Agenda item

Change of use of rear part of Queensway Market to dual/ alternative A1/ A2/ B1/ D1/ D2 use and 5 residential units facing Princes Court, reconfiguration of retail units along Queensway including introduction of Class A1 uses at Nos.23 and 33 (current entrances to Queensway Market) and use of Nos.25 and 41-43 Queensway as Class A3 uses, installation of new shopfronts to Nos.23 to 43 Queensway Erection of infill extension to rear at ground floor level, erection of two new pavilion structures for Class A1 use and associated new hard and soft landscaping on land between Queens Court and Princes Court, installation of green roofs, rooflights and mechanical plant within enclosures to first floor level roofs between projecting rear wings of Queens Court installation of kitchen extract ducts to rear elevations,

and associated cycle parking, waste storage, plant and other ancillary

alterations ('Application 2').

Additional representations were received from Montagu Evans (18.06.2021), WWC City Highways (16.06.21), Local Resident (14.06.21), Local Resident (14.06.21) and Queensway Residents Association (14.06.21)

Late Representations were received from Queens Court North Residents Association (21.06.21)SEBRA 21.06.2021, Councillor Andrew Smith (21.06.21), Resident of Bark Place(18.06.21) and a Local Resident of Queens Court 22.06.2021(

The presenting officer tabled the following amendments to the Draft Decision Notice and Conditions and obligations.

PLANNING APPLICATIONS SUB-COMMITTEE – 22.06.2021

ITEMS 1,2,3,4

Amendment to ITEM 2 draft decision letter & reasons for conditions 2,3 & 4 to reflect new City Plan.

•Confirmation of Employment & Skills contribution of £25,775 (In total for all 4 applications).

•Response to Montagu Evans (blues) & SEBRA (reds) additional and late representations with respect to draft conditions in officer report as set out below.

 Planning Obligations

1. Request that provision of affordable housing on site is phased to require: • 3 Affordable Housing units on implementation of redevelopment of 28 - 34 Queensway Application 3 • 5 Affordable Housing units on implementation roof extension to Queens Court Application 4. Officers Agree- the scheme has been verified as not currently viable. Notwithstanding this, the applicant is offering on-site affordable housing and early and late stage reviews are also to be secured

ITEM 2 – Queens Court(1809765/FULL) Application 2

1.  Condition 3 – Request to delete restaurant use from the permitted flexible    uses. Officers agree. SEBRA – Request to delete retail, restaurant and financial and professional services.

2.  Condition 8b – Request to make it explicit that the condition (Operational Management Plan) only relates to the use of the units which are the subject of a new/use change. Officers agree.

3.  Condition 9b- Request to make it explicit that the condition (Servicing Management Plan) only relates to the requirement for use of the units which are the subject of a new/use change. Officers agree.

4. Condition 11 – Request to add additional text to condition (details of green roof & landscaping) to provide a requirement to install and maintain in accordance with the approved details. Officers agree

5.  Condition 17- Request to delete restriction on any deliveries and supermarket and replacement with one which allows ancillary deliveries along with additional condition (Applicant’s condition 22) to require a take-away delivery management plan (for operation to 11pm) before deliveries take place.  Additional conditions requested to allow supermarket use of up to 300m2 (Applicant condition 21), a Supermarket Delivery and Servicing Management Plan (Applicant’s condition 20), No vinyl   window display to supermarket (Applicant’s condition 23). In the absence of details as to how a supermarket could function without disturbance -officers consider condition 17 should remain as drafted.  This would not preclude an application for a supermarket being sought in the future.

6.  SEBRA request additional condition to require opaque glass to rear kiosk adjacent to Princess Court. Officers agree

Simon Chadowitz addressed the Sub-Committee in support of the application.

The Legal Officer read a representation which had been submitted by Asad Shaidy and was in objection to the application.

John Zamit in his capacity as Chair of the South East Bayswater Residents Association addressed the Sub-Committee in support of the application.

RESOLVED (FOR Councillors Robert Rigby, Mark Shearer and Susie Burbridge: AGAINST Councillor Guthrie McKie)

1.    That conditional permission, as amended, be granted subject to a S106 legal agreement to link Applications 1, 2,3 & 4 together and to secure the following obligations related to this application 2:

             a) Early and Late Stage Affordable Housing Reviews in order to secure     further affordable housing contributions, should the development become          viable in the future

            b) Lifetime (25 years) Car Club Membership for each of the five residential            units Page 67 Agenda Item 2Item No. 2

            c) Car and Cycle parking within Q Park Queensway Car Parking on an       unallocated basis.

            d) Highways works associated with and required to facilitate the development

            e) Employment and skills contribution of £25,775 (In total for all 4     applications index linked and payable on commencement of          development.

            f) Carbon Offset Payment of £126,207 index linked and payable on commencement of 1st of the four linked applications.

            g) Monitoring costs

2.    If the legal agreement has not been completed within 6 weeks from 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 authorise 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 is has not proved possible     to complete an agreement within an appropriate timescale, and that the     proposals are unacceptable in the absence of 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.