CITY OF WESTMINSTER

PLANNING APPLICATIONS SUB-COMMITTEE (1)

TUESDAY 21 JANUARY 2014

MINUTES OF PROCEEDINGS At the meeting of the Planning Applications Sub-Committee (1) on Tuesday 21 January 2014 at 6.30pm, Westminster City Hall, 64 Victoria Street, London, SW1E 6QP Present: Councillors: Robert Davis (Chairman), Alastair Moss, Tim Mitchell and David Boothroyd Others Members Present: Councillor Iain Bott (Item 6) 1. MEMBERSHIP 1.1 It was noted that Councillor Alastair Moss had replaced Councillor Richard

Beddoe. 2. DECLARATIONS OF INTEREST

2.1 Councillor Davis declared that any members of the Majority Party who had or

would make representations on the applications on the agenda were his friends. He also advised that in his capacity as Deputy Leader and Cabinet Member for Planning it was inevitable and part of his role that he gets to know, meet and talk to leading members of the planning and property industry including landowners and developers and their professional teams such as architects, surveyors, planning consultants, lawyers and public affairs advisers as well as residents, residents associations and amenity groups. It was his practice to make such declarations. He stated that it did not mean that they were his personal friends or that he had a pecuniary interest but that he had worked with them in his capacity as Cabinet Member for Planning.

2.2 Councillor Davis stated that in his capacity as Cabinet Member he knows the

Senior Directors and representatives of Four Communications, Gerald Eve, Jones Laing LaSalle, DP9, Turley Associates and Belgrave who had advised the applicants of a number of items on the agenda.

Councillor Davis made the following further declarations as they related to the

specific applications on the agenda:

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Item 1: He declared that an application for a previous scheme on this site had been considered by the Sub-committee which he had chaired. He knows many of the people who had written in support and who objected to the application. He had attended several meetings over a number of years regarding this site.

Item 2: He had attended meetings with the applicants. He knows some of the

Directors of the parent company, Berkeley Homes and had received hospitality from it previously. He knows Eric Parry, the Architect for the scheme. The building is close to the Local Government Association of which he is a member. He is also a personal friend of the Mayor of London who has submitted a representation.

Item 3: This is the Council’s own development. He has had meetings with

some of the objectors and the Marylebone Association. Item 4: The principle decision for the scheme had been considered by the Sub-

Committee previously which he had chaired. He knows the Directors and representatives of the applicant and their advisers Gerald Eve. He has attended a meeting on site prior to the submission of the previously considered scheme.

Item 5: He had had several meetings with the applicants regarding the

proposal. Item 6: He had had several meetings with the applicants regarding the

proposal. He knows the Directors of Belgrave. Item 7: The application has been considered by the Sub-Committee previously

which he had chaired. He knows the Directors of Derwent and has received hospitality from them. He knows the applicant and two of the objectors, John Zamit and Billy Kennedy.

Item 8: He knows the Directors of the Portman Estate and has received

hospitality from it. The application is connected to the Manchester Square Fire Station application which was considered and granted by the Sub-Committee at a previous meeting. While he has attended meetings on the fire station he has not had any in relation to this application.

Item 9: The application had been considered by the Sub-Committee on a

previous application. He has friends who live in the adjoining block but they had not raised any concerns about the application with him and had not objected to it.

Item 14: The site is located in his ward. The application has been considered

by the Sub-Committee previously. He has previously had meetings with the applicants on the proposal and he knows the Architect for the scheme.

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2.3 Councillor David Boothroyd read out the following declarations:

‘‘I am the Head of Research and Psephology for Indigo Public Affairs,

whose clients are companies applying for planning permission from

various local authorities. No current clients are in Westminster; if there

were I would be precluded from working on them under the company’s code of conduct. I do not deal directly with clients or other members of

project teams.

Some clients have hired planning consultants who are also representing

applicants tonight. They are Jones Lang LaSalle on item 1, Turley

Associates on items 2, 7 and 14, Alliance Planning on item 3, Gerald Eve on item 4, and DP9 on items 5, 6 and 9, all of which I declare as a personal

interest. There is no financial link between the planning consultants and

my employers.

Indigo Public Affairs were invited to pitch for the consultation on item 6;

although unsuccessful, I will consider that as a prejudicial interest and

withdraw for that item.

On items 1, 4, 7 & 14 I have been a member of the committee deciding

previous applications on those sites. On item 2, the developer is a joint venture between Berkeley Homes and the St James Homes; both are

former clients of Indigo Public Affairs in relation to other schemes. On

item 5 the applicant is Taylor Wimpey, who are current clients of Indigo

Public Affairs in relation to developments in Shropshire and Worcestershire. On item 10, I am aware that my friend Cllr Guthrie McKie

lives on Sutherland Place in the vicinity of the site, but he has not

contacted me about it and he lives too far away to be significantly affected.’’

2.4 Councillor Tim Mitchell declared that any members of the Majority Party who

had or would make representations on the applications on the agenda were his friends. He also advised that in his capacity as a Ward Councillor for St James’s he had regular contact with landowners, developers and their agents on proposals which included Gerald Eve, Four Communications and Belgrave who had applications on the committee’s agenda.

Councillor Mitchell made the following further declarations as they related to

the specific applications on the agenda: Item 1: The site is located in his ward. He had received a presentation from

the applicants on a number of occasions prior to the submission of the application. He had also sat on the committee when it had considered the previously granted scheme.

Item 2: The site is located in his ward. He had received a presentation from

the applicants.

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Item 3: This is the Council’s own development. Item 4: He had sat on the committee when it had considered the application

previously. Item 5: The site is located in his ward. He had received a presentation from

the applicants. He has been in correspondence and had meetings with local residents on the scheme.

Item 6: He knows Directors of Belgrave. Item 8: He had sat on the Sub-committee when it had previously considered

the application for the Manchester Square Fire Station. Item 9: He had sat on the committee when it had considered the application

previously. Item 13: The site is adjacent to his ward. Item 14: He had sat on the committee when it had considered the application

previously. 2.5 Councillor Alastair Moss made the following further declarations as they related

to the specific applications on the agenda: Item 1: He has received hospitality from the Theatres Trust. The firm that he

works for is a former client of the hotel. Item 2: He knows some of the Directors of the applicant company and has

received hospitality from it previously. He chaired Planning meetings where two previously granted applications have secured funding for the St Vincent’s Centre through Section 106 agreements. He also declared that he had previously attended meetings with the Leader of the Council, the St Vincent’s Centre and their representatives on the principle of the funding mechanism to deliver the improvements to the St Vincent’s Centre.

Item 4: He has received a presentation from the applicants regarding the

scheme and knows representatives of Gerald Eve. Item 5: He knows and has worked in a professional capacity with DP9. Item 6: He knows and has worked in a professional capacity with DP9 and

knows representatives of Belgrave. Item 7: He has received hospitality directly from Derwent. Item 8: He has received hospitality directly from the Portman Estate. He also

had attended a site visit in relation to the linked application for the Manchester Square Fire Station but not for this particular application.

Item 9: He knows and has worked in a professional capacity with DP9.

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2.6 Councillor Iain Bott declared in respect of Item 6 that he has had meetings with

the applicants, Belgrave, DP9, local residents and businesses on the scheme. 3. MINUTES

3.1 The Chairman, with the consent of the Members present, signed the minutes of

the meeting held on 10 December 2013 as a true and correct record of the proceedings.

4. PLANNING APPLICATIONS

The Strategic Director Built Environment, submitted reports in relation to the following applications for determination by the Sub-Committee, copies of which are included in the register in the custody of the Head of Legal & Democratic Services.

1. DEVELOPMENT SITE AT LAND BOUNDED BY LEICESTER SQUARE,

PANTON STREET, WHITCOMB STREET, ORANGE STREET AND ST. MARTIN'S STREET, WC2

Demolition of existing buildings and construction of replacement 10

storey building with five basement levels to occupy entire city block to provide a 360 bedroom hotel (with ancillary facilities including function rooms, spa, three ground floor restaurants and bars) and a two screen cinema with 407 seat and 139 seat auditoriums. Associated works including mechanical plant within roof enclosure and loading facilities.

Additional representations were received from Edwardian Group

(19/12/13 & 9/1/14) and Montagu Evans (16/1/14). Late representations were received from Paul Wiffen (20.1.14), Adam Unger (20.1.14), Nick Cowley (20.1.14) and Jones Laing Lasalle (20.1.14). The presenting officer tabled the following changes to the draft decision letter:

Additional condition You must apply to us for approval of details of secure cycle storage for the hotel use. You must not start any work on this part of the development until we have approved what you have sent us. You must then provide the cycle storage in line with the approved details prior to occupation and make it available at all times to everyone using the hotel. You must not use the cycle storage for any other purpose.

Revised condition 16. Other than doors which are used exclusively for fire exit purposes in an

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emergency or for access to the electricity substation and switch room, you must hang all doors or gates so that they do not open over or across the road or pavement.

RESOLVED: 1. The Sub-Committee considered that:

a) the case made by the applicant for not providing on site

residential is acceptable.

b) a financial contribution of £2,958,074 towards the Council's affordable housing fund in lieu of on-site residential is acceptable in this case.

c) the proposed provision of the replacement residential accommodation in the vicinity of the site rather than within the site is acceptable.

d) the proposed building height, bulk, form and detailed design is such that it preserves the character and appearance of the Leicester Square Conservation Area, the setting of the Grade I listed National Gallery and the character and appearance of neighbouring conservation areas and thus justifies the demolition of the buildings currently on the site.

2. Subject to 1 above and the views of the Mayor of London, conditional permission be granted, subject to:

a) the completion of a S106 legal agreement to secure the

following:

• Crossrail payment of £1,098,486 (index linked and payable on commencement of development);

• Public realm payment of £1,428,440 (index linked and payable on commencement of development);

• Payment of £2,958,074 towards the City Council's affordable housing fund (index linked and payable on commencement of development);

• Compliance with the Council's Code of Construction Practice and Environment Inspectorate payment of up to £18,000 pa for monitoring (index linked);

• Construction monitoring payment of up to £10,020 pa (index linked);

• Payment for the cost of necessary highway works including relocation of disabled WC facility on Whitcomb Street;

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• Payment for the cost of the temporary relocation during construction works of the CCTV camera that monitors entry into Panton Street and subsequent permanent fixing onto the application site;

• Payment for the cost of the temporary relocation during construction works of street lighting fixed to the application site and for subsequent permanent fixing onto the application building;

• Payment of £15,000 for the cost of two Legible London signs (index linked and payable on commencement of development);

• To provide a minimum of 576m2 (GEA) of residential floorspace in the vicinity of the site arranged as four separate residential units and to be provided prior to first occupation of any part of the hotel;

• A link to the Hampshire Hotel to allow for the export of energy from the application site;

• Public art to the value of £200,000;

• Employment and training opportunities strategy;

• A community liaison plan during demolition and construction works;

• Cost of monitoring each planning obligation. All contributions must be provided on commencement and the alternative residential floorspace in the vicinity of the site must be provided before occupation of the hotel.

b) The additional condition and revision to Condition 16 as tabled and set out above.

c) Revising condition 8 to make the terminal hour 01:00.

d) An additional condition reserving signage for the cinema on

the corner of the tower.

3. If the S106 legal agreement has not been completed within six weeks of the date of this decision then:

(a) The Strategic Director shall consider whether it would be

possible and appropriate to issue the permission with additional conditions attached to secure the benefits listed above. If so, the Strategic Director is authorised to determine

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and issue such a decision under Delegated Powers; however, if not;

(b) The Strategic Director shall consider whether permission should be refused on the grounds that the proposals are unacceptable in the absence of the benefits which would have been secured; if so, the Strategic Director is authorised to determine the application and agree appropriate reasons for refusal under Delegated Powers.

4. That conditional conservation area consent be granted.

That the reasons for granting conservation area consent as set out in Informative 1 of the draft decision letter be agreed.

2. DEVELOPMENT SITE AT ERGON HOUSE HORSEFERRY ROAD AND 9 MILLBANK, SW1

Demolition of Ergon House and construction of eight storey residential

building incorporating a ground floor retail unit (Class A1) and partial demolition and reconstruction of rear wing of 9 Millbank and conversion to residential use to provide 161 residential flats. Conversion of the gatehouse on Dean Bradley Street to provide a single dwelling unit. Provision of basement car parking and landscaped courtyard.

Late representations were received from the Head of Affordable and Private Sector Housing (21.1.14), St Edward (20.1.14), Highways Planning Manager (20.1.14) and GLA (15.1.14). The presenting officer tabled the following changes required to the draft decision letter:

Additional conditions You must apply to us for approval of detailed drawings of the entrance

court to show areas designed for informal playspace. 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 detailed drawings. (C26DB)

Pre Commencement Condition. You must apply to us for approval of a method statement explaining the measures you will take to protect the trees close to the site. You must not start any demolition, site clearance or building work, and you must not take any equipment, machinery or materials for the development onto the site, until we have approved what you have sent us. You must then carry out the work according to the approved details.

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RESOLVED:

1. The Sub-Committee agreed to the applicants proposed affordable housing offer to provide nine intermediate housing units on-site and a contribution of £3.52m to The Passage.

2. Subject to 1 above and the views of the Mayor of London, conditional permission be granted, subject to:

a) completion of a S106 legal agreement to secure the following:

• The applicants offer to provide nine intermediate units on-site

• A payment of £3.52 million towards the St Vincent's Centre payable on grant of permission.

• Financial payment of £550,000 to cover the cost of re-instatement of footway paving around the development site and other public realm projects in the vicinity of the site (index linked and payable on commencement of development).

• Free lifetime (20 years) car club membership for residents of the scheme.

• Compliance with the Council's Code of Construction Practice and to pay cost of monitoring by the Environment Inspectorate of up to £19,000 pa during construction works (index linked).

• To pay for the cost of monitoring Environmental Sciences of up to £12,000 pa during construction works (index linked).

• Financial contribution of £75,000 towards the provision of children's playspace improvements at Victoria Tower Gardens (index linked and payable on commencement of development).

• To pay the cost of works to alter the bus stop cage on Horseferry Road.

• A social and community payment of £70,000 towards a social and community use in the vicinity of the site (index linked and payable on commencement of development).

• To pay up to £10,000 for the cost of the planting and maintenance of two trees outside Westminster Green entrance (index linked and payable on commencement of development).

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• Provision of public art to the value of £250,000.

• A payment of £145,000 towards the Council's carbon off-setting fund (index linked and payable on commencement of development).

• A payment of £50,000 to fund an extension to the TfL Horseferry Road docking station by 15 points.

• A car parking management plan.

• An employment and training opportunities strategy.

• A community liaison plan during demolition and construction works.

• Cost of monitoring each planning obligation.

• An educational payment of £317,440 as tabled (this figure to be re-calculated to reflect the inclusion of the intermediate housing).

The additional conditions as tabled and condition to reserve further details of the 9 intermediate housing units .e. Conditions to be determined under Delegated Authority subject to consultation with the Chairman.

3. If the S106 planning obligation has not been completed within six weeks of the date of this decision then:

(a) The Strategic Director shall consider whether it would be possible and appropriate to issue the permission with additional conditions attached to secure the benefits listed above. If so, the Strategic Director is authorised to determine and issue such a decision under Delegated Powers; however, if not;

(b) The Strategic Director shall consider whether permission should be refused on the grounds that the proposals are unacceptable in the absence of the benefits which would have been secured; if so, the Strategic Director is authorised to determine the application and agree appropriate reasons for refusal under Delegated Powers.

4. That conditional conservation area consent and conditional listed building consent be granted.

5. The planning permission, conservation area consent and listed building consent is for a period of four years.

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6. That the reasons for granting conservation area consent and listed building consent as set out in Informative 1 of the draft decision letters be agreed.

3. LUXBOROUGH TOWERS, LUXBOROUGH STREET, W1

Redevelopment of the existing play space to provide a library on two basements and part ground floor and nine residential units above (1x1 bedroom, 5x2 bedroom and 3x3 bedroom units), pedestrian access, cycle storage and associated landscape works. Removal of the existing boundary railings and brick base wall between Paddington Street Gardens North and the Luxborough Tower play space.

(Council's Own Development). An additional representations were received from Citywest Homes (16.1.14) .

Late representations were received from Alliance Planning (17.1.14), Citywest Homes (17.1.14) and the Luxborough Street Residents Forum (20.1.14). The presenting officer tabled the following amendments to the recommendations: (changes in bold) 1. Does the Sub-Committee consider that: a) the planning benefits associated with the provision of a replacement public library on this site are sufficient to outweigh policy objections to the redevelopment of an existing open space/play space without providing a replacement play facility. b) the proposal to make a financial contribution to the City Council's affordable housing fund in lieu of on-site affordable housing provision is acceptable in this case. 2. Subject to 1a) and 1b) above grant conditional permission pursuant to Regulation 3 of the Town and Country Planning General Regulations 1992 , subject to a Unilateral Undertaking to secure:

i) a financial contribution of £247,000 to the City Council's affordable housing fund to be paid on commencement of development;

ii) a parking mitigation payment of £9,000 to be paid on first occupation of the flats;

iii) lifetime car club membership (20 years) for occupants of the proposed flats;

iv) highway works;

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v) S106 monitoring costs.

3. If the Unilateral Undertaking has not been completed within six weeks of the application being reported to the Planning Applications Sub-Committee then:

a) the Strategic Director shall consider whether permission can be issued with additional conditions attached to secure the benefits listed above. If this is possible and appropriate, the Strategic Director is authorised to determine and issue such a decision under Delegated Powers: however, if not

b) the Strategic Director shall consider whether permission should

be refused on the grounds that it has not proved possible to complete a S106 legal agreement within an appropriate timescale and that the proposals are unacceptable in the absence of the benefits that would have been secured; if so, the Strategic Director is authorised to determine the application and agree appropriate reasons for refusal under Delegated Powers.

4. Subject to 1 and 2 above, to resolve to recommend to the Secretary of State that conditional conservation area consent be granted. The presenting officer also tabled the following amendments to the draft decision notice (changes in bold). Condition 9 Pre-Commencement Condition: No development shall commence until details of an appropriate programme of public engagement relating to archaeological works have been submitted to and approved by the City council in consultation with English Heritage. The approved programme must be implemented in accordance with the timetable set out in the approved programme. Reason 9 In order to secure public interpretation and presentation of the site’s archaeology in accordance with London Plan policy 7.8 (previously missing) Conditions 25 and 30 to 36 deleted and replaced with: 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 which are to be provided, including those trees which will be planted to replace the trees which are shown as being removed on drawing 1202/200B hereby approved. You must not start work on the relevant part of the development until we have approved what you have sent us. You must then carry

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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 or find that they are dying, severely damaged or diseased within three years of planting them, you must replace them with trees of a similar size and species. (C30CB) Reason: To improve the appearance of the development, to make sure that it contributes to the character and appearance of the area, and to improve its contribution to biodiversity and the local environment. This is as set out in S38 of Westminster's City Plan: Strategic Policies adopted November 2013 and ENV 16, ENV 17 and DES 1 (A) of our Unitary Development Plan that we adopted in January 2007. (R30BC) Pre Commencement Condition. You must apply to us for approval of a method statement explaining the measures you will take to protect the trees on and close to the site. You must not start any demolition, site clearance or building work, and you must not take any equipment, machinery or materials for the development onto the site, until we have approved what you have sent us. You must then carry out the work according to the approved details. Reason: To make sure that the trees on the site are adequately protected during building works. This is as set out in S38 of Westminster's City Plan: Strategic Policies adopted November 2013 and DES 1 (A), ENV 16 and ENV 17 of our Unitary Development Plan that we adopted in January 2007. (R31AC) You must arrange for an arboricultural consultant who is registered with the Arboricultural Association, or who has the level of qualifications or experience (or both) needed to be registered, to supervise the development. You must apply to us for our approval of the details of such supervision including: o identification of individual responsibilities and key personnel. o induction and personnel awareness of arboricultural matters. o supervision schedule, indicating frequency and methods of site visiting and record keeping o procedures for dealing with variations and incidents. You must not carry out any demolition, site clearance or building work, and you must not take any equipment, machinery or materials for the development onto the site, until we have approved what you have sent us. You must then adhere to the approved supervision schedule. Pre Commencement Condition. You must apply to us for our approval of any planned digging to make any temporary or replacement pathway, as indicated on drawing 12012/220B hereby approved, underneath any trees that you are going to keep, and the materials you plan to use to make the hard surface. You must not start any work until we have approved what you have sent to us. The surfacing must be carried out according to the approved details. (C31LA)

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Reason: To make sure that the trees on the site are adequately protected during building works. This is as set out in S38 of Westminster's City Plan: Strategic Policies adopted November 2013 and DES 1 (A), ENV 16 and ENV 17 of our Unitary Development Plan that we adopted in January 2007. (R31AC) Condition 40 The library must operate in accordance with the Operational Management Strategy dated 20 December 2013

RESOLVED:

1. The Sub-Committee considered that:

a) the planning benefits associated with the provision of a replacement public library on this site are sufficient to outweigh policy objections to the redevelopment of an existing open space/play space without providing a replacement play facility.

b) the proposal to make a financial contribution to the City Council's affordable housing fund in lieu of on-site affordable housing provision is acceptable in this case.

2. Subject to 1a) and b) above and pursuant to Regulation 3 of the Town and Country Planning General Regulations 1992, conditional permission be granted, subject to:

a) a Unilateral Undertaking to secure:

i) a financial contribution of £247,000 to the City Council's

affordable housing fund to be paid on commencement of development;

ii) a parking mitigation payment of £9,000 to be paid on first occupation of the flats;

iii) lifetime car club membership (20 years) for occupants of the proposed flats;

iv) highway works; v) S106 monitoring costs. vi) The provision of permanent public art.

b) Deleting Condition 10 requiring all windows to the residential

accommodation to incorporate blinds.

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c) Amending Condition 41 to allow 24 hour use of library plant/machinery.

d) Changes to the draft decision letter as tabled and set out

above.

3. If the Unilateral Undertaking has not been completed within six weeks of the application being reported to the Planning Applications Sub-Committee then:

a) the Strategic Director shall consider whether permission can be issued with additional conditions attached to secure the benefits listed above. If this is possible and appropriate, the Strategic Director is authorised to determine and issue such a decision under Delegated Powers: however, if not

b) the Strategic Director shall consider whether permission should be refused on the grounds that it has not proved possible to complete a S106 legal agreement within an appropriate timescale and that the proposals are unacceptable in the absence of the benefits that would have been secured; if so, the Strategic Director is authorised to determine the application and agree appropriate reasons for refusal under Delegated Powers.

4. Subject to 1 and 2 above, recommend to the Secretary of State that conditional conservation area consent be granted.

Councillor David Boothroyd dissented to the decision.

4. WESTERN DISTRICT OFFICE, 35-50 RATHBONE PLACE, W1

(ADDENDUM REPORT) Substantial demolition of existing buildings and redevelopment of the site to

provide a mixed use scheme accommodated in two L-shaped buildings rising to nine storeys plus basements and rooftop plant with frontages to Rathbone Place and Newman Street set around a central open space; use of new buildings for up to 162 residential dwellings (Class C3) with communal garden, offices (Class B1), shops (Class A1), flexible space for use as shops (Class A1) and/or restaurant (Class A3) and/or bar (Class A4); provision within basement of plant rooms and car/cycle parking with vehicular access via lifts from Newman Street; ground floor loading bay with access from Newman Street; new pedestrian routes through the site from Newman Street and Rathbone Place; and associated works.

A late representation was received from Gerald Eve (17.1.14)

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RESOLVED:

1. That conditional permission be granted, subject to:

a) a legal agreement to secure the following:

i) 1,710m2 on-site and 2,535m2 off-site (at 46-50 Mortimer Street, 51 Mortimer Street and 88 Great Portland Street) affordable housing floorspace;

ii) A financial contribution towards the City Council's affordable housing fund;

iii) £355,478 towards educational infrastructure demand generated by the proposals;

iv) Public art to a value of £350,000;

v) Daily public access to the open space provided at the site between the hours 06.30-22.00;

vi) £66,000 towards parking review studies following implementation of the development;

vii) Free car club membership for 20 years for each flat;

viii) £25,000 towards children's play equipment in the area;

ix) Environmental and highway improvements in surrounding streets including tree planting;

x) A contribution of £3,779,240 towards Crossrail;

xi) An approved Travel Plan;

xii) Agreed shopfront and advertisement design guidelines for the development;

xiii) A contribution of £50,000 per annum for the City Council's Environmental Inspectorate to monitor the development;

xiv) Car parking provision to be first come, first served with 60 spaces unallocated with reasonable provision also being made for a proportion of these to serve the intermediate units;

xv) Restrictions on TACE10 units so as to require such entertainment to revert to restaurant use after 18.00 where drinks can only be served to people taking a meal and prevent external use after 21.00.

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b) Amending Condition 41 as proposed by the applicant.

2. If the S106 legal agreement has not been completed within six weeks of the date of the Sub-Committee resolution, then:

a) The Strategic Director 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 Strategic Director is authorised to determine and issue such a decision under Delegated Powers; however, if not

b) The Strategic Director shall consider whether permission should

be refused on the grounds that it has not proved possible to complete an agreement within an appropriate timescale, and that the proposals are unacceptable in the absence of the benefits that would have been secured; if so the Strategic Director is authorised to determine the application and agree appropriate reasons for refusal under Delegated Powers.

5. 1 CHADWICK STREET, SW1 Demolition of existing buildings and erection of two replacement

buildings comprising an eight storey building and a five storey building to provide a total of 46 residential units with associated basement for 27 car parking spaces and 62 cycle parking spaces and mechanical plant, together with associated works including landscaping.

Additional representations were received from DP9 (15.1.14) and Mr and Mrs J N Ainsworth (6.1.14). Late representations were received from Channel 4 (20.1.14), Joe Broadey (20.1.14), Rose Martin (20.1.14) and Ian Murray (20.1.14)

The presenting officer tabled the following revised recommendation, since the applicants had now addressed the affordable housing issue:

Refuse permission – Design. RESOLVED: That permission be refused due to the height of the 8 storey building only. An informative to be included in the decision letter that should the

applicant submit a fresh application the Sub-Committee would prefer to see affordable housing provided on site and unallocated car parking spaces in the basement available to all residents on a first come, first served basis .

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6. SITE 1: 9 MARYLEBONE LANE, W1 Demolition of existing building and redevelopment to provide a building

comprising lower ground, ground and seven floor levels, excavation to provide three sub-basement levels. Use of the building as 21 residential units, terraces at sixth and seventh floors, together with landscaping of existing access road, landscaped communal amenity space. Associated ancillary leisure facilities, car and cycle parking, mechanical plant and associated works at lower basement levels.

SITE 2: 73 BROOK STREET, W1

Use of the fifth floor as offices (Class B1) Having declared a prejudicial interest, Councillor Boothroyd left the room during the consideration of this item. Councillor Iain Bott addressed the committee in his capacity as a Ward Councillor in objection to the proposal. Additional representations were received from David Henderson (14.1.14) and Susan O’Mahoney (17.11.13). Late representations were received from Mark and Cathy Corbett (20.1.14) and a colour brochure of the proposed development from the applicants (undated). RESOLVED:

1. Deferred for a site visit

Site 1:

2. The Sub-committee had no objections to the principle of re-development of the building to residential but had concerns about the impact of the proposal on neighbours amenities. The applicant is requested to reduce the impact on the neighbours by setting back the north west corner of the building. The applicant is also asked to investigate whether the roof could be lower to reduce the impact when viewed from Stratford House. Site 2:

3. The Sub-Committee did not have any objections to the conversion of Site 2.

.

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7. 96-98 BISHOP'S BRIDGE ROAD, W2 (ADDENDUM REPORT)

Variation of Conditions 1 and 7 of planning permission dated 1 August

2013 (RN: 11/10824) for the redevelopment behind retained front facade of former restaurant for a mix of uses comprising 16 residential flats and two Class A1 shops; namely, to replace the coloured glass in the six stained glass windows to be reinstated in the front elevation with a mix of clear and coloured glass.

RESOLVED: That conditional permission be granted. 8. 14-15 FITZHARDINGE STREET, W1

Use of No. 14 and No. 15 as six self-contained residential flats. Single storey rear extension, rear basement extension, reinstatement of blocked windows on side and rear elevation and associated external alterations.

Deed of variation to the legal agreement dated 30 April 2009 which

accompanied the planning permission of the same date (RN: 09/00606/FULL); namely, to vary the legal agreement to allow the date to be extended by which the residential conversion at 15 Fitzhardinge Street is to be completed.

RESOLVED:

1. That conditional permission be granted subject to a deed of variation to the S106 legal agreement associated with the land use swap involving 48, 58, 63 Gloucester Place, 15-16 Fitzhardinge Street and Manchester Square Fire Station,1 Chiltern Street requiring:

i) An extended 18 month period of completion (from the date of this permission) for the residential use of 15 Fitzhardinge Street.

ii) A financial contribution of £6,000 towards monitoring and extension of on-street parking provision (Payment for the Review of Parking).

iii) Restrict the use of 14 and 15 Fitzhardinge Street as residential accommodation only.

2. That conditional listed building consent be granted.

3. That the reasons for granting listed building consent as set out in

Informative 1 of the draft decision letter be agreed.

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9. 163 KNIGHTSBRIDGE, SW7 Variation of Conditions 3, 4, 5 and 6 of planning permission dated 30

March 2012 (RN: 11/10929/FULL) for variation of Condition 55 of planning permission dated 20 October 2010 (RN: 10/04717/FULL) for redevelopment of the site to provide a building comprising six basement levels, ground floor and nine upper floors with plant level above for use as an 87 bedroom hotel, restaurant and five residential flats (Site includes 163-169, 171-173 Knightsbridge); namely, to change the use of part sixth floor from hotel to residential flat, to change the wording of Condition 3 to allow the bar to open to non resident hotel guests between 07.00 and midnight (Monday to Saturday) and 07.00 and 23.00 (Sundays and Bank Holidays), to vary Condition 4 to allow the basement restaurant to open to non resident hotel guests between 07.00 and 01.00 (Monday to Saturday) and 07.00 and midnight (Sundays and Bank Holidays), to vary Condition 5 to amend the capacities of the ground floor bar to 120 customers and the basement restaurant to 80 customers and to vary Condition 6 to allow the ballroom premises to open to non hotel residents from 07. 00 hours.

RESOLVED: That conditional permission be granted subject to completion of a Deed of Variation to the existing S106 legal agreement and minor re- wording the conditions 3,4,5 and 6.

10. 52 NORTHUMBERLAND PLACE, W2

Amalgamation of two maisonettes to create a dwellinghouse (Class

C3), excavation beneath the footprint of the building and part of the front and rear gardens to create additional basement floor level with lightwell in front garden and rooflight within rear garden. Cladding of the existing staircase housing at roof level and enlargement of rear courtyard through reduction in size of rear extension.

A late representation was received from Anjali Khera (17.1.14). RESOLVED: That conditional permission be granted. 11. 4-5 SPRING STREET, W2 Retention of four air condenser/refrigeration units within a new acoustic enclosure at rear first floor level.

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RESOLVED: 1. That conditional permission and conditional listed building

consent be granted subject to an additional condition requiring the removal of redundant old plant within one month of the installation of the acoustic enclosure.

2. That the reasons for granting listed building consent as set out

in Informative 1 of the draft decision letter be agreed. 12. 10 STERLING STREET, SW7 Excavation beneath dwelling and front lightwell/vaults to create new basement level and replace vault doors with glazing. RESOLVED:

That conditional permission be granted. 13. 2 REGENCY STREET, SW1 Use of an area of the public highway measuring 5.7m x 1.45m on

Regency Street for the placing of four tables and eight chairs in connection with the existing public house.

RESOLVED:

That conditional permission be granted for a temporary period of one year.

Agreed that letters be sent to the objectors explaining that permission granted for one year, and if they experience problems with non complianace with the conditions to contact the Planning Enforcement Team.

14. 119 BAYSWATER ROAD, W2 Amendments to planning permission dated 28 March 2012 (RN:

10/10822) for redevelopment with retention of facade and party walls to No. 122 Bayswater Road to provide a new seven storey plus basement building comprising retail (Class A1) and restaurant (Class A3) on the ground floor and part basement and 22 flats (1x1 bed, 14x2 bed and 7x3 bed) over first to sixth floors with roof top and basement plant and 27 cycle parking spaces; namely, alterations to front facade, alterations to rear facade involving removal of green wall and installation of window boxes and first floor terrace and green roof to No. 122, alteration to internal layout including two core residential access, reconfiguration of allocation of floorspace involving loss of retail floorspace to residential, rearrangement of retail and restaurant units, residents gym at basement, revised plant location, changes in detail at roof level.

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An additional representation was received from Highways Planning (9.1.14). RESOLVED:

That conditional permission be granted subject to a deed of variation of the S106 legal agreement dated 28 March 2012 to secure the additional planning obligations as follows:

1. A financial contribution of £28,000 towards the affordable

housing fund (index linked and payable on commencement of development)

2. A financial contribution of £5,000 towards improvements to

Hyde Park (index linked and payable on commencement of development)

5. TERMINATION OF MEETING

5.1 The meeting ended at 10.05pm.

CHAIRMAN _____________________ DATE ________________