Agenda item

Demolition of 114-150 Queensway and 97-113 Inverness Terrace, and redevelopment to provide two buildings comprising basement, ground and up to six upper floor levels, providing retail use (Class E) at ground floor, residential units (Class C3) and Office (Class E) floorspace at upper floors, with associated amenity space, basement level secure cycle parking, ancillary facilities, and plant, with servicing provision to Cervantes Court.

 

Additional representations were received from two local residents (undated).

 

The presenting officer had circulated prior to the meeting the following amendments to the recommendation and conditions highlighted in bold:

 

1)             Subject to the concurrence of the Mayor of London, grant conditional permission subject to a Section 106 agreement to secure the following:

 

a)              Provision of 11 intermediate units on site ( 5x London Living Rent) and 6xLower Quartile rents prior to the occupation of the market units .The affordable units to be provided at affordability levels to be agreed with the Head of Affordable Housing and Partnerships.

 

b)              Provision of an early stage and late stageviability review mechanism, in accordance with policy H5 of the London Plan and the Mayor's Affordable Housing and Viability SPG;

 

c)        A financial contribution of £5,546.00 (index linked) towards improvements to play space in the vicinity of the development, payable on the commencement of development.

 

d)        Payment of a carbon offset payment of £341,871 index linked) payable on the commencement of development;

 

e)        Been Seen energy monitoring;

 

f)        Submit an Employment and Skills Plan, and payment of a financial contribution of £293,977.00 (index linked) payable on the commencement of development towards the Westminster Employment Service prior to commencement of development;

 

g)        Provision of lifetime (25 year) car club membership for each residential flat;

h)       Costs of any highways works associated with the development (outside of the scope of the City Council's public realm and highways scheme for Queensway); and including Stopping Up;

 

i)         Improvements to the Lady Samuels Garden prior to occupation of the development, including the feasibility of the keeping the garden in some form during construction and if not feasible to ensure that safe removal of the existing statue and plaque, their reinstatement and improvements to the Garden and at the applicant's cost;

 

j)         Financial contribution of £20,000 for additional tree planting in the vicinity of the development ( index linked) and payable on commencement of development;

 

k)        Public art; and

 

l)         Provision of S106 agreement monitoring costs.

 

2)       If the Section 106 agreement has not been completed within three months of the Committee resolution, then:

 

a)       The Director of Town Planning and Building Control 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 Town Planning and Building Control is authorised to determine and issue such a decision under delegated powers ; however if not:

 

b)              The Director of Town Planning and Building Control shall consider whether permission should be refused on the grounds that it has not proven 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 Town Planning and Building Control is authorised to determine the application and agree appropriate reasons for refusal under Delegated Powers

 

3)      a)         That Committee authorises the making of a draft order pursuant to Section 247 of the Town and Country Planning Act 1990 for the stopping up of part of the public highway on the corner of Inverness Terrace and Queensway to enable this development to take place.

 

b)       That the Director of Town Planning and Building Control or other such proper officer responsible for the highways 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.

 

Changes to draft conditions

 

Condition 10 – detailed design conditions

 

You must apply to us for approval of detailed drawings of the following parts of the development –

 

a)        new shopfronts at a scale of 1.20 including cross sections , including details of fascia’s and canopies

b)        typical window details of the new office building scale 1:10

c)        typical window details of the new residential building scale 1:10

d)        new balconies for the residential flats scale 1:20

e)        new metal balustrades scale 1:20

f)         new gates to service yard

g)       ASHP on the roof, any associated plant and their means of enclosure

 

You must not start any work on these parts of the development until we have approved what you have sent us. You must then carry out the work according to these approved details (C26DB)

 

Condition 12 – Construction Logistics Plan

 

No demolition of the existing buildings shall take until a Construction Logistics Plan (CLP) to manage all the freight vehicle movements to and from the site has been submitted to and approved by the City Council in consultation with Transport for London in association with the demolition of the existing buildings. A further CLP shall be submitted to and approved by the City Council in consultation with Transport for London in association with the construction of the new development.

 

The development shall be carried out in accordance with this approved CLP at all times.

 

Condition 20 Servicing Delivery Plan

 

Three months prior to the occupation of the commercial units you shall be submit a Servicing and Delivery Management Plan which will be the subject of consultation with the local amenity societies. The hours of servicing shall be between 07.00 and 19.00 hours on Monday to Saturday and 10.00 - 17.00 on Sundays and Bank Holidays.

 

Condition 38 Kitchen Extract Ventilation

 

All kitchen exhaust discharges must be designed internally and discharge at roof level and all kitchen exhaust air will be treated with UV/HEPA /carbon activated filtration to mitigate cooking smells. The kitchen extract ducts shall be operational between the hours of 0700 to 23.30 hours.

 

A late representation was received from Turley (09.11.22).

 

The presenting officer tabled the following changes to the draft conditions, highlighted in bold:

 

Condition 10 – detailed design conditions

You must apply to us for approval of  detailed drawings  of the following parts of the development -

a) new shopfronts at a scale of 1.20 including cross sections , including details of fascia’s and canopies

b) typical window details of the new office building  scale 1:10

c) typical window details of the new residential building  scale 1:10

d) new balconies  for the residential flats  scale 1:20

e)  new metal balustrades   scale 1:20

f) new gates to service yard

g) ASHP on the roof, any associated plant and their means of enclosure

h) pv panels on the green/brown roofs and any associated man safe system

You must not start any work on these parts of the development until we have approved what you have sent us. You must then carry out the work according to these approved details   (C26DB)

 

Condition 12 – Construction Logistics Plan

No demolition of the existing buildings shall take until a Construction Logistics Plan (CLP) to manage all the freight vehicle movements to and from the site has been submitted to and approved by the City Council in consultation with Transport for London in association with the demolition of the existing buildings. A further CLP shall be submitted to and approved by the City Council in consultation with Transport for London in association with the construction of the new development.

The development shall be carried out in accordance with this approved CLP at all times.

Condition 20 Servicing Delivery Plan

Three months prior to the occupation of the commercial units you shall be submit a Servicing and Delivery Management Plan which will be the subject of consultation with the local amenity societies.The hours of servicing shall be between 07.00 and 19.00 hours on Monday to Saturday and 10.00 - 17.00 on Sundays and Bank Holidays.

Condition 38 Kitchen Extract Ventilation

All kitchen exhaust discharges must be designed internally and discharge at roof level and all kitchen exhaust air will be treated with UV/HEPA /carbon activated filtration to mitigate cooking smells. The kitchen extract ducts shall be operational between the hours of 0700 to 23.30 hours.

The following changes to existing conditions and additional conditions are suggested: 

Condition 13 Class E uses

You must use  ground and basement retail units  for the following uses within Class E

E(a) Display or retail sale of goods, other than hot food

E(b) Sale of food and drink for consumption (mostly) on the premises

E(c) Provision of: E(c)(i) Financial services,

E(c)(ii) Professional services (other than health or medical services), or

E(c)(iii) Other appropriate services in a commercial, business or service locality

No more than 30% of the units shall be used for uses falling within Class E(b), and no amalgamation of the units shall take place to create larger units without the written approval of the City Council as local planning authority.  

You must not use it for any other purpose, including any within Class E of the Town and Country Planning (Use Classes) Order 1987 as amended September 2020 (or any equivalent class in any order that may replace it).  (C05AC)

New conditions

52 No takeaway deliveries after 23.00

In respect of the ground floor Class E units , there shall be no ancillary takeaway delivery after 2300  hours.

Reason In order to safeguard the amenities of existing residents and future residents of the development from noise and disturbance and to ensure the use of sustainable modes of transport, in accordance with policies 7, 33 and 24 in the City Plan 2019-2040 ( April 2021 ) 

53 Operational Management Plan for Class E(b) uses

Prior to the commencement of any use falling under Class E(b)  a detailed operational management plan( OMP)  shall be submitted to and approved by the City Council as local planning authority in consultation with the recognised local amenity societies . The use shall be in accordance with the approved OMP at all times.

Reason

In order to safeguard the amenities of existing residents and future residents of the development from noise and disturbance associated with the Class E b) uses and in accordance with policies 7  and 33 in the City Plan 2019-2040 ( April 2021) 

Councillor Laila Cunningham addressed the Sub-Committee in her capacity as Ward Councillor in support of the application.

 

Laurence Brooker addressed the Sub-Committee in support of the application.

 

Patrick Campbell addressed the Sub-Committee in support of the application.

 

John Zamit, representing the South East Bayswater Residents’ Association, addressed the Sub-Committee in support of the application.

 

RESOLVED UNANIMOUSLY:

 

1)             That subject to the concurrence of the Mayor of London, conditional permission, as amended, be granted subject to:

 

i)                An additional informative requesting that the applicant finds alternative locations in respect of the existing Post Office and the ATM machines; and

 

ii)               a Section 106 agreement to secure the following:

 

a)             Provision of 11 intermediate units on site (5x London Living Rent) and 6xLower Quartile rents prior to the occupation of the market units. The affordable units to be provided at affordability levels to be agreed with the Head of Affordable Housing and Partnerships.

 

b)              Provision of an early stage and late stageviability review mechanism, in accordance with policy H5 of the London Plan and the Mayor's Affordable Housing and Viability SPG;

 

c)        A financial contribution of £5,546.00 (index linked) towards improvements to play space in the vicinity of the development, payable on the commencement of development.

 

d)        Payment of a carbon offset payment of £341,871 index linked) payable on the commencement of development;

 

e)        Been seen energy monitoring;

 

 f)        Submit an Employment and Skills Plan, and payment of a financial contribution of £293,977.00 (index linked) payable on the commencement of development towards the Westminster Employment Service prior to commencement of development;

 

g)        Provision of lifetime (25 year) car club membership for each residential flat;

 

h)       Costs of any highways works associated with the development (outside of the scope of the City Council's public realm and highways scheme for Queensway); and including Stopping Up;

 

i)        Improvements to the Lady Samuels Garden prior to occupation of the development, including the feasibility of the keeping the garden in some form during construction and if not feasible to ensure that safe removal of the existing statue and plaque, their reinstatement and improvements to the Garden and at the applicant's cost;

 

j)         Financial contribution of £20,000 for additional tree planting in the vicinity of the development ( index linked) and payable on commencement of development;

 

k)        Public art; and

 

l)         Provision of S106 agreement monitoring costs.

 

2)             That if the Section 106 agreement had not been completed within three months of the Committee resolution, then:

 

a)      The Director of Town Planning and Building Control should consider whether the permission can be issued with additional conditions attached to secure the benefits listed above .If this was possible and appropriate , the Director of Town Planning and Building Control was authorised to determine and issue such a decision under delegated powers ; however if not :

 

b)      The Director of Town Planning and Building Control should consider whether permission should be refused on the grounds that it had not proven possible to complete an undertaking within the appropriate timescale, and that the proposals were unacceptable in the absence of the benefits that would have been secured; if so, the Director of Town Planning and Building Control was authorised to determine the application and agree appropriate reasons for refusal under Delegated Powers.

 

3)       a)    That the making of a draft order pursuant to Section 247 of the Town and Country Planning Act 1990 for the stopping up of part of the public highway on the corner of Porchester Gardens and Queensway be authorised.

 

b)   That the Director of Town Planning and Building Control or other such proper officer responsible for the highways 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 were no unresolved objections to the draft order.