Agenda item

Demolition of the existing garages and erection of seven dwellings, associated gardens and parking and wider landscape and public realm improvements.

Late representations were received from Councillor David Boothroyd (30/09/19) and Councillor Adam Hug (30/09/19) in support of the proposal.

The presenting officer tabled the following corrections to the report and the additional/amended conditions:

Report Corrections

Paragraph 8.1 in ‘Residential Use’ should refer to the “seven houses”.

Paragraph 8.3 in ‘Sunlight and Daylight’, in third paragraph should read 64-78 Lapworth Court.

Paragraph 8.4 relating to cycle parking is incorrect.  Cycle parking is proposed in storage sheds in the rear gardens.  This is to be secured by condition and condition 12 is amended to reflect this. 

Paragraph 8.7 should have referred to ecology. The applicant has submitted an ecology report assessing the impacts of the development upon the ecology of the application site and surrounding area. Whilst there are no bats or birds nesting in the application site or surrounding trees, the ecologist has confirmed that they may have potential to be used for nesting. The report confirms that there has been no recent reports of any bats or other protected species in the application site or surrounding it. Natural England has been consulted on the application and makes no comments.  Officers recommend an informative be added advising the applicant that should there be any evidence of bats during the demolition works, works must halt, and contact made with a registered bat ecologist be made to discuss an appropriate course of action. 

Additional/ Amended conditions

Condition 12:

You must provide each cycle parking space shown on the approved drawings prior to occupation. Thereafter the cycle spaces must be retained, and the space used for no other purpose without the prior written consent of the local planning authority.

Reason:

To provide cycle parking spaces for people using the development as set out in Policy 6.9 (Table 6.3) of the London Plan 2016 (R22FA)

Condition 14:

{\b Pre Commencement Condition}. You must not start work on the site until we have approved in writing appropriate arrangements to secure the following: -

Mitigation for the demand for on street car parking resultant from the development.

In the case of each of the above benefits, you must include in the arrangements details of when you will provide the benefits, and how you will guarantee this timing.  You must only carry out the development according to the approved arrangements.  (C19AB)

Reason:

To make sure that the development provides the planning benefits that have been agreed, as set out in S33 of Westminster's City Plan (November 2016) and in TRANS 23; of our Unitary Development Plan that we adopted in January 2007.  (R19AC)

Condition 15:

Prior to occupation of the residential units the six carparking spaces and motorcycle spaces shown on the approved plans shall be provided. These must be maintained at all times.

Reason:

To provide parking spaces for people using the development as set out in STRA 25 and TRANS 23; of our Unitary Development Plan that we adopted in January 2007.  (R22AB)

Condition 16:

The public improvement works hereby approved shall be implemented prior to occupation of the residential units or within a reasonable timeframe as agreed in writing with the City Council.

Reason

To improve the appearance of the development, to make sure that it contributes to the character and appearance of the area, and to improve its contribution to biodiversity and the local environment.  This is as set out in S38 of Westminster's City Plan (November 2016) and ENV 16, ENV 17 and DES 1 (A) of our Unitary Development Plan that we adopted in January 2007.  (R30BC)

Condition 17

You must plant new trees to replace those which are shown to be removed on drawing CBA11049LC.02C TPP.   The replacement trees must be planted in the first planting season after you complete the development.  You must apply to us for our approval of the position, size and species of the replacement trees.  You must also replace any replacement tree which dies, is removed or becomes seriously damaged or diseased within five years of the date we give our approval for the replacement trees, in the next planting season with another of the same size and species to the one originally planted. 

Reason

To improve the appearance of the development and its contribution to biodiversity and the local environment, as set out in S38 of Westminster's City Plan (November 2016) and ENV 16, ENV 17 and DES 1 (A) of our Unitary Development Plan that we adopted in January 2007.  (R30AC)

Condition 18:

Prior to the first occupation of each building or part of a building or use, a 'Secured by Design' accreditation shall be obtained for such building or part of such building or use and thereafter all features are to be permanently retained.

Reason

As required by Metropolitan Police Service.

Informative 10:

When you carry out the work, you must not intentionally kill, injure or take a bat, or intentionally or recklessly damage, destroy or block access to any structure or place that a bat uses for shelter. These would be offences under the Wildlife and Countryside Act 1981, the Habitats Regulations 1994 and the Countryside and Rights of Way Act 2000. For more advice, please seek the advice of a registered bat ecologist.

Jennifer Turner addressed the Sub-Committee in support of the application.

RESOLVED UNANIMOUSLY:

That conditional permission, as amended, be granted under Regulation 3 of the Town and Country Planning General Regulations 1992 subject to an additional condition preventing the gates to the properties from opening out over the public highway.