Agenda item

Demolition of 127 Oxford Street and 205 Wardour Street, 129-131 Oxford Street, 133-135 Oxford Street (including 53-54 Berwick Street and 201 Wardour Street) (behind retained Oxford, Wardour and Berwick Street facades and partially retained interior), 137 Oxford Street, 139-143 Oxford Street (behind retained façade), 199 Wardour Street (behind retained front and rear façades) and 55 Berwick Street. Excavation to provide new Basement 02 level. Redevelopment of site to provide ancillary plant and facilities at Basement 02 and part Basement 01 level; nightclub (sui generis) at part Basement 01 and 02 with ground floor entrance at No. 55 Berwick Street; retail (Class A1) floorspace at part Basement 01, part ground and part first floor levels; office (Class B1) at part ground, part first and second to sixth floor levels, and roof top plant.

An additional representation was received from Jones Lang LaSalle Ltd (02.10.2019).

A late representation was received from Thames Water (08.10.2019).

The presenting officer tabled the following amendments to conditions 10 and 22:

Condition 10

Pre Commencement Condition.

Prior to the commencement of any demolition or construction on site the applicant shall submit an approval of details application to the City Council as local planning authority comprising evidence that any implementation of the scheme hereby approved, by the applicant or any other party, will be bound by the council's Code of Construction Practice. Such evidence must take the form of a completed Appendix A of the Code of Construction Practice, signed by the applicant and approved by the Council's Environmental Inspectorate, which constitutes an agreement to comply with the Code of Construction Practice and requirements contained therein. Commencement of any demolition or construction cannot take place until the City Council as local planning authority has issued its written approval of such an application.  

Pre Commencement Condition.

Prior to the commencement of any:

(a) Demolition, and/or

(b) Earthworks/piling and/or 

(c) Construction

On site you must apply to us for our written approval of evidence to demonstrate that any implementation of the scheme hereby approved, by the applicant or any other party, will be bound by the council's Code of Construction Practice. Such evidence must take the form of the relevant completed Appendix A checklist from the Code of Construction Practice, signed by the applicant and approved by the Council's Environmental Sciences Team, which constitutes an agreement to comply with the Code of Construction Practice and requirements contained therein. Commencement of the relevant stage of demolition, earthworks/piling or construction cannot take place until the City Council as local planning authority has issued its written approval through submission of details prior to each stage of commencement.

[No change to reason for condition]

Condition 22

You must provide the following sustainability features as shown on the approved

drawings before occupation of any part of the development:

- Rainfall attenuation tank (with a capacity of at least 70 cubic metres).

- Photovoltaic panels comprising at least 114 m2 104 m2 of net active area of roof and façade

mounted PV panels.

- Glazing with g-value of not exceeding 0.34 throughout.

- Allowance for connections to any future heat network in the vicinity of the site.

- The 'living' green roofs on the non-terrace roof space, as shown on the approved

drawings.

You must not remove any of these features.

[No change to reason for condition]

Blythe Dunk addressed the Sub-Committee in support of the application.

RESOLVED (Councillors Gotz Mohindra, Geoff Barraclough, Murad Gassanly, Jim Glen and Elizabeth Hitchcock for, Councillor David Boothroyd against):

1.            That conditional permission be granted, subject amendments to conditions 10 and 22 as set out above and to a legal agreement to secure the following:

a)        A contribution to the City Council's Affordable Housing Fund of £1,735,000 (index linked), payable prior to commencement of development.

b)        A Carbon Offset Contribution of £70,000 (index linked), payable prior to commencement of development.

c)         Undertaking of highways works in the vicinity of the site, including alterations to the crossroad of Oxford Street, Wardour Street and Berners Street including but not necessarily limited to kerb line alterations (to enable widening of the footway outside the site on Wardour Street), wayleaving of street light in Wardour Street onto the application site’s frontage, associated traffic order making, alterations to crossing points, associated carriageway marking positions and any other associated works to accommodate the development (highways works to have been agreed and alterations to traffic orders to have been confirmed prior to commencement of development).

d)        A contribution of £89,000 (index linked) to support the Westminster Employment Service (payable prior to the commencement of development).

e)        The re-provision of a nightclub (Sui Generis) on site to shell and core (ready for tenant fit out) prior to the occupation of any of the office floorspace on site.

f)          The costs of monitoring the Section 106 legal agreement.

2.         That if the Section 106 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 the making of a draft order pursuant to s247 or s248 of the Town and Country Planning Act 1990 for the stopping up of parts of the public highway be authorised.

4.         That the Director of Place Shaping and Planning, Executive Director of City Management and Communities, 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 and that the applicant be required to cover all costs of the Council in progressing the stopping up order.

5          That conditional listed building consent be granted.

6.        That the reasons for granting listed building consent as set out in Informative 1 of the draft decision letter, be agreed.