Agenda item

Part demolition and reconfiguration of lower ground floor, demolition of ground and upper floors, for redevelopment comprising lower ground, ground plus 6 storeys plus rooftop room, rooftop plant and equipment and single storey triangle building, for retail, food and beverage, indoor recreation and community use (Sui Generis) at ground floor level, Office (Class E) use at ground and upper floors, community (Class F2) /Office (Class E) use at lower ground floor and associated ancillary space. [Linked to development at 57-59 Gloucester Place RN 22/05362/FULL and 22/05363/LBC]

 

The presenting officer had circulated prior to the meeting amendments to the report regarding the daylight and sunlight assessment.

 

The following amendments to the Sub-Committee report and draft decision notice, highlighted in bold, had also been circulated:

 

1.                  Committee Report clarifications:

 

•        Page 179, in the land use table existing medical use should be 122m2.

•        Page 202, paragraph 9.6- clarifications in bold below:-

 

Construction

•        390 job yearsover 2.7 year construction period

•        £687,000 constructor worker spending over the 2.7 construction period (local retail, food and refreshments and work/leisure activities)

 

Operational

•        655-730 jobs (uplift of 365-435)

•        £82-86m in Economic activity (GVA) per year (uplift of £53-57m)

•        £25-35min Tax revenues (Business rates, VAT, corporate and

income tax) (uplift of £16-23m)

•        Section 9.5 – Residential Amenity & Appendix 1 on daylight and sunlight– Amendments- see attached.

 

2.        Proposed tweaks to conditions on the draft decision notice.

 

• Condition 19B

 

B. You must only use the ground floor and part of the basement

annotated as "Hub" for uses including retail, restaurant, community and indoor recreation in accordance with the Operational Management Planto be approved under condition 31 .You must not use them for anyother purpose, including for any other use within Class E, Part A,Schedule 2 of the Town and Country Planning (Use Classes) Order1987 (as amended) (or any equivalent class in any order that mayreplace it).

 

• Condition 20C

C. The useable areas under A above shall only be used between i) upto level 4 -09.00-19.00 Monday to Friday; and ii) at levels 5,6 and the roof, between 09.00-22.00 Monday to Friday and no terraces shall be used onSaturdays and Sundays (including cleaning, tidying andmaintenance) unless used for emergency/escape access purposes.

 

• Condition 30

Prior to the installation of the lighting,you must apply to us with details of your proposed external lighting scheme, including hours of operation, showing how light spill is avoided and visual amenity is protected.

 

• Condition 31, part 1

1. Prior to the use of any of the Hub (including the triangle), you must apply to us for approval of an operational management plan for the Hub to show the following:-

 

The operational management plan shall include, but not be limited to, the following details/measures:-

A. Proposed floor plan annotated for specific quantum of each    use

B Hours of use

C. Details of shopfront display, to show no painting, obscuring or

blocking of shopfront

D. Ground floor Hub only for use for retail, restaurant, fitness uses and no other uses within Class E or F2

E. No delivery use service

F. Details of any required kitchen extract/ ventilation/sound insulation including drawings, acoustic/odour report.

 

You must not use the external terraces until we have approved in writing what you have sent us. You must then carry out the measures included in the approved management plan at all times that the terrace is in use is in operation.

 

Additional representations were received from the Marylebone Association (07.11.22), the Metropolitan Police (10.11.22), The Portman Estate (09.11.22).

 

Kay Buxton addressed the Sub-Committee in support of the application.

 

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

 

 

 

RESOLVED UNANIMOUSLY:

 

1)              That conditional permission, as amended, be granted, subject to:

 

a)              An additional informative requesting that deliveries to the site be undertaken by electric vehicles only; and

 

b)              a S106 legal agreement to secure the following planning obligations:-

 

i)         The residential use to have been relocated as part of a land use swap to 59 Gloucester Place (entirety) and 57 (first to fourth floors) Gloucester Place (As granted under application reference:- 22/05362/FULL) and not to occupy the development until the land use swap has been physically completed in all material respects to a standard ready for residential occupation and evidence has been submitted to the City Council to confirm completion of such works.

 

ii)               Provision of Community Room for 25 years at Nil cost to the local community.

 

iii)             All highway works immediately surrounding the site required for the development to occur prior to occupation of the development, including creation of footway in Forset Street, provision of additional short stay cycle parking in the vicinity of the site (minimum of 22 spaces), changes or improvements to the footway and associated work (legal, administrative and physical). Changes to on-street restrictions (to be agreed as part of detailed design) including the relocation of any on-street parking bays, with no loss in number. All of the aforementioned to the Council’s specification, at full cost (administrative, legal and physical) to the developer.(subject to detail design and the approval of the Highway Authority).

 

iv)            Cycle parking survey assessing potential on-street locations for the provision of 69 short stay cycle parking spaces in the vicinity of the site including on Edgware Road and their subsequent provision where agreed by Westminster in liaison with TfL. All of the aforementioned to the Council’s specification, at full cost (administrative, legal and physical) of the developer.(subject to detail design and the approval of the Highway Authority). Where the full provision cannot be achieved the shortfall to be mitigated by a financial contribution towards TfL cycle hire scheme (index linked and payable on commencement of development).

 

v)              The area indicatively shown on Drawing number (4571-004-C) must be stopped up prior to commencement of development, at no cost to the Council, subject to minor alterations agreed by the Director of City Highways.

 

vi)             The area on drawing number (4571-004-C), where the building line has been set back from the existing line, must be dedicated prior to occupation of development, at no cost to the Council, subject to minor alterations agreed by the Council

 

vii)           A Financial contribution of £194,066.00 towards the Council's Carbon offset fund (Index linked and payable on commencement of development)

 

viii)          A Financial contribution of £230,295.10 [or such figure as is confirmed by the Council's Economy Team] to support the Westminster Employment Service, (Index linked and payable on commencement of development).

 

ix)              Provision of Public Art

 

x)               Be Seen energy monitoring

 

xi)              Monitoring costs

 

2)        That if the S106 legal agreement had not been completed within six weeks of the Committee resolution then:-

 

a)        The Director of Town Planning & Building Control should consider whether the permission can be issued with additional condition to secure the benefits listed above. If this was possible and appropriate, the Executive Director for Growth, Planning and Housing was authorised to determine and issue such a decision under Delegated Powers, however, if not

 

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

 

2)                                a)        That the making of a draft order pursuant to s247 of the Town and Country Planning Act 1990 for the stopping up of parts of the public highway to enable this development to take place be authorised.

 

b)       That the making of a draft order pursuant to s247 of the Town and Country Planning Act 1990 for the dedication of parts of the land to enable this development to take place be authorised.

 

3)             That the City Commissioner of Transportation be authorised to take all necessary procedural steps in conjunction with the making of the order/s and to make the order/s as proposed if there were no unresolved objections to the draft order/dedication. The applicant would be required to cover all costs of the Council in progressing the stopping up order/dedication.