Agenda item

Use of the rear terrace areas at first and second floor level in association with the existing restaurant/bar use at 18 Greek Street and installation of new balustrades, artificial green wall areas, extended second floor terrace balcony and staircase and between the terraces.

A late representation was received from a local resident (26.04.21).

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

PLANNING APPLICATIONS SUBCOMMITTEE 27 April 2021

Item 5: 18 Greek Street, W1

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 have been updated in the attached draft decision notice to reflect the adoption of the City Plan for Director of Place Shaping and Town Planning

Recommended Condition(s) and Reason(s)

1.        The use of the terraces at first and second floor levels can continue for        one year from the date of this planning permission. After this time you      must not use any part of the roof for sitting out or for any other purpose   unless permission has been granted. You can however use the roof to        escape in an emergency.

           Reason: We need to monitor and assess the effect of the use of these            areas as terraces to make sure it meets Policies 7, 16 and 33 of the          City Plan 2019 -2040 (April 2021) and the draft Noise Technical       Guidance Note (November 2019),we can therefore only grant a         temporary permission.

2.        The development hereby permitted shall be carried out in accordance           with the drawings and other documents listed on this decision letter, and any drawings approved subsequently by the City Council as local         planning authority pursuant to any conditions on this decision letter.

           Reason: For the avoidance of doubt and in the interests of proper        planning.

3.        You must not install any speakers or play any music externally on the   rear terraces hereby approved.

           Reason: To protect neighbouring residents from noise nuisance, as set     out in        Policies 7, 16 and 33 of the City Plan 2019 -2040 (April 2021)     and the draft            Noise Technical Guidance Note (November 2019).  (R13FC)

4.        The terrace areas hereby approved at rear first and second floor levels   can only be used between the hours of 10:00 and 22:00 daily and       when the terraces are not in use the doors to the terraces must be            closed. You cannot use the terrace area outside of these hours other            than in the case of an emergency.

           Reason: To protect neighbouring residents from noise nuisance, as set     out in        Policies 7,16 and 33 of the City Plan 2019 -2040 (April 2021)     and the draft Noise Technical Guidance Note (November 2019).           (R13FC)

5.        The self-closing doors which allow access onto the terrace shall remain       in situ     at all times the 20/06174/FULL flat roof areas are used as       terraces. You must   not leave these doors open except in an       emergency or to carry out            maintenance.

           Reason: To protect neighbouring residents from noise nuisance, as set     out in        Policies 7, 16 and 33 of the City Plan 2019 -2040 (April 2021)     and the draft Noise Technical Guidance Note (November 2019).           (R13FC)

6.        You must not allow more than 50 customers onto the rear terraces hereby approved at any one time

           Reason: To protect neighbouring residents from noise nuisance, as set     out in Policies 7, 16 and 33 of the City Plan 2019 -2040 (April 2021)   and the draft Noise Technical Guidance Note (November 2019).             (R13FC)

7.        The operation of the terraces hereby approved must at all times be in   accordance with the stipulations of the Terrace Management Plan   (March 2021).

           Reason: To protect neighbouring residents from noise nuisance, as set     out in        Policies 7, 16 and 33 of the City Plan 2019 -2040 (April 2021).    (R13ED)

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. We have made available detailed advice in the form of our statutory policies in the City Plan 2019 -2040(April 2021 ), neighbourhood plan (where relevant), 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 applicant has been given every opportunity to submit an application which is likely to be considered favourably. In addition, where appropriate, further guidance was offered to the applicant at the validation stage.

2.        You are advised that if consent is sought in future for the terraces to be      in place longer the artificial green walls must be replaced with natural          and 'living' green walls. This wall must be of living plants of a size and        type suitable to the location, and you must also provide a management            and maintenance plan for the wall. In addition a new external lighting    system that is less conspicuous than the current installation would be           required.

Danielle Zaire addressed the Sub-Committee in support of the application.

Sylvia Barthes addressed the Sub-Committee in objection to the application. 

RESOLVED UNANIMOUSLY:

1.        That conditional permission, as amended, be granted for a temporary 6 month-period and that an additional condition which will condition that the upper second floor terrace for seating only be included.

2.        That an informative which informs that the use of terraces must cease     at 22.00hrs and that the area be cleared and that the Applicant       considers a WhatsApp Group with residents to report any issues.