rear balcony and staircase to garden level.

Additional representations were received from WWC Building Control, Growth, Planning and Housing (12.01.22) and (10.01.22) and WWC City Highways Environment and City Management (14.01.22).

RESOLVED (For:  Cllrs, Robert Rigby, Susie Burbridge and Mark Shearer; Against: Councillor Tim Roca)

That conditional permission be granted

Lowering of part of the lower ground floor slab and excavation to provide a swimming pool to the lower ground floor; rebuilding and repair of part of the existing rear facade with new sash windows; first floor rear terrace; use of rear mews upper floors as a separate residential unit with new access from the side elevation; addition of roof lights to both the main house and mews house flat roofs; and associated external alterations and internal alterations including new lift. (Linked with 21/06201/LBC)

Additional representations were received from WWC Building Control, Growth, Planning and Housing (20.01.22) TIGG + COLL Architects (09.12.21) and Horne Littlemore Structural Engineers Ltd (09.12.21)

RESOLVED:

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

Use of basement and ground floors as Adult Gaming Centre (Sui

Generis)

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

Councillor Tim Mitchell addressed the Sub-Committee in objection to the application.

RESOLVED:

1.     That conditional permission be granted.

2.     That Condition 2 be amended to restrict opening to 08:00 – 00.00

3.     That Condition 3 be amended to change capacity to 50.