Agenda item

Use of a building as restaurant and private members club (Sui generis), and internal and external alterations including erection of new lift at rear from basement to second floor level, replacement windows, new shopfronts, erection of high level extract duct at the rear and air conditioning units at basement and roof levels.

 

An additional representation was received from Environmental Health (09.05.2018).

 

The presenting officer tabled the following amendments to conditions:

 

Application 1 (Ref: 18/00806/FULL).

 

Amended Condition 5

 

You must apply to us for approval of detailed drawings showing the following alteration(s) to the scheme - All roof level plant / condenser units to be housed within visual screen (with roof). You must not start on these parts of the work until we have approved what you have sent us. You must then carry out the work according to the approved drawings prior to the approved plant being operated and the approved screen shall be retained for as long as the plant is in situ.    

 

No change to reason.

The original 169 customers was a typographic error and should have been 196 customers. The applicant has requested that additional capacity be permitted to accommodated diners (196 covers) and customers not dining but using the lounge and bar areas (79 customers).

 

Amended Condition 7

You must not allow more than 169 275 customers into the property at any one time. The courtyard must accommodate no more than 65 covers. Any bar and bar seating within the ground floor restaurant hereby approved shall be limited to that area annotated as a ‘café / bar’ on approved drawing 2001 P. You must use the bar to serve restaurant customers only, before, during or after their meals.

 

No change to reason.

Amended Condition 8

You must apply to us for approval of details of how waste is going to be stored on the site and how materials for recycling will be stored separately. You must not occupy the restaurant / private members club hereby approved start work on the relevant part of the development until we have approved what you have sent us. You must then provide the stores for waste and materials for recycling according to these details, clearly mark the stores and make them available at all times to everyone using the restaurant / private members club. 

 

No change to reason.

Deleted Condition 12 (duplicate of Condition 7)

You must not allow more than 169 customers into the premises at any one time.

 

Amended Condition 13

You must not sell any take-away food or drink on the premises. You must not sell any hot-food take-away nor operate a delivery service from the approved restaurant, even as an ancillary part of the primary restaurant/ members club use (Sui Generis).

 

No change to reason.

Additional Condition 15

Customers and staff shall not be permitted within the courtyard before 08.00 or after 22.00 each day. 

 

Reason

To protect the environment of people in neighbouring properties as set out in S24, S29 and S32 of Westminster's City Plan (November 2016) and ENV 6, ENV 7 and TACE 10 of our Unitary Development Plan that we adopted in January 2007. 

 

Additional Condition 16

No music shall be played within the rear courtyard at any time. 

Reason

To protect the environment of people in neighbouring properties as set out in S24, S29 and S32 of Westminster's City Plan (November 2016) and ENV 6, ENV 7 and TACE 10 of our Unitary Development Plan that we adopted in January 2007. 

 

Addition Condition 17

Notwithstanding what is shown on the approved drawings, the new pavement hatch on Brook Street shall be omitted. 

 

Reason

In the interests of public safety as set out in S41 of Westminster's City Plan (November 2016) and TRANS 2 and TRANS 3 of our Unitary Development Plan that we adopted in January 2007.  (R24BC)

 

Additional Condition 18

Customers (including club members) shall not be permitted within the ground floor restaurant before 08.00 or after 00.00 on Monday to Saturday (not including bank holidays and public holidays) and before 08.00 or after 23.00 on Sundays, bank holidays and public holidays. 

 

Club members shall not be permitted within the first to third floors before 07.30 or after 01.00 (the following morning) on Monday to Saturday (not including bank holidays and public holidays) and before 07.30 or after 23.00 on Sundays, bank holidays and public holidays. 

 

Reason

To protect the environment of people in neighbouring properties as set out in S24, S29 and S32 of Westminster's City Plan (November 2016) and ENV 6, ENV 7 and TACE 10 of our Unitary Development Plan that we adopted in January 2007. 

 

Additional Condition 19

The first to third floors of the building shall be used only by club members.

Reason

To protect the environment of people in neighbouring properties as set out in S24, S29 and S32 of Westminster's City Plan (November 2016) and ENV 6, ENV 7 and TACE 10 of our Unitary Development Plan that we adopted in January 2007. 

 

Additional Condition 20

You must install the high level as shown on the approved drawings before the restaurant / private members club hereby approved commences. The duct must thereafter be maintained in situ for as long as the restaurant / private members club remains in place.

 

Reason

To protect the environment of people in neighbouring properties as set out in S24, S29 and S32 of Westminster's City Plan (November 2016) and ENV 6, ENV 7 and TACE 10 of our Unitary Development Plan that we adopted in January 2007. 

 

Application 2 (Ref: 18/00807/LBC).

 

Amended Condition 7

 

You must apply to us for approval of detailed drawings showing the following alteration(s) to the scheme All roof level plant / condenser units to be screened. You must not start on these parts of the work until we have approved what you have sent us. You must then carry out the work according to the approved drawings prior to the approved plant being operated and the approved screen shall be retained for as long as the plant is in situ.    

 

No change to reason.

RESOLVED UNANIMOUSLY:

 

1.            That conditional permission be granted, subject to amendments to conditions 5, 7, 8 and 13, deletion of condition 12 and additional conditions 15, 16, 17, 18, 19 and 20 as set out above and further amendments to condition 5 to include a roof to plant screen, condition 7 to limit the size of the ground floor bar to be no more than 15% of the area on the ground floor and to condition 13 to prohibit the sale of any food or drink for takeaway and delivery service from the approved restaurant.

 

2.         That conditional listed building consent be granted, subject to an amended condition 7 as set out above.

 

3.         That the reasons for granting listed building consent as set out within Informative 1 of the draft decision letter be agreed.