Agenda item

Demolition of three existing buildings on site for the construction of a ground plus 9 storey mixed use development (Use Class E) comprising of retail, cafe/restaurant, office, and gym as well as a new pedestrian arcade, public realm works and associated works.</AI6>

 

An additional representation was received from the Applicant (19/11/2021).

 

Late representations were received from a resident (21/11/2021), a ward Councillor (22/11/2021), Save Britain’s Heritage (22/11/2021), Montagu-Evans on behalf of REM Ltd (22/11/2021), Historic England (23/11/2021) and the Place Shaping and Town Planning team (23/11/2021).  

 

The Presenting Officer tabled the following changes to the recommendations and Conditions and the following additional Conditions.

 

Item No. 1 456 - 472 Oxford Street London W1C 1AP

 

Revised Recommendation

 

Subject to the views of the Mayor of London, grant conditional permission subject to the completion of a legal agreement to secure the following:

 

                                          i.     A carbon offset payment of £1,198,134 (index linked) payable on commencement of the development.

                                        ii.     Provision of and adherence with an Employment and Skills Plan for the construction and operational phases of the development.

                                       iii.     Provision of a financial contribution of £816,278 towards the Westminster Employment Service, payable prior to commencement of development

                                       iv.     Provision of highways works and works to the public realm necessary to facilitate the development in consultation with TfL with regards to the relocation of taxi and bus stands from Orchard Street to Oxford Street.

                                        v.     Provision of ‘Be Seen’ energy monitoring (details to be approved in consultation with the GLA).

            vi   The costs of monitoring the agreement

 

2. If the s106 agreement has not been completed within eight weeks of the committee 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 is authorised 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 it has not proved possible to complete an undertaking within the appropriate timescale, and that the proposals are unacceptable in the absence of the 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.

 

3. That the Sub-Committee authorises the making of a draft order pursuant to s247 of the Town and Country Planning Act 1990 for the stopping up of a part of the public highway on Orchard Street and Granville Place.  That the Director of Place Shaping and Planning, Executive Director of Environment and City Management, Director of City Highways or other such proper officer of the City Council responsible for highway functions, be authorised to take all necessary procedural steps in conjunction with the making of the order and to make the order as proposed if there are no unresolved objections to the draft order.

 

 

Additional conditions

 

Condition 26

The development shall be implemented in accordance with the approved fire statement and retained as such for the lifetime of the development.

 

Condition 27

You must apply to us for approval of a final travel plan. You must not occupy any part of the development until we have approved what you have sent us. You must carry out the development in accordance with the details approved.  At the end of the first and third years of the life of the Travel Plan, you must apply to us for our written approval of reports monitoring the effectiveness of the travel plan and setting out any changes you propose to make to the Plan to overcome any identified problems.

 

Condition 28

You must apply to the City Council (in consultation with Transport for London) for approval of a Construction Logistics Plan. You must not start any work until the plan has been approved. You must then carry out the development in accordance with the approved plan.

 

Condition 29

Prior to commencement of the development detailed plans shall be submitted to and approved in writing by the local planning authority demonstrating the provision of sufficient ducting space for full fibre connectivity infrastructure within the development. The development shall be carried out in accordance with these plans and maintained as such in perpetuity.

 

Condition 30

You must provide, maintain and retain the following sustainability measures before you start to use any part of the development, as set out in your application.

 

·       Sustainable drainage measures including green/blue roofs, surface water attenuation and rainwater harvesting.

·       Provision of water use components in line with BREEAM Wat 1 requirements.

 

You must not remove any of these features.  (C44AA)

 

Condition 31

You may only use the terraces at 6th floor, 7th floor, 8th floor and 9th floor levels between the following times: 09:30 – 21:30 on any day. You must not play any amplified music on the terraces which is audible from the boundary of the site.

 

Condition 32

You must apply to us for approval of details of the following parts of the development:

The reinstatement of the existing clock at the corner of Oxford Street and Orchard Street on the new building. You must not start any work on these parts of the development until we have approved what you have sent us. The development shall be implemented in accordance with the approved details and retained as such for the lifetime of the development.

 

Condition 33

You must apply to us for approval of detailed drawings of a hard and soft landscaping scheme which includes the number, size, species and position of trees and shrubs. You must not start work on the relevant part of the development until we have approved in writing what you have sent us. You must then carry out the landscaping and planting within one planting season of completing the development (or within any other time limit we agree to in writing).

 

If you remove any trees that are part of the planting scheme that we approve, or find that they are dying, severely damaged or diseased within five years of planting them, you must replace them with trees of a similar size and species.  (C30CC)

 

Condition 34

Notwithstanding the submitted drawings, the retractable shopfront awnings shall only be installed at ground floor level

 

 

Remove Condition 13

(a) You must apply to us for approval of a written scheme of investigation for a programme of archaeological work. This must include details of the suitably qualified person or organisation that will carry out the archaeological work. You must not start work until we have approved in writing what you have sent us., , (b) You must then carry out the archaeological work and development

according to this approved scheme. You must produce a written report of the

investigation and findings, showing that you have carried out the archaeological work and development according to the approved scheme. You must send copies of the written report of the investigation and findings to us, and to the Greater London Sites and Monuments Record, Greater London Archaeological Advisory Service, Historic England, 4th floor, Cannon Bridge House, 25 Dowgate Hill, London EC4R 2YA. , , (c) You must not use any part of the new building until we have confirmed in writing that you have carried out the archaeological fieldwork and development according to this approved scheme. (C32BC)

 

Jace Tyrrell addressed the Sub-Committee in support of the application.

 

Andrew Turton addressed the Sub-Committee in support of the application.

 

RESOLVED (For: Councillors Rigby, Boothroyd, Glen, Hyams and Shearer, and Against: Councillor Barraclough)

 

1.         That subject to the views of the Mayor of London, to grant conditional        permission, as amended, subject to the completion of a legal          agreement to secure the following:

 

i. A carbon offset payment of £1,198,134 (index linked) and payable prior to the commencement of development).

ii. Provision of and adherence with an Employment and Skills Plan for the construction and operational phases of the development. 

iii. Provision of a financial contribution of £816,278 (index linked) towards Westminster’s Employment Service, payable prior to commencement of development. 

iv. Provision of highway works and works to the public realm necessary to facilitate the development in consultation with TfL with regards to the re-location of taxi and bus stands from Orchard Street to Oxford Street.

v. Provision of ‘Be Seen’ energy monitoring (details to be approved in consultation with the GLA). 

vi. A financial contribution of £35,000 (index linked and payable of commencement of development) towards cycle parking improvements. 

vii. The cost of monitoring the agreement. 

 

2.         If the legal agreement has not been completed within eight weeks of          the date of the Committee 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 is authorised 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 it has not proved possible to complete an agreement within the appropriate timescale, and that the proposals are unacceptable in the absence of the 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.

 

3          That the Committee authorises the making of a draft order pursuant to       s247 of the Town and Country Planning Act 1990 for the stopping up of          part of the public highway on Orchard Street and Granville Place. That        the Director of Place Shaping and Planning, Executive Director of             Environment and City Management, Director of City Highways or other      such proper officer of the City Council responsible for highways             functions, be authorised to take all necessary procedural steps in     conjunction with making of the order and to make the order as        proposed if there are no unresolved objections to that order.

 

4.         That Condition 21 be amended to include restriction on the lower ground floor for Class E1 (a)

 

5.         That Condition 31 be amended to include removal storage and       reinstatement of the clock, white knight and M&S Insignia

 

6.         That Condition 32 be amended to include landscaping to terraces

 

7.         That additional Conditions be included which requires the designing out    crime security measures and to ensure Urban Greening Factor 0.41 are    met.

 

            8.         An additional Informative which encourages the applicant to consider                     decorative construction hoardings during construction.