Agenda item

Partial basement excavation and conversion of ancillary storage area at lower ground floor rear to provide a self-contained unit (Class C3) and associated external alterations.

The presenting officer tabled the following updated conditions and reasons for refusal and decision notice.

PLANNING APPLICATIONS SUB-COMMITTEE – 27.04.2021

Item 4 - 141-150 WYMERING MANSIONS, WYMERING ROAD LONDON W9 2NG

Since the Sub-Committee reports were published, the new City Plan 2019 - 2040 was adopted at Full Council on 21 April 2021. Therefore, in accordance with s.38 of the Planning and Compulsory Purchase Act 2004, it comprises the development plan for Westminster in combination with the London Plan adopted in March 2021 and, where relevant, neighbourhood plans covering specific parts of the city. As set out in s.38(6) of the Planning and Compulsory Purchase Act 2004 and paragraph 49 of the NPPF, the application must be determined in accordance with the development plan, unless material considerations indicate otherwise. The new City Plan 2019-2040 has replaced the Unitary Development Plan 2007 and 2016 City Plan, and as a result the reasons for conditions/reasons for refusal have been updated in the attached draft decision notice to reflect the adoption of the City Plan.

Recommended Condition(s) and Reason(s)

1.     Reason: The proposed flat has a low floor ceiling height and it lacks level access. The only access from the public highway to the proposed flat is through the communal rear garden either via a gate or a corridor. Both of these access points are a considerable distance away from the proposed flat, which would delay the attendance of the London Fire Brigade in the event of a fire at the premises. This would provide an unacceptably poor standard of accommodation and it would not ensure the safety, health and wellbeing of the future occupants of the proposed flat and the occupants of the existing flats within the building. Accordingly, the proposed development is contrary to policies D6 and D7 of the London Plan (2021) and policy 12 of Westminster's City Plan 2019-2040 (adopted April 2021).

2.     Reason: As the proposed plans are inconsistent, inadequate information has been submitted to demonstrate that the proposed development would not harm the character and appearance of this building and the Maida Vale Conservation Area. This would not meet policies 38, 39, 40 and 45 of Westminster's City Plan 2019-2040 (adopted April 2021).

Informative(s):

1 In dealing with this application the City Council has implemented the requirement in the National Planning Policy Framework to work with the applicant in a positive and proactive way so far as practicable. We have made available detailed advice in the form of our statutory policies in Westminster's City Plan 2019-2040 (adopted April 2021), supplementary planning documents, planning briefs and other informal written guidance, as well as offering a full pre application advice service, in order to ensure that the applicant has been given every opportunity to submit an application which is likely to be considered favourably. However, the necessary amendments to make the application acceptable are substantial and would materially change the development proposal. You are therefore encouraged to consider submission of a fresh application incorporating the material amendments set out below which are necessary to make the scheme acceptable.

Requirements amendments:

- The proposed flat should be accessed from the communal entrance at the front of the building. This would allow the London Fire Brigade to arrive within a suitable time frame in the event of a fire at the premises.

- The floor to ceiling height of the proposed dwelling should 2.5 metres or more. - - -­ -- The proposed dwelling should have level access.

- The proposed drawings should be consistent.

Joel Stern addressed the Sub-Committee in support of the application.

Councillor Geoff Barraclough in his capacity as Ward Councillor addressed the Sub-Committee in objection to the application.

RESOLVED UNANIMOUSLY:

Agreed to refuse permission on the amended reasons for refusal as set out above.

1.     Reason: The proposed flat has a low floor ceiling height and it lacks level access. The only access from the public highway to the proposed flat is through the communal rear garden either via a gate or a corridor. Both of these access points are a considerable distance away from the proposed flat, which would delay the attendance of the London Fire Brigade in the event of a fire at the premises. This would provide an unacceptably poor standard of accommodation and it would not ensure the safety, health and wellbeing of the future occupants of the proposed flat and the occupants of the existing flats within the building. Accordingly, the proposed development is contrary to policies D6 and D7 of the London Plan (2021) and policy 12 of Westminster's City Plan 2019-2040 (adopted April 2021). Item No. 4

2.     Reason: As the proposed plans are inconsistent, inadequate information has been submitted to demonstrate that the proposed development would not harm the character and appearance of this building and the Maida Vale Conservation Area. This would not meet policies 38, 39, 40 and 45 of Westminster's City Plan 2019-2040 (adopted April 2021).