Agenda item

Replacement shopfront and architectural mouldings; replacement of all windows with double-glazed timber windows; replacement of rear conservatory and restaurant refurbishment; demolition of existing rear extensions at mezzanine and 1st floors and

replacement with two storey rear extension to form an additional residential unit (Class C3); provision of amenity space for flats; installation of two rear conservation rooflights; replacement of existing restaurant extraction duct to the rear with new duct; replacement of 2 x existing air-conditioning units with 2 x new air-conditioning units; and general internal refurbishment and upgrade [Addendum report]

 

Additional Representations were received from South East Bayswater Residents Association (11.08.21), local resident (29.07.21) and Newhamb Investments Ltd (11.08.21)

 

The Presenting Officer tabled the following amendments to the Draft Decision Letters, amendments to Conditions, additional Conditions and the responses to the South East Bayswater Resident Associations representations

 

PLANNING APPLICATIONS SUB-COMMITTEE – 17.08.2021

 

Item 2– 56 Westbourne Grove

 

1. Officers Comments on SEBRA’s additional representation/Requests in

Bold:

 

• Condition 3- Later opening of 08.00 Monday to Saturday and

09.00 on Sundays and Bank Holidays. Officers don’t agree,

suitable hours within shopping area.

 

• Condition 17- Windows to ground floor rear extension be fixed

shut/closed at all times, door to be self- closing & kept in closed

position at all times except for access and egress. Revised

wording of condition set out below.

 

• Condition 23- remove health club from allowed uses under Class

E. Revised wording of condition set out below relating to

extension only.

 

• Additional condition to restrict Plant & and flue operation to

07.00-23.00- Officers Agree

 

• Additional condition to require front façade improvements before

occupation. Officers don’t agree

 

• Reference to Restaurant and Restaurant staff in conditions

should refer to just premises/ staff. Officers Agree

 

2. Officers changes to Draft Decision Letter:-

 

• Condition 17

The ground floor rear extension shall only be used/operated in

accordance with the following requirements:-

 

1. The windows to the ground floor rear extension shall be fixed

shut.

 

2. The door to the ground floor rear extension shall be kept in

the closed position unless being used for access or egress by

staff accessing the bin store or in the case of an emergency.

 

3.The door to the ground floor rear extension leading to the

external garden shall not be used by customers unless in the

case of an emergency.

 

• Condition 23

You must use the commercial floorspace within ground floor

extension for restaurant, retail or office use only. You must not

use it for any other purpose, including any within Class E of the

Town and Country Planning (Use Classes) Order 2020 (or any

equivalent class in any order that may replace it).

 

• Additional condition

The plant/machinery hereby permitted shall not be operated

except between 07.00 hours and 23.00 hours daily.

 

• Tweaks to conditions 3,4,16,20 to refer to just commercial

premises/staff

 

Condition 3

Customers shall not be permitted within the ground floor and

basement premises before 07.00 or after 23.00 each day.

 

Condition 4

Prior to the operation of the commercial ground and basement

use hereby approved, a detailed Operational Management Plan

for the restaurant use shall be submitted to and approved by the

City Council as local planning authority

 

Details within the Operational Management Plan shall include

the following information (but not exclusively)

 

1. Customer opening hours

 

2. How outside areas to the rear will operate and be managed

 

3. General measures to mitigate noise disturbance to local residents by restaurant staff and customers

 

4. Mitigation measures ensuring that disposal of waste/recycling to the bin storage areas for the restaurant, as shown on drawing no. SW318/21 Revision G do not result in noise disturbance to local residents

 

You must not occupy the restaurant premises until we have approved what you have sent us. You must then operate the use in accordance with the details approved

at all times.

 

Condition 16

The rear garden area annotated as 'Communal Amenity' on drawing no. SW318/21 Rev G, may only be used by residents of the flats within 56 Westbourne Grove and must not be used by

any customers of the ground and basement commercial premises, except in the case of an emergency, or by staff if accessing the bin store or in the case of emergency.

 

Condition 20

The provision for the storage of waste and recyclable materials for the development, as shown on drawing no. SW318/21 Revision D for the ground and basement premises use and drawing no. SW318/22 Revision F for the new residential unit is

to be made permanently available and used for no other purpose.

 

• Deletion of duplicate condition 24

 

Stephen Wax addressed the Sub-Committee in support of the application.

 

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

 

UNAMOUSLY RESOLVED

 

1.     That conditional permission, as amended be granted, subject to Condition 3 being amended to requiring opening on Sunday to not be before 08:00 and an Additional Condition requiring front façade improvement works to be undertaken prior to the new restaurant extension being occupied.

 

2.     That two additional informative which the first urge the air conditioning units to be inverter type units and the second request that the door required to access the waste store includes a self-closing mechanism be included.