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Agenda item

Land At 36 St John's Wood Road And 38-44, Lodge Road, London

Minutes:

Councillor Peter Freeman declared that he was involved with a Company that was developing an Item on the site of the Application. Councillor Freeman withdrew from the Sub-Committee whilst the Item was being considered. 

 

Redevelopment of land at 36 St John's Wood Road to provide 89 residential units with extra care services and facilities, ancillary medical and rehabilitation facilities, landscaping, car and cycle parking, and the redevelopment of 38-44 Lodge Road for a 121 bed Care home and 12 affordable housing residential units along with landscaping, car and cycle parking. (Application 1)

 

Additional representation was received from Dentons UK and Middle East LLP (15.10.19).

 

Late representations were received from Chairman of Pavilions Residents Committee (17.10.19), Lords Views (17.10.19), Concilio (18.10.19) Dentons (Applicant’s Legal Representative) (21.10.19) and Savills (Applicant’s Agent) (18.10.19).

 

Nick de Lotbiniere spoke in support of the Application.

 

Margaret Timmers spoke in objection to the Application.

 

Councillor Robert Rigby spoke in objection to the Application.

 

The presenting officer tabled the following revised changes to the Conditions and draft decision letter.

 

Revised Draft decision

 

1.     Remove Conditions 5 and 6.

 

2.     Revised Condition 17 - You must apply to us for approval of details of a supplementary acoustic report demonstrating that vibration attenuation measures will comply with the Council's noise criteria as set out in Condition 7 of this permission. You must not start work on this part of the development until we have approved what you have sent us.

 

3.     Revised Condition 20- You must apply to us for approval of sound insulation measures and a Noise Assessment Report to demonstrate that the residential units will comply with the Council's noise criteria set out in Conditions 8,9,19 and 42 of this permission. You must not start work on this part of the development until we have approved what you have sent us. You must then carry out the work according to the details approved before the residential units are occupied and thereafter retain and maintain.

 

4.     Revised Reason for Condition 22- To ensure features are provided to minimise air pollution as required by policy S31 of Westminster's City Plan (November 2016)

 

5.     Revised Condition 26- Prior to occupation, details of cycle parking consistent with the draft London Plan standards (minimum of 168 for the western site, 10 for the eastern site care units and 22 for the eastern site residential units) are required to be submitted and approved by the Local Planning Authority for all uses and thereafter maintained for the life of the development

 

6.     Revised Condition 27- Prior to occupation of the development the following shall be submitted:

 

Servicing Management Plan is required to be approved followed/maintained for life of development, unless revised strategy is approved (in writing) by the Local Planning Authority.  The plan must identify process, internal storage locations, scheduling of deliveries and staffing.  The SMP must thereafter be maintained and followed by the occupants for the life of the development

 

A car lift management and maintenance plan to be submitted and approved in writing prior to first occupation of the development and thereafter followed for the life of the development.

 

7.     Additional condition (No.42) -The design and structure of the development 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.

 

RESOLVED UNANIMOUSLY:

 

1.         That conditional permission be granted as amended by the officers revised           draft decision relating to conditions 5,6,17,20, 22,26,27 and additional           condition 42 and also further condition requested by committee to require   details of a Community Management Plan during construction and details of         shutters or other privacy measures for the flank windows of the tower           facing Lord’s View Two,  and subject to a S106 legal agreement to secure the            following:

 

            a)         Provision of 12 on-site intermediate affordable housing units, subject                     to the following eligibility and affordability criteria and review                                                 mechanisms:

 

                         i.         Units to be provided as intermediate rent with 50% homes                                      made affordable to Westminster intermediate households on                                lower quartile incomes and 50% in line with the Mayors                                              London Living Rents (LLR) scheme and thereafter restricted to                               annual increase of Consumer Price Index (CPI) +1%.

 

                        ii.         City Council to be provided with 100% nominations to the units                               at initial letting and upon any subsequent re-lettings.                        

 

                        iii.         Early and Late Stage viability reviews.

 

             b)        Provision and permanent retention of “the Boundary” building on the                      larger west site as 89 residential units with extra care services and              facilities and provision of management plan setting out the extra care              services and facilities to be provided.

 

            c)         Provision of all highway works immediately surrounding the site                             required for the development to occur prior to occupation of the                                development, including vehicular crossovers and alterations to                                footway paving.

 

            d)         Provision of car club membership for each residential unit with extra                      care services and facilities and affordable housing unit for a minimum                   of 25 years from first occupation of each phase of the development.                Car club operator must be a CarPlus member.

 

            e)         Provision of an employment and skills plan and a financial contribution                  of £92,189 towards the Westminster Employment Service (index                                  linked and payable on commencement).

 

            f)          Provision of a financial contribution of £171,455 to the Carbon Off-                         Setting Fund (index linked and payable on commencement).

 

            g)         Provision of the costs of monitoring the S106 agreement.

 

2.         If the S106 legal agreement has not been completed within six weeks from of       the date of the Committee's 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 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 Town Planning is authorised to determine the application                     and agree appropriate reasons for refusal under Delegated Powers.      

3.                     That the making of a draft order be authorised pursuant to s247 of the                   Town and Country Planning Act 1990 for the stopping up of parts of                the public highway. That Director of City Highways be authorised to                 take all necessary procedural steps in conjunction with the making of                     the order. The applicant will be required to cover all costs of the                             Council in progressing the stopping up order.

Supporting documents: