Agenda item

Demolition and rebuilding of fifth and sixth floors and erection of two storey extension above the UKPN substation fronting Marshall Street, in connection with the use of the part basement and ground for restaurant purposes (Class A3), flexible/alternative use of part first floor as either offices (Class B1), or for up to two restaurants (Class A3), continued use of the part basement, part ground, second, third and fourth floors as offices (Class B1) with flexible/alternative use of part ground, part first, second and third floors as gym (Class D2) and the provision of 15 residential flats with external terraces at fifth floor level. External alterations to the whole building, including new roof profile, facade alterations, shopfront alterations, painting of existing brickwork, creation of office roof terrace at 6th floor level. Installation of a biodiverse roof, along with new plant and photovoltaic panels.

An additional representation was received from a local resident (30.05.19).

Late representations were received from Shaftesbury (29.05.19) and Councillor Pancho Lewis (04.06.19).

The presenting officer tabled the following additional condition:

New Condition 44

You must apply to us for approval of detailed drawings showing the following alteration(s) to the scheme:

- The sixth-floor roof terrace to be set back on the eastern side by 1.5m (to where the access door is located). You must not start on these parts of the work until we have approved what you have sent us. You must then carry out the work according to the approved drawings. 

RESOLVED UNANIMOUSLY:

1)              That conditional permission, as amended, be granted, subject to:

a)     An additional condition relating to the details on how the applicant would prevent anti-social behaviour occurring on the corner of Broadwick Street and Carnaby Street; and

b)    A S106 legal agreement to secure the following:

i)     The costs relating to Highway Alterations including works immediately surrounding the site required for the development to occur, including changes to on-street restrictions, alterations to the vehicle access and adjoining footway;

ii)    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) (as amended) to 'stop-up' an area of public highway.

iii)  Lifetime (25 years) Membership to a Car Club for each of the 15 flats proposed;

iv)  A financial contribution to the carbon offsetting fund carbon offsetting fund of £31,338 (index linked and payable prior to commencement of development).

v)   S106 monitoring costs.

2)        That if the S106 legal agreements had not been completed within six weeks of the date of the Committee resolution, 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 the decision under Delegated Powers; however, if not;

b)        The Director of Place Shaping and Town Planning should consider whether the 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.

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

4)        That the Executive Director of City Management & Communities or other appropriate officer 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. The applicant would be required to cover all costs of the Council in progressing the stopping up order.