Agenda item

Variation of condition 1 of planning permission dated 10 July 2019 (RN: 18/09733/FULL) which itself varied condition 1 of planning permission dated 15 November 2016 (RN: 16/07359/FULL) for demolition of existing buildings and redevelopment of the site to provide a 6 storey (plus existing lower ground floor) 'L' shaped building, including terraces, a plant room, a green roof and solar panels at roof level to comprise 2 x A1 (retail shops) units and 1 x flexible A1 (retail shop)/ A2 (financial and professional services) / A3 (cafe and restaurant) unit at ground floor level and B1 (office) floorspace at part ground and all upper stories, Erection of 7 residential townhouses, incorporating concealed roof terraces and landscaped areas to the front on Chilworth Mews. NAMELY, to allow the relocation of cycle and refuse storages into defensible zone landscaping along Chilworth Mews; party wall adjustments to incorporate services; amendment to unit mix increasing the provision of family sized dwellings; amendments to facade and roof; and changes to the ground floor office reception layout and the introduction of a retail café unit.

Additional representations were received from the South East Bayswater Residents Association (SEBRA) (12.01.2020) and from Yard Nine (15.01.2020).

Late representations were received from Councillor Antonia Cox in her capacity as Ward Councillor (16.01.2020), 5 Chilworth Mews (17.01.2020) and Gerald Eve (12.11.2019 and 20.01.2020). The Presenting Officer provided the Sub-Committee with an officer memorandum (21.01.2020), which set out the following revisions to the report and draft decision notice:

1. Clarifications on land use mix floorspace and ancillary café.

·       For the avoidance of doubt the proposed café to ground floor of Eastbourne Terrace is to remain ancillary to the office accommodation as per condition 34.  Therefore, whilst for all intents and purposes will appear as a café, it will remain ancillary to the office use.  As such the floorspace figures in the table on page 52 of the Officer’s report has been revised as below: 

The description of development on the first page of the report and on the draft decision letter is also tweaked to reflect the following.

Variation of condition 1 of planning permission dated 10 July 2019 (RN: 18/09733/FULL) which itself varied condition 1 of planning permission dated 15 November 2016 (RN: 16/07359/FULL) for demolition of existing buildings and redevelopment of the site to provide a 6 storey (plus existing lower ground floor) 'L' shaped building, including terraces, a plant room, a green roof and solar panels at roof level to comprise 2 x A1 (retail shops) units and 1 x flexible A1 (retail shop)/ A2 (financial and professional services) / A3 (cafe and restaurant) unit at ground floor level and B1 (office) floorspace at part ground and all upper stories,  Erection of 7 residential townhouses, incorporating concealed roof terraces and landscaped areas to the front on Chilworth Mews. NAMELY, to allow the relocation of cycle and refuse storages into defensible zone landscaping along Chilworth Mews; party wall adjustments to incorporate services; amendment to unit mix increasing the provision of family sized dwellings; amendments to facade and roof; to the mews buildings and changes to the ground floor office reception layout and the introduction of an ancillary retail cafe unit

2. Amendment to condition 3 to reflect that granted under a Non -Material Amendment on 26.07.2019 (19/05689/FULL) and following the approval of condition 3B(i)  on 28.11.2019 (19/09181/ADFULL)

A. All demolition and earthwork and piling phases shall be carried out in accordance with the documents and details approved as part of the completed Appendix A of the Code of Construction Practice signed by relevant parties on 05.06.2019, which constitutes an agreement to comply with the code and requirements contained therein.

B (Part i). Construction of the

a. Office substructure;

b. Office Concrete Cores to roof level;

c. Residential foundations and superstructure comprising piled foundations, blockwork and pre-cast concrete plants (up to level 2);

(excluding demolition and earthwork and piling phases), shall be carried out in accordance with the documents and details approved as part of the completed Appendix A of the Code of Construction Practice signed by relevant parties on 25.11.2019, which constitutes an agreement to comply with the code and requirements contained therein.

B (Part ii). Prior to any construction works on site (excluding demolition and earthwork and piling phases and the works approved under part (i) of this condition), the applicant shall provide 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 for construction, signed by the applicant and approved by the Council's Environmental Inspectorate, which constitutes an agreement to comply with the code and requirements contained therein.

3. Amendment to Condition 21 to reflect that granted under a Non-Material Amendment on 14.01.2020 reference 19/09883/NMA.

Any structure including canopies and awnings over the footway shall maintain 2.6m vertical clearance from the footway surface at all time and not extend any closer than 1m to the kerb edge, with the exception of the scheme of public art approved on 31.12.2019 under reference: 19/09886/ADFULL.

4. Amendment to Condition 31 (as already set out in blue bundle) to reflect agreed servicing hours at 40 Eastbourne Terrace.

All servicing must take place from the loading bay shown on the drawings (whether enclosed in a structure or not) and this area shall only be used for this purpose and servicing must only take place between 07.00-20.00 on Monday to Saturday and 10.00-16.00 on Sunday and Bank Holidays. Servicing includes loading and unloading goods from vehicles and putting rubbish outside the building.

5. Amendment to Condition 34

The ancillary cafe to ground floor level accessed from Eastbourne Terrace, shall only be operated in accordance with the following requirements:

a) The cafe shall remain ancillary to the office use and shall not be used as a separate planning unit.

b) The cafe shall not undertake primary cooking.

c) The cafe shall not operate a delivery service.

d) The cafe shall not accept deliveries from Eastbourne Terrace, all deliveries shall be made using the loading bay to the rear of the site.

e) The cafe shall operate between the hours of 07.00-22.00 hours daily.

6. Additional condition 35 - Tree protection recommended- due to activity in proximity of trees on site during current site works.  Wording of condition to reflect Condition 3 and outstanding Cocp requirements.

Prior to any construction works on site (excluding demolition and earthwork and piling phases and the works already approved as set out under condition 3 (Construction of the

a. Office substructure;

b. Office Concrete Cores to roof level;

c. Residential foundations and superstructure comprising piled foundations, blockwork and pre-cast concrete plants (up to level 2). 

You must apply to us for approval of detailed drawings of how you will protect any trees within the site. This includes the design of permanent tree guards.   You must not carry out the outstanding construction work until we have approved in writing what you have sent us. You must then carry out the work according to the approved drawings and details.

Mr Mark Younger of Yard Nine (Invesco) addressed the Sub-Committee in support of the application.

Ms Amy Rogers addressed the Sub-Committee in objection to the application.

Mr John Zamit addressed the Sub-Committee in his capacity as Chairman of SEBRA in objection to the application.

The Design Officer addressed the Sub-Committee on the contemporary scheme and the suite of details to accompany that scheme.

RESOLVED UNANIMOUSLY:

1.         That conditional permission be granted, subject to a Deed of Variation of the earlier Deed of Variation dated 10 July 2019, which itself varied the original S106 agreement dated 15 November 2016, to secure all the previously secured obligations in connection with this permission.

2.         That if the Deed of Variation had not been completed within three (3) months from the date of the Committee’s resolution, then:

a) the Director of Place Shaping and Town Planning should consider whether the permission can be issued with additional conditions attached to secure the benefits listed above. If this were possible and appropriate, the Director of Place Shaping and Town Planning be authorised to determine and issue such a decision under Delegated Powers; however, if not

b) the Director of Place Shaping and Town Planning should consider whether permission should be refused on the grounds that it had not proved possible to complete an agreement within an appropriate timescale, and that the proposals were unacceptable in the absence of benefits that would have been secured; if so, the Director of Place Shaping and Town Planning be authorised to determine the application and agree appropriate reasons for refusal under Delegated Powers.