Public Document Pack
Committee Agenda
City of Westminster
Title: Planning (Major Applications) Sub-Committee
Meeting Date: Tuesday 26th May, 2020
Time: 6.30 pm
Venue: Please note that this will be a virtual meeting.
Members: Councillors:
Robert Rigby (Chairman) Jim Glen David Boothroyd Louise Hyams Geoff Barraclough James Spencer
This will be a virtual meeting and members of the public and press are welcome to follow the meeting and listen to discussion to Part 1 of the Agenda
This meeting will be live streamed and recorded. To access the recording after the meeting please revisit the link.
If you require any further information, please contact the Committee Officer, Georgina Wills: Committee and Governance Officer.
Tel: 07870 548 348; Email: [email protected]
Corporate Website: www.westminster.gov.uk
Note for Members: Members are reminded that Officer contacts are shown at the end of each report and Members are welcome to raise questions in advance of the meeting. With regard to item 2, guidance on declarations of interests is included in the Code of Governance; if Members and Officers have any particular questions they should contact the Head of Committee and Governance Services in advance of the meeting please.
AGENDA PART 1 (IN PUBLIC)
1. MEMBERSHIP To note any changes to the membership. 2. DECLARATIONS OF INTEREST To receive declarations by Members and Officers of the existence and nature of any pecuniary interests or any other significant interest in matters on this agenda.
3. MINUTES (Pages 5 - 10) To sign the minutes of the last meeting as a correct record of proceedings.
4. REINTRODUCTION OF PUBLIC SPEAKING To agree the reintroduction of public speaking at virtual Planning Applications Sub-Committees.
5. PLANNING APPLICATIONS Applications for decision
Schedule of Applications
Members of the public are welcome to speak on the specific applications at the virtual planning committee meeting. To register to speak and for guidance please visit: https://www.westminster.gov.uk/planning-committee
Please note that you must register by 12 Noon on the Friday before the Committee meeting In the event that you are successful in obtaining a speaking slot at the virtual meeting please read the guidance, in order to familiarise yourself with the process prior to joining the remote meeting.
All committee meetings open to the public are being broadcast live using Microsoft Teams. For information on participating in the virtual Committee please see the following link: -
https://www.westminster.gov.uk/stream-council-meetings
1. BROADWAY COMPLEX, 55 BROADWAY, LONDON SW1H (Pages 15 - 66) 0BD
2. DEVELOPMENT SITE AT MILLBANK COMPLEX, 30 (Pages 67 - MILLBANK LONDON, SW1P 4QP 142)
3. 65 HORSEFERRY ROAD, LONDON, SW1P 2ED (Pages 143 - (WESTMINSTER CORONER'S COURT) 184)
4. 46 BERKELEY SQUARE AND 46 HAY’S MEWS, LONDON, (Pages 185 - W1J 5AT 206)
5. 40-42 WILLIAM IV STREET, LONDON, WC2N 4DD (Pages 207 - 220)
Stuart Love Chief Executive 15 May 2020
Order of Business
At Planning Applications Sub-Committee meetings the order of business for each application listed on the agenda will be as follows:
Order of Business
i) Planning Officer presentation of the case
ii) Applicant and any other supporter(s)
iii) Objectors
iv) Amenity Society (Recognised or Semi-Recognised)
v) Neighbourhood Forum
vi) Ward Councillor(s) and/or MP(s)
vii) Council Officers response to verbal representations
viii) Member discussion (including questions to officers for clarification)
ix) Member vote
These procedure rules govern the conduct of all cases reported to the Planning Applications Sub-Committees, including applications for planning permission; listed building consent; advertisement consent, consultations for development proposals by other public bodies; enforcement cases; certificates of lawfulness; prior approvals, tree preservation orders and other related cases.
Agenda Item 3
MINUTES CITY OF WESTMINSTER
Planning (Major Applications) Sub-Committee
MINUTES OF PROCEEDINGS
Minutes of a meeting of the Planning (Major Applications) Sub-Committee held on Tuesday 11th February, 2020, Rooms 18.01 & 18.03, 18th Floor, 64 Victoria Street, London, SW1E 6QP.
Members Present: Councillors Robert Rigby (Chairman), Eoghain Murphy, James Spencer, Jim Glen, David Boothroyd and Geoff Barraclough.
Also Present: Councillors Mark Shearer and David Harvey addressed the Sub- Committee in their capacity as Ward Councillors in objection to the application.
1 MEMBERSHIP
1.1 It was noted that Councillor James Spencer had replaced Councillor Melvyn Caplan and that Councillor Eoghain Murphy had replaced Councillor Louise Hyams.
2 DECLARATIONS OF INTEREST
2.1 The Chairmen explained that a week before the meeting, all six Members of the Sub-Committee were provided with a full set of papers including a detailed officer’s report; together with bundles of the letters or e-mails received in respect of this application containing objections or giving support. If an issue or comment made by a correspondent was not specifically mentioned at this meeting in the officers’ presentation or by Members of the Sub-Committee, it did not mean that the issue has been ignored.
2.2 Councillor Jim Glen declared that in respect of Item 1 he was a Trustee of the Westminster Tree Trust and advised that he had not discussed the Application with members.
2.3 Councillor Geoff Barraclough declared that, in respect of Item 1, he was a member of the Westminster Labour Group and advised that the Body had made submissions about the proposals and stated that he had not been involved in this process or discussed the application with colleagues.
2.4 Councillor Boothroyd declared that he was the Head of Research and Psephology for Thorncliffe, whose clients were companies applying for
1 Page 5 planning permission from various local authorities. He advised that some Thorncliffe clients had engaged DP9 as planning consultants, who were separately representing the applicants at the Sub-Committee. However, he did not deal directly with clients or other members of project teams, and planning consultants were not themselves clients.
2.5 Councillor Boothroyd declared that he was a member of a Planning Applications Sub-Committee who met in March 2014 and which decided an application for various upgrade works in Victoria Tower Gardens.
2.6 Councillor Boothroyd further declared that he was a member of the Westminster Labour Group but had no input into its representation for Item 1.
3 PLANNING APPLICATIONS
1 THE VICTORIA TOWER GARDENS, MILLBANK, LONDON SW1P 3YB
Installation of the United Kingdom Holocaust Memorial and Learning Centre including excavation to provide a basement and basement mezzanine for the learning centre (Class D1); erection of a single storey entrance pavilion; re-provision of the Horseferry Playground and refreshments kiosk (Class A1); repositioning of the Spicer Memorial; new hard and soft landscaping and lighting around the site; and all ancillary and associated works.
Late representations were received from DP9 (10.02.20), Board of Deputies of British Jews dated (10.02.20), Save Victoria Tower Gardens & The Thorney Island Society (10.02.20),Cathedral Area Residents Group (07.02.20), Jeremy Barrell (11.02.20), Dr Irene Lancaster received (03.02.20), W.H. Fullerton (02.02.20), John Hesse-Architect (07.02.20), Mrs G P Hale (05.02.20), Gita Conn (10.02.20) and Ruth Hilton (03.02.20).
Ms Karen Pollock MBE, representing the Holocaust Educational Trust addressed the Sub-Committee in support of the Application.
Ms Mala Tribitch MBE, representing the Holocaust Educational Trust addressed the Sub-Committee in support of the Application.
Ms Lucy Tilley of Adjaye Associates (Architect) addressed the Sub-Committee in support of the Application.
Ms Barbara Dingle addressed the Sub-Committee in support of the Application.
Mr David Cooper, representing sponsors addressed the Sub-Committee in support of the Application.
Dr Stephen G Frankiss addressed the Sub-Committee in support of the Application.
Mr Alan Leibowitz representing Save Victoria Tower Gardens addressed the Sub- Committee in objection to the Application.
2 Page 6 Ms Nina Grunfeld representing Save Victoria Tower Gardens addressed the Sub- Committee in objection to the Application.
Mr Jeremy Barrell addressed the Sub-Committee in objection to the Application.
Dr Louise Read addressed the Sub-Committee in objection to the Application.
Mr Nicholas Hales addressed the Sub-Committee in objection to the Application.
Mr Robert Lindsey addressed the Sub-Committee in objection to the Application.
Mr Robert Nagle addressed the Sub-Committee in objection to the Application.
Ms Trudy Gold on behalf of Baroness Ruth Deech addressed the Sub-Committee in objection to the Application.
Ms Sally Prothero representing London Parks and Gardens Trust (Planning and Conservation Group) addressed the Sub-Committee in objection to the Application.
Ms Clare Annamalai representing Thorney Island Society addressed the Sub- Committee in objection to the Application.
Ms Barbara Weiss representing Westminster Society addressed the Sub-Committee in objection to the Application.
Councillor Mark Shearer addressed the Sub-Committee in his capacity as Ward Councillor in objection to the Application.
Council David Harvey addressed the Sub-Committee in his capacity as Ward Councillor in objection to the Application.
RESOLVED UNANIMOUSLY:
A That had the application not been called in by the Secretary of State for Housing, Communities and Local Government, the Committee agreed that, although the principle of a national memorial and learning centre to the Holocaust was supported, the proposed memorial and learning centre, was, because of its size, design, location and associated activity, an inappropriate form of development for the following reasons:
i. Heritage:
Because of its location, size and design, the Holocaust Memorial and Learning Centre would cause harm, which was less than substantial, to the significance of Victoria Tower Gardens, the Westminster Abbey and Parliament Square Conservation Area, the setting and significance of Buxton Memorial, the neighbouring grade 1 listed Palace of Westminster, and the setting, significance and outstanding universal value of the Palace of Westminster and Westminster Abbey including Saint Margaret’s Church World Heritage Site. This harm was
3 Page 7 not considered to be outweighed by the public benefits of the proposed development.
Or, if the trees are lost or damaged:
Because of its location, size and design, the Holocaust Memorial and Learning Centre would cause substantial harm to the significance of Victoria Tower Gardens, the Westminster Abbey and Parliament Square Conservation Area, the setting and significance of Buxton Memorial, the neighbouring grade 1 listed Palace of Westminster, and the setting , significance and outstanding universal value of the Palace of Westminster and Westminster Abbey including Saint Margaret’s Church World Heritage Site. This substantial harm was not outweighed by public benefits.
ii. Trees:
Inadequate and conflicting information had been submitted to allow proper assessment of the impact of the proposed development on trees within Victoria Tower Gardens, together with the effectiveness of suggested mitigation. As such it had not been satisfactorily demonstrated that unacceptable harm to, and/or loss of, trees would not arise as a result of the proposed development. Damage and/or loss to trees would be detrimental to the visual amenities of the area, and would have a further adverse effect on the significance of heritage assets.
iii. Open Space:
The proposed development and associated increased visitor activity would result in the loss of public open space and would harm the function of the Victoria Tower Gardens as an open space for active recreation and relaxation. This would be to the detriment of those who live in, work in, and visit the area.
B. That in the event that the Secretary of State granted permission following the inquiry, the Director of Place Shaping and Town Planning was authorised to seek to secure planning conditions (pursuant to s72 of the TCPA) and a s106/ s278 legal agreement to secure the following:
i. All highway works immediately surrounding the site required for the development to occur, including any necessary changes to foot way levels, on-street restrictions, (legal, administrative and physical);
ii. Public realm improvements;
iii. A financial contribution towards carbon offsetting;
iv. Management Plan (including security, operational, pre-booking system for learning centre and free public access in perpetuity);
4 Page 8 v. A financial contribution towards the Westminster Employment Service;
vi. A financial contribution of (sum to be confirmed) towards updating Legible London signage payable on commencement;
vii. ss106 monitoring costs.
The Meeting ended at 9.05 pm
CHAIRMAN: DATE
5 Page 9 This page is intentionally left blank Agenda Annex CITY OF WESTMINSTER PLANNING APPLICATIONS MAJOR SUB COMMITTEE – 26th May 2020 SCHEDULE OF APPLICATIONS TO BE CONSIDERED
Item No References Site Address Proposal Resolution 1. RN(s): Broadway Conversion of buildings for use as hotel (Class C1) 19/09813/FULL Complex with ancillary flexible retail, leisure/spa, restaurant or 55 Broadway bar use and other associated facilities; use of 10th 19/09814/LBC London floor roof terraces; internal and external alterations
SW1H 0BD including creation of new service bay off St Ermin's Hill, reconfiguration of entrances/exits to St James's Park Underground Station and rooftop plant. St James's Recommendation 1. Grant conditional permission subject to a S106 legal agreement to secure the following: i) Operational Management Plan for the hotel, restaurants, bars, retail, event spaces, external roof terraces and spa/gym facilities ii) Employment and Training Strategy for the construction phase and operational phase of the proposed development iii) Payment for all necessary highway works including the following to be carried out prior to the occupation of the hotel: * Changes to parking and loading restrictions in St Ermin's Hill * Footway widening to retain Pedestrian Comfort Level (PCL) A on Petty France and Broadway iv) Cost of monitoring
2. If the S106 legal agreement has not been completed within four 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 condition 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 be refused on the grounds that it has not proved possible to complete an agreement within an appropriate timescale, and the proposal is 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 reason for refusal under Delegated Powers.
3. Grant conditional listed building consent 4. Agree the reasons for granting listed building consent as set out in Informative 1 of the draft decision letter Item No References Site Address Proposal Resolution 2. RN(s): Development Variation of Condition 1 of planning permission dated 18/09095/FULL Site At 28th June 2016 (15/07756/FULL) for Refurbishment Millbank and replacement of facades and erection of 2 18/09096/LBC Complex additional floors and plant enclosure to both Millbank
21 - 30 Tower and 1 additional floor to the Y buildings; Vincent Square Millbank excavation of basement levels; demolition of rear car London park in association with re-landscaping and SW1P 4QP reconfiguration of wider site; all in association with the use of the Tower as 207 private residential flats (Class C3) and Skybar (ancillary to adjacent Class C1), the south podium and part of tower as an arts/ cultural facility (Class D1) and the north podium and Y buildings as a 150 bedroom hotel (Class C1) with restaurant, bar and cafe at ground floor level. Use of roof of podium building as a terrace with associated alterations, NAMELY to allow changes to list of approved plans to allow an increase in number of hotel bedroomsPage from 11 150 to 232, complete demolition dcagcm091231 CITY OF WESTMINSTER PLANNING APPLICATIONS MAJOR SUB COMMITTEE – 26th May 2020 SCHEDULE OF APPLICATIONS TO BE CONSIDERED
and rebuilding of the prow to allow for reconfiguation of arts/cultural facility, amendments to the residential mix/layouts in the Tower, re-configuration of basement car parking and servicing area, adjustments to landscaping and associated amendments. (The application is an Environmental Impact Assessment (EIA) development and is accompanied by an Environmental Statement (ES), which may be viewed with the planning application documents). Recommendation 1. Grant conditional permission subject to the views of the Mayor and subject to a deed of variation to the S106 legal agreement dated 28th June 2016 (15/07756/FULL) to secure:
i. The provision of a cultural facility on a 125 year lease with a peppercorn rent for 50 years, with the end user to be agreed by the City Council; ii. A contribution of £2.5million (index linked) towards the fitting out of the cultural facility; iii. The provision of a publically accessible 'Skybar' with no admission fee; iv. Costs of all highway works surrounding the site required for the development to occur including vehicle crossovers, changes to onstreet restrictions, returning the footway on Thorney Street and footway repaving; v. Provision of public art to the sum of £100K (index linked); vi. Employment and Training Strategy for the construction phase and the operational phase of the development viii. Costs of monitoring the S106 agreement;
2. If the S106 legal agreement has not been completed within six weeks of the date of the Committee resolution (7 July 2020) 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. Grant conditional listed building consent 4. Agree the reasons for granting listed building consent as set out in Informative 1 of the draft decision letter. Item No References Site Address Proposal Resolution 3. RN(s): 65 Erection of side extension comprising basement, 20/01252/COFU Horseferry ground, and double height first floor level to provide L Road additional accommodation for Westminster Coroner's London Court. Internal alterations to main building at ground 20/01253/COLB SW1P 2ED floor level and landscaping works. C (Westminster
Coroner's Court) Vincent Square Recommendation 1. Grant conditional permission and conditional listed building consent under Regulation 3 of the Town and Country Planning General Regulations 1992 2. Agree the reasons for granting listed building consent as set out in Informative 1 of the draft decision letter Page 12 dcagcm091231 CITY OF WESTMINSTER PLANNING APPLICATIONS MAJOR SUB COMMITTEE – 26th May 2020 SCHEDULE OF APPLICATIONS TO BE CONSIDERED
Item No References Site Address Proposal Resolution 4. RN(s) : 46 Berkeley Installation of plant enclosure, mechanical plant and 19/06034/FULL Square and plant screen at roof level, internal alterations at third 46 Hay’s floor level; and external alterations to 46 Hay's Mews,
Mews including retention of roof terrace within the mansard
London roof (part retrospective). W1J 5AT West End
Recommendation Refuse permission and listed building consent - design and listed building grounds. Item No References Site Address Proposal Resolution 5. RN(s) : 40-42 Variation of conditions 5 and 6 of planning William IV 19/09681/FULL permission dated 9th April 2019 (RN:18/03910/FULL) Street for the 'Use of part ground and basement floors as London drinking establishment (Class A4).' Namely, to WC2N 4DD amend the approved Operational Management Plan St James's to allow increase in number of customers permitted on site from 90 to 135 Recommendation Grant conditional permission
Page 13 dcagcm091231 This page is intentionally left blank Agenda ItemItem No. 1 1
CITY OF WESTMINSTER
PLANNING Date Classification APPLICATIONS SUB For General Release COMMITTEE 26 May 2020 Report of Ward(s) involved Director of Place Shaping and Town Planning St James's Subject of Report Broadway Complex, 55 Broadway, London, SW1H 0BD, Proposal Conversion of buildings for use as hotel (Class C1) with ancillary flexible retail, leisure/spa, restaurant or bar use and other associated facilities, use of 10th floor roof terraces, internal and external alterations including creation of new service bay off St Ermin’s Hill, reconfiguration of entrances/exits to St James’s Park Underground Station and rooftop plant. Agent DP9 Limited On behalf of Blue Orchid (St James) Limited Registered Number 19/09813/FULL and Date amended/ 19/09814/LBC completed 3 April 2020 Date Application 16 December 2019 Received Historic Building Grade 55 Broadway – Grade l Conservation Area Broadway And Christchurch Gardens
1. RECOMMENDATION
1. Grant conditional permission and conditional listed building consent subject to a S106 legal agreement to secure the following:
i) Operational Management Plan for the hotel, restaurants, bars, retail, event spaces, external roof terraces and spa/gym facilities ii) Employment and Training Strategy for the construction phase and operational phase of the proposed development iii) Payment for all necessary highway works including the following to be carried out prior to the occupation of the hotel: * Changes to parking and loading restrictions in St Ermin's Hill * Footway widening to retain Pedestrian Comfort Level (PCL) A on Petty France and Broadway iv) Cost of monitoring
2. If the S106 legal agreement has not been completed within four weeks of the Committee resolution then:
a) The Director of Place Shaping and Town Planning shall consider whether the
Page 15 Item No. 1
permission can be issued with additional condition 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 be refused on the grounds that it has not proved possible to complete an agreement within an appropriate timescale, and the proposal is 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 reason for refusal under Delegated Powers.
3. Grant conditional listed building consent
4. Agree the reasons for granting listed building consent as set out in Informative 1 of the draft decision letter
2. SUMMARY
The application site comprises 55 Broadway, 100 Petty France and Wing Over Station collectively known as the ‘Broadway Complex’.
55 Broadway is a Grade l listed building designed by Charles Holden as the headquarters of Underground Electric Railways Company of London Ltd (UERL), who operated many of the earliest underground railway lines, and was completed in 1929. 100 Petty France is a 1970’s building which was rebuilt and extended following bomb damage sustained in WWll. This building is linked internally to 55 Broadway and to Wing Over Station which was built in the 1920s. 100 Petty France and Wing Over Station are listed by virtue of their connection to 55 Broadway. All three buildings are currently occupied as offices by TfL who are in the process of relocating their staff to other TfL offices. At ground floor level, 55 Broadway is comprised of an arcade of small retail units (arranged around the centrally positioned TfL office reception area) and the main entrance to St James’s Park Underground station; there is a further entrance to the Underground Station from Palmer Street, below Wing Over Station.
The current applications, for conversion to a hotel with ancillary restaurant, bar, retail, leisure/spa and event spaces, have been submitted on behalf of Blue Orchid Hotels (an independent hotel operator with other hotels in Westminster) who has purchased a 150 year lease on the buildings, with the exception of the operational areas associated with St James’s Park Underground station which are retained by TfL.
Objections have been received on land use, highways, amenity and historic building grounds.
The key issues in this case are:
• the impact on residential amenity and quality of the local environment • highway issues particularly servicing and deliveries and the closure of the eastern entrance to St James’s Park Underground Station and the impact on other road users and pedestrians • the impact on the appearance and historic integrity of the Grade l listed building.
For the reasons set out in the report, the proposals are considered to be acceptable and in accordance with relevant policies, subject to appropriate conditions and a S106 legal agreement.
Page 16 Item No. 1
3. LOCATION PLAN
This production includes mapping data licensed from Ordnance Survey with the permission if the controller of Her Majesty’s Stationary Office (C) Crown Copyright and /or database rights 2013.
Page 17 Item No. 1
4. PHOTOGRAPHS
Page 18 Item No. 1
5. CONSULTATIONS
TWENTIETH CENTURY SOCIETY
Any response received to be reported verbally by officers.
VICTORIAN SOCIETY
Any response received to be reported verbally by officers.
GEORGIAN GROUP
Any response received to be reported verbally by officers.
SOCIETY FOR PROTECTION OF ANCIENT BUILDINGS
Any response received to be reported verbally by officers.
COUNCIL FOR BRITISH ARCHAEOLOGY
Any response received to be reported verbally by officers.
ANCIENT MONUMENTS SOCIETY
Any response received to be reported verbally by officers.
HISTORIC ENGLAND
Do not wish to comment. Authorisation to determine received.
HISTORIC ENGLAND (ARCHAEOLOGY) (GLAAS)
As there is no demolition/construction groundworks and/or new services proposed which would affect buried archaeology, a programme of archaeological work does not appear necessary. However, should any demolition and/or alteration be proposed which may affect historic fabric and/or features of interest, a historic building recording condition is recommended.
ENVIRONMENT AGENCY
No objection .
TRANSPORT FOR LONDON (TfL)
Content with the (draft) delivery and servicing arrangements subject to a condition to secure the submission and approval (in consultation with TfL) of the final Delivery and Servicing Plan. Also request that a Construction Logistics Plan is secured by condition. The footway and carriageway on Broadway and access to St James’s Park Underground
Page 19 Item No. 1
station must not be blocked during construction or subsequently for maintenance.
LONDON UNDERGROUND (INFRASTRUCTURE PROTECTION)
No objection. Have a legal agreement with the applicant through which the development will be managed (in so far as it relates to railway safety and operation).
WESTMINSTER SOCIETY
Welcome the respectful approach taken by the new owners and their architects, aimed at ensuring all necessary changes are sensitive to the original fabric and cause the least possible harm to this exceptional building. Also welcome the reconfiguration of the ground floor, which will re-instate the original circulation pattern envisaged by the architect and the opening up of the retail units and hotel to the surrounding streets which will sweep away the introspective parade of shops that contributed to the previously dead ground floor streetscape for so many years. The conservationist approach is exactly what one would wish for, for a landmark of this quality. Urge the City Council to approve the proposal, subject to stringent conditions which secure the sensitive adaptation of original finishes and details to 21st century circumstances.
VICTORIA NEIGHBOURHOOD FORUM
Any response received to be reported verbally by officers.
HIGHWAYS PLANNING MANAGER
The proposed servicing strategy which is off-street and does not block the highway is supported. The off-street servicing bay will have a turntable which will enable vehicles to enter and leave via St Ermin’s Hill in forward gear. The new hotel and the adjacent St Ermin’s Hotel should both be able to service from St Ermin’s Hill; with an element of cooperation. A (final) Delivery and Servicing Plan must be secured by condition. The developer must also pay for all costs associated with the required changes to the current parking and loading restrictions on St Ermin’s Hill; secured by S106 legal agreement.
There is an existing taxi rank close to the site on Broadway. Finding space for a longer rank, would be difficult given the security restrictions outside neighbouring buildings and could also result in the loss of other well-used facilities such as the nearby motorcycle parking on Broadway. It should however be possible to serve the hotel using existing taxi facilities.
The proposed hotel does not intend to accept coach parties however, there are coach parking bays close by in Tothill Street which could be used.
Long stay and short stay cycle parking is proposed and welcomed.
The closure of the eastern pedestrian entrance/exit (off Broadway) to St James’s Park Underground station will put more pedestrians on the footways around the building as they make their way to the north and south entrance/exit points. On the southern footway of the east-west section of Broadway this will reduce the Pedestrian Comfort Level (PCL) from level A to level B. The developer is therefore required to pay for a
Page 20 Item No. 1
footway widening scheme on Petty France and Broadway; all costs associated with this must be secured by S106 legal agreement.
WASTE PROJECT OFFICER
No objection to storage arrangements for waste and recyclable materials subject to condition.
ENVIRONMENTAL HEALTH
No objection subject to conditions controlling plant noise, the use of the external terrace areas and requiring the submission and approval of a supplementary acoustic report (mechanical plant and external terraces) and full details of the kitchen ventilation system.
TREE SECTION
No objection to amended planting strategy for 10th floor roof terraces (now includes smaller trees and shrubs) subject to a condition requiring the submission and approval of full details including soil volumes and composition, irrigation and maintenance.
GO GREEN PROGRAMME MANAGER
Any response received to be reported verbally by officers.
METROPOLITAN POLICE (DESIGNING OUT CRIME OFFICER)
Any response received to be reported verbally by officers.
ADJOINING OWNERS/OCCUPIERS AND OTHER REPRESENTATIONS RECEIVED
No. Consulted: 139 Total No. of replies: 14
No. of objections: 8 (four letters on behalf St Ermin’s Hotel, one from Queen Anne’s Gate Resident’s Association and six individuals) No. in support: 3
Objections raised on the following grounds:
Land Use
• Scale of hotel • Loss of existing ground floor retail/service uses • Loss of offices • Residential scheme technically implemented
Highways
• Servicing and deliveries • Increased traffic and vehicle movement • Impact on pedestrian environment around entrances to St James’s Park
Page 21 Item No. 1
Underground Station • Lack of dedicated hotel drop off area
Amenity
• Noise and disturbance from 10th floor roof terraces • Noise Assessment report - inadequate assessment of potential noise nuisance from 10th floor roof terraces
Design
• Awnings – harmful impact on historic building
Other
• Engagement with operators of adjacent St Ermin’s Hotel • Certainty of continued pedestrian access to St James’s Park Underground Station
PRESS ADVERTISEMENT / SITE NOTICE: Yes
6. BACKGROUND INFORMATION
6.1 The Application Site
The application site comprises 55 Broadway, 100 Petty France and Wing Over Station, collectively known as the ‘Broadway Complex’.
55 Broadway was built 1927-1929 to the designs of Charles Holden as the Headquarters of London Transport (now Transport for London). The building has a cruciform plan. The ground floor of the building is traversed by three publicly accessible arcades accessed from the street facing sides of the building (north, east and south) and consists of a number of small retail shops (sandwich bars, coffee shops, newsagents/convenience shops), the foyer entrance to Transport for London’s offices on the upper floors to which there is no public access and the ticket office to St James’s Park Underground station below. The building sits above St James’s Park Underground Station which has a concourse running east-west under the building.
100 Petty France is a six storey 1970s office building located directly adjacent to 55 Broadway to the west. This building was built for London Transport as an extension to their office premise in 55 Broadway and replaced Electric Railways House built in 1899 for the District Railway Company.
Wing Over Station (WOS) was built as an extension to Electric Railways House in 1922- 24, to designs by Sir Albert E Richardson in association with Charles Lovett Gill. WOS is utilitarian in appearance but was innovative for its time as an early example of rafting over transport infrastructure to provide accommodation above. The six-storey building is also occupied by TfL as offices.
Page 22 Item No. 1
55 Broadway is listed Grade l and is of exceptional architectural interest. It also presents a showcase of interwar British sculpture with ten avant-garde style sculptures carved into the Portland stone around the outside of the building by artists including Jacob Epstein, Eric Gill and Henry Moore. 100 Petty France is listed by virtue of connection to 55 Broadway but is not considered to be of any historic or architectural significance. WOS is also listed by virtue of attachment to 100 Petty France and 55 Broadway but is of little architectural significance.
55 Broadway and 100 Petty France are both located within the Broadway and Christchurch Gardens Conservation Area. WOS is located adjacent to the boundary of the conservation area. The buildings are all located within the Tier ll (2.8: Victoria Street) Archaeological Priority Area and within Flood Zone 3. The buildings are also all located with the Core Central Activities Zone (CAZ).
6.2 Recent Relevant History
Planning permission and listed building consent were granted on 27 April 2016 for the change of use of 55 Broadway on part first to thirteenth floors from offices to private residential (77 units) including extensions at tenth floor level; use of part first floor as B1 offices and reconfiguration of ground floor retail. Part demolition and redevelopment of 100 Petty France and Wing Over Station to provide affordable residential accommodation (35 units) and associated car parking (43 spaces) (14/10496/FULL and 14/10497/LBC).
S96a (NMA) and S19 LBC applications were submitted and subsequently approved on 25 May 2018 (18/04498/NMA and 18/14381/LBC) for amendments to the approved scheme to separate the LUL station operational areas i.e. LUL plant in the basement from the 'back of house' areas (bin stores, cycle parking etc) from the approved residential conversion scheme on the upper floors. Amendments were also approved at ground and first floor levels to areas such as the sub-station, switch room, compactor/bin store and associated stair cores to ensure that the LUL station long term operational requirements were maintained. The new/repositioned louvred openings and doorways (on the St Ermin's Hill elevations of the building) associated with the above internal re- arrangement of the substation, switch room and bin stores were also agreed as non- material amendments to the 27 April 2016 approved scheme
As TfL had not, at that stage, made a final decision on whether to fully implement the 2016 permission/consent or whether 55 Broadway would remain as one of their office hubs they wanted to carry out works sufficient to prevent the 27.4.16 permission/consent from expiring. The new/repositioned louvred openings and doorways on the south and west (St Ermin’s Hill) elevations of the building associated with the internal re- arrangement of the substation, switch room and bin stores were installed in order to achieve this.
The City Council subsequently issued a certificate of lawfulness on 25 March 2019 (19/00691/CLEUD) to confirm that the works carried out i.e. the removal of windows, lowering/demolition of window sills/risers and installation of louvres at rear ground floor level (St. Ermin's Hill) of the building constituted a material operation under S56 (4) of the Act and that the 27 April 2016 planning permission (and associated listed building consent) had been lawfully implemented within the three year time period i.e. before 27
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April 2019.
Whilst the planning permission for the residential conversion scheme has been lawfully implemented and confirmed by the certificate of lawfulness issued on 25 March 2019, given the building is still occupied and used by TfL as offices (and the residential use has not been built out or commenced) then the lawful use is still offices (Class B1), irrespective of the works carried out to keep the 2016 permission alive.
7. THE PROPOSAL
Planning and listed building consent applications have been submitted for internal and external alterations to the existing buildings to provide a high-quality 526-bedroom hotel with ancillary flexible retail, restaurant, bar, spa/leisure facilities on the ground floor, meeting room areas at first and seventh floors, a bar/event space with access to the rooftop terraces at tenth floor level and multi-purpose events spaces at eleventh to thirteenth floor levels, a servicing bay off St Ermin’s Hill, cycle parking and roof top plant.
8. DETAILED CONSIDERATIONS
8.1 Land Use
Summary Table of existing and proposed land use areas
Existing GIA (sqm) Proposed GIA Change +/- (sqm) Office (Class B1) 22,921 0 -22,921 Retail (Class A1) 576 0 -576 Hotel (Class C1) 22,663 +22,663 Ancillary flexible 579 +579 retail, spa/leisure, restaurant, bar use Total 23,497 23,242 -255
Loss of office use
The application site is comprised of three buildings which have been occupied by TfL as offices (Class B1) since they were first constructed. The buildings are located within the Core Central Activities Zone where office uses are protected under City Plan Policy S20 unless replaced by another commercial, employment generating use. The provision of a new hotel (a commercial, employment generating use) would therefore be in accordance with the policy.
Loss of retail use
The City Plan Policy S21 protects retail uses throughout the borough. The ground floor of 55 Broadway is currently occupied by an arcade of small retail units – sandwich bars, coffee shops, newsagents, dry cleaners and other local convenience shops. However, because of the inward facing nature of the arcade, these shops contribute little to the vitality of the ground floor street frontage of the building or the character and function of the surrounding area.
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The proposal would result in the loss of the existing 576sqm of retail space. This would be replaced with 579sqm of flexible hotel/retail/spa/restaurant/bar space arranged as six units, four either side of the reconfigured south arcade and two either side of the new secondary hotel entrance in Petty France (in addition to the two hotel restaurant/bar spaces either side of the main hotel entrance from Broadway); the ground floor windows would be opened up to form shopfronts creating a more active frontage. Subject to a condition to ensure that these six units are only used for flexible retail, spa/leisure, restaurant or bar use so that they are not subsumed into the hotel as back of house or event space and remain open to non-hotel guests, the new flexible ground floor uses are considered an acceptable replacement for the existing retail use.
Proposed Hotel
UDP Policy TACE2 states that within the CAZ, in streets which do not have a predominantly residential character, planning permission will be granted for new hotels and extensions to existing hotels where no adverse environmental and traffic effects would be generated, and adequate on-site facilities are incorporated within developments proposing significant amounts of new visitor accommodation, including spaces for setting down and picking up of visitors by coaches and for taxis serving the hotel.
Policy S23 of the City Plan also states that new hotels will be directed to specific areas, including the Core Central Activities Zone, to those streets that do not have a predominantly residential character and that proposals to improve the quality and range of hotels will be encouraged.
Although there are a significant number of residential properties in the surrounding area, notably in Queen Anne’s Gate and Old Queen Street to the north-east of the application site, the area is not predominantly residential. The main hotel entrance would front onto Broadway and Tothill Street which are characterised by commercial buildings and the secondary hotel entrance on Petty France would be directly opposite the Ministry of Justice. In such a location, the principle of a hotel use is therefore considered acceptable in policy terms.
It is nonetheless acknowledged that given the hotel would include publicly accessible restaurants, bars, event spaces, meeting room/conference suite and spa facilities, neighbouring residential amenity will need to be safeguarded. The proposed meeting room and conference suite facilities at first and seventh floor levels will be available to both hotel guests and visitors, with bookings managed by the hotel; the first floor meeting rooms would be open to non-hotel guests 06.00 to 00.00 and the seventh floor until meeting rooms/event space until 00.00. At tenth to thirteenth floor levels, multi-level flexible events spaces (for events such as private dining, exhibitions and gallery space between 07.00 until 00.00 hours) are to be created. The hotel ground floor restaurants and bars would be publicly accessible from Broadway and open to non-hotel guests until 23.00 hours.
It is proposed that the operation and management of the hotel and the various associated restaurant, bar, event spaces and spa facilities are controlled via an agreed Operational Management Plan (OMP) to ensure that the amenity of neighbouring
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residents and businesses and the quality of the surrounding environment is adequately safeguarded especially when visitors leave the premises at the end of an event. The applicants have submitted an OMP; however, it is recommended that a final version is secured by S106 legal agreement.
Retail, Restaurant and Leisure Facilities
The proposal development includes dedicated areas for retail, restaurant, bar and spa/leisure use at ground floor level and a bar/event space with external roof terraces at tenth floor level. All of these elements will be ancillary to the hotel and open to the general public as well as to hotel guests.
City Council policies encourage the provision of retail use (UDP policy SS4, City Plan Policy S6) and the retail proposals are therefore welcome. Policies SOC1 of the UDP and S34 of the City Plan support the introduction of new social and community uses, whether they are public or private, including leisure uses.
City Plan Policy S24 and UDP Policies TACE 8-10 deal with entertainment uses (including the restaurants, bar and in this case spa/leisure use). The TACE policies are on a sliding scale whereby developments where TACE 8 is applicable would be generally permissible and where TACE10 (gross floorspace exceeds 500sqm) is applicable, only in exceptional circumstances. City Plan Policy S24 requires proposals for new entertainment uses to demonstrate that they are appropriate in terms of type and size of use, scale of activity, relationship to any existing concentrations of entertainment uses and any cumulative impacts, and that they do not adversely impact on residential amenity, health and safety, local environmental quality and the character and function of the area. The policy states that new large-scale late-night entertainment uses of over 500 sqm will not generally be appropriate within Westminster.
The policies aim to control the location, size and activities of entertainment uses in order to safeguard residential amenity, local environmental quality and the established character and function of the various parts of the City, while acknowledging that they provide important services in the City and contribute to its role as an entertainment centre of national and international importance.
Entertainment uses are a characteristic activity of major hotels and are usually open to the general public. This applies whether they are fully ancillary to the hotel or run alongside the hotel by another operator. The current proposals would provide the opportunity to open up an important building to the wider public, offer a mix of uses to enliven the street frontages and provide facilities that both the local community and visitors would be able to enjoy. It is currently proposed that the restaurants and bars including the tenth floor external roof terraces would open from 07.00 to 23.00 daily for non-hotel guests, the event space at eleventh to thirteenth floors from 07.00 to 00.00 and the spa from 07.00 until 22.30.
Objections have been received from the Queen Anne’s Gate Residents Association and individual residents in Queen Anne’s Gate and Old Queen Street on the grounds that the use of the tenth floor external roof terraces are likely to cause noise and disturbance for local residents; they have also expressed concern about the accuracy of the noise assessment report in this regard.
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Environmental Health have commented that the submitted noise assessment report does not take into account peak noise events such as shouting and whether or not events will be held with amplified music and request that a supplementary acoustic assessment which addresses these issues in more detail is undertaken. It is, accordingly recommended that a supplementary acoustic report is secured by condition and that if any additional attenuation measures are required (additional structures or planting) that these are submitted for approval before the use of the terraces commences.
Environmental Health also request that conditions are attached to restrict the late night use of the roof terraces and to control the maximum number of people that could occupy the roof terrace spaces at any one time. The applicant is currently seeking permission to use the tenth floor roof terraces until 23.00 daily, with a maximum number of 190 people at any one time and no amplified music. Late night use of the roof terraces for events attended by large numbers of people can cause noise and disturbance for local residents; it is therefore recommended that conditions are imposed to restrict the use of the roof terraces to no later than 22.00 hours, to no more than 190 people at any one time, to prohibit the use of amplified and recorded music and to prohibit any form of food cooking on the roof terraces. Subject to appropriate opening hours conditions to safeguard the amenity of residents and the submission of an amended Hotel Operational Management Plan to ensure the various restaurant, bar and event spaces are properly run to minimise their environmental impact, it is considered that the entertainment uses are acceptable.
However, it is considered to be equally important to ensure that the retail, restaurant and bar uses are maintained as publicly accessible and to ensure that the benefits of the scheme promoted by the applicant are permanently maintained. As the applicant is seeking flexible use of these areas as hotel use (Class C1) these is a potential risk that they might become part of the hotel (additional bedrooms, function rooms or back of house space) and therefore a condition will require that these uses on the ground and tenth floors are permanently maintained as being accessible to the general public who are not staying at the hotel.
8.2 Townscape and Design
The Existing Building
The Broadway Complex comprises three elements: 55 Broadway which was built to designs by Charles Holden in 1929 and is a grade I listed building; the ‘Wing Over Station’ was built in 1922-24 to designs by Sir Albert Richardson; and 100 Petty France was added in the 1970s. The latter two elements are internally linked to 55 Broadway and were so at the time of its original listing in 1970 (a revised listing upgraded the building to grade I in 2011) and as such are regarded as curtilage listed elements associated with main listed element – which is Holden’s 1929 building. Most of the site also lies within the Broadway and Christchurch Gardens Conservation Area with the exception of the Wing Over Station (WOS).
55 Broadway forms part of the history of the Underground Electric Railways Company of London Ltd (UERL) who operated many of the earliest underground railway lines including the District Line, the Bakerloo Line, the Northern Line and the Piccadilly Line.
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The company’s offices were at 100 Petty France and by the 1920s were no longer adequate for the expanding company. The Wing Over Station (WOS) was built in 1922-4 and the architect of this, Albert Richardson, was tasked with designing a grand new headquarters building and to incorporate a remodelled St James’s Park Station. However, the neo-classical design that emerged was rejected and in 1925 the practice of Adams, Holden and Pearson were appointed, championed by the UERL’s Vice Chairman and Chief Executive Frank Pick.
The site of the new HQ is an irregularly shaped one located at the junction of Petty France and Broadway, as well as the junction between Broadway and St Ermin’s Hill. None of these junctions are right angles and this produces a partial rhomboid-shaped site plan. In resolving the ground floor layout for the new building Holden generated a planform and axis for the building which would rise above it. A cruciform ground plan was formed with three main entry points (two at the two road junctions and one on Petty France) and was arranged to address desire lines through the base of the building, as well as providing access to the station and to the offices above.
The building that rises above, extrudes the cruciform plan of the base, with the upper floors stepping back and the building terminating in a stepped central tower. When completed in 1929, 55 Broadway was the tallest building in London at 174ft (53m). Built in an Art Deco style with clean sculptural lines it is principally faced in Portland stone, with polished Norwegian granite to the ground floor base. Of particular significance are the series of relief sculptures which adorn the building, those at the base: ‘Night’ and ‘Day’ are by Jacob Epstein; while the eight at sixth floor level depicting the Four Winds are by Henry Moore, Eric Gill, Eric Aumonier, Samuel Rabinovitch, Alfred Horace Gerrard and Allan G Wyon.
The building was constructed with a steel frame embedded in a reinforced concrete system known as Truscon. The Portland stone cladding was punctuated by a regular arrangement of multi-pane steel framed windows and at the base, two storey infills between the main axial wings provided a building edge to the perimeter of the site. Where the wings step back to the central tower above ninth floor level, open landscaped terraces were created to the tenth floor.
Internally the base of the building is of particular significance both for its plan form but also for its detailing and finishes. The two internal arcades formed by the cruciform plan were lined with shop and office units and were finished in travertine marble. At the crossing point, in the centre of the plan was the foyer for the offices above, with four lifts to one side and a staircase diagonally opposite. The plan form then delivered a regular office arrangement above, with a central core and lobby area, which also housed toilets and services, with the office floor plates arranged in the projecting wings. This layout was regarded as adopting an American style and was certainly democratic, providing well-lit office space throughout and a communal and central circulation route.
The layout of the office floors was typically designed to be flexible with an open plan arrangement, capable of being subdivided using demountable metal partitions. The exception to this arrangement was the management suite of the seventh floor and the south wing of the sixth floor. In the case of the latter there was a more permanent arrangement of cellular offices opening off a central corridor.
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The seventh floor management suite featured a series of offices either side of a walnut- panelled corridor. At the end of this corridor was the office of Lord Ashfield, who was the Chairman of UERL and this room is a generous double height space on an octagonal plan (formed in part by the chamfered corners of the wings). It featured a geometric pattern plaster ceiling, elaborate cornicing, bronzed-patterned window lights and originally two elegant chimneypieces (since removed).
The building largely remains as Holden designed it in 1929, although some alterations of note have occurred. Bomb damage occurred to the west wing mainly at fifth and sixth floor levels, with the repair work still evident within the staircase. Shortly after the war the east entrance (facing Broadway) was closed off and the arcade used as a staff library. Then in the late 1980s, associated with improvements to security to London Transport’s offices (as UERL had become) the central ground floor reception foyer was blocked to pedestrians with the installation of timber and bronze doors, with a central reception desk in travertine. To maintain pedestrian circulation through the base of the building, new diagonal arcades were created causing the removal of two shops in the original northern arcade; and an office in the original eastern arcade. The east entrance was re- opened as an arcade and the library relocated to one of the upper floors. These 1980s works were undertaken to designs by Manser & Associates and they faithfully complemented Holden’s original design, with the new diagonal arcades, again lined in travertine, and design features such as new lighting and new lift cars all sought to tie in seamlessly with the original style of the interior.
100 Petty France and the Wing Over Station (WOS) are the associated curtilage buildings. The former faces onto Petty France and is a simply detailed 1970s building which comprises ground plus four upper storeys. The base of the building presents a restrained series of window openings and provides little interaction with the street. There is a set-back fifth floor not readily visible from street level. The WOS is aligned over the underground station and platforms and is largely hidden from street views. It is a six- storey structure, again simply detailed and faced in brick. A part of this wing can be glimpsed in street views from Palmer Street. Various items of plant are located on the roof of this wing.
The Broadway and Christchurch Gardens Conservation Area
This is a small conservation area straddling Victoria Street, extending as far south as Great Peter Street and as far north as Queen Anne’s Gate. While it is an area first developed in the late 16th and early 17th century, it has undergone considerable change overtime, most notably in the 20th century, particularly the driving of Victoria Street through the earlier historic street pattern. The conservation area audit has identified three character areas within the conservation area; the part to the north within which 55 Broadway lies, is referred to as ‘Broadway and Streets to the North’. This is an area of wider streets and larger building plots mainly with larger buildings of the 20th century and often in Portland stone. There are some Victorian buildings in this part of the conservation area, including Caxton Hall from 1882 (grade II listed) and St Ermin’s Hotel from 1889 (also grade II). The buildings predominantly feature retail activities at ground floor, with the upper floors typically in commercial use. There are also two large hotels in this area: St Ermin’s and The Conrad on Broadway.
55 Broadway, by virtue of its architecture, height and location represents a landmark
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building within the conservation area and is very much a focal point of activity, primarily because of the underground station at its base but also the retail units within the arcades.
The Significance of 55 Broadway
The exterior of 55 Broadway possesses very high significance in terms of its architectural interest and artistic interest. Its clearly expressed form in a simplified Art Deco style, utilising high quality materials, is a highly accomplished handling of scale, mass and detailing. The embellishment of the relief sculptures by the foremost avant- garde British sculptors of the inter-war period, produces a highly significant example of the integrated melding of art and architecture.
Elements of the interior also make a major contribution to the significance of the listed building, notably the original cruciform circulation plan, particularly at ground floor level and in the central lobbies of the upper floors, where it is allied to high quality materials and detailing. The 1980s modifications to the ground plan, while diverting Holden’s originally conceived desire lines, were nonetheless carried out to a high standard and compliment the original design concept and thus while of a lower level of significance are by no means detrimental.
The typical upper floor office ranges were utilitarian but of good quality, with timber floors, shallow covings to the ceilings and stylish light fittings. These spaces have been altered with suspended ceilings added and floor coverings introduced and while elements of original fabric and original metal partitions survive, these floor levels make a lesser contribution to the significance of the listed building.
The exceptions to the upper floors are the sixth floor panelled rooms of the south wing and more so the management suite of the seventh floor, where the interiors were elevated to a more bespoke design and higher specification, reflecting the occupiers of these floors and a diversion from the typically democratic design principles found elsewhere. These interiors are of greater significance both in terms of architectural interest, but also reflecting the history of the building.
In addition to the physical architecture and aesthetic design components, 55 Broadway is also significant as an example of the work of Charles Holden, one of the premier architects of the first half of the twentieth century and a name synonymous with some of the finest buildings associated with the London Underground from the 1920s and 30s.
With respect to the curtilage buildings, 100 Petty France was built in the 1970s and while in its facing materials it complements Holden’s building and neighbouring buildings in Petty France, it is of limited architectural or historic interest both externally and internally and makes a very minimal contribution to the significance of the listed building. Similarly, the 1920s Wing Over Station, while attributed to Sir Albert Richardson, a leading twentieth century architect, is a relatively utilitarian element, which makes a limited contribution to the overall significance of the listed building.
The Significance of the Conservation Area
While an area of mixed character, the Broadway and Christchurch Gardens
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Conservation Area is nevertheless a place of considerable architectural and historic interest. There are fine buildings, many of them listed, which range in date from the early 18th century through to the 21st century and they serve a variety of uses. These uses have themselves varied overtime, with a number of buildings providing differing functions throughout the course of their history. In many respects the conservation area in its buildings and history represents in microcosm the evolutionary tale of central London. It has changed quite substantially from its earliest development phase of the 16th century but has left traces of its history in the road layout and the buildings.
55 Broadway, very much typifies and contributes positively to the character and appearance of the conservation area, in that it is both a highly significant inter-war building, in terms of its construction, size and architecture, but it is also a key component in the history of the area, the development of London Transport and specifically the underground network.
The Legislative and Policy Framework
The key legislative requirements in respect to designated heritage assets are as follows: Section 16 of the Planning (Listed Buildings and Conservation Areas) Act 1990 requires that “In considering whether to grant listed building consent for any works the local planning authority or the Secretary of State shall have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses.”
Section 66 of the same Act requires that “In considering whether to grant planning permission for development which affects a listed building or its setting, the local planning authority or, as the case may be, the Secretary of State shall have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses.”
Section 72 of the same Act requires that “In the exercise, with respect to any buildings or other land in a conservation area…special attention shall be paid to the desirability of preserving or enhancing the character or appearance of that area.” Local development plan policies of primary relevance to this proposal are S25 (Heritage) and S28 (Design) of the City Plan; and DES 1 (Principles of urban design and conservation), DES 5 (Alterations and Extensions), DES 6 (Roof level alterations and extensions), DES 9 (Conservation areas) and DES 10 (Listed buildings).
Furthermore Chapters 12 and 16 of the NPPF require great weight be placed on design quality and the preservation of designated heritage assets including their setting. Chapter 16 of the NPPF clarifies that harmful proposals should only be approved where the harm caused would be clearly outweighed by the public benefits of the scheme, taking into account the statutory duty to have special regard or pay special attention, as relevant. This should also take into account the relative significance of the affected asset and the severity of the harm caused.
The Proposals
The proposed hotel use introduces a series of changes and alterations to the building. One of the key areas of change will occur at ground floor level, where several of the
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1980s alterations will be reversed. Notable amongst these will be the re-instatement of the north-south pedestrian route through the building, associated with access to St James’s Park Underground Station, but also a key component of Holden’s cruciform plan and desire line through the building. The main hotel entrance is to be the eastern entrance, originally designed as the main office entrance. Because of the re-instatement of the north-south arcade, this severs the hotel entrance area, from the main lift core and this leads to several consequential changes to enable hotel functionality and accessibility.
Three additional lifts are introduced within the new hotel entrance side of the plan, one of which will take hotel visitors up to the first floor, a main reception area and transfer point across to the main lift core. Two of these new lifts will primarily serve as back-of-house service lifts and one will also be an express lift to the 10th and 12th floors. These new lifts will be near the centre of the plan and to the upper floors will run through a part of the building currently containing toilets for the office floors, which are areas of low significance.
The 1980s diverted arcade routes will be removed and much of the ground floor on either side of the hotel entrance will function as a hotel bar and restaurant. Some retail units will be reprovided, and these will be associated with the north-south pedestrian arcade. The original secondary entry points in the lower, two storey, street facing ranges, demarcated by Epstein’s ‘Night’ and ‘Day’ will be separate entry points into the bar and restaurant. The effect of these changes will be to introduce considerable activation to the street-facing ground floor of the building. Currently, because the retail units face towards and are accessed from the internal arcade, they turn their back on the street, with back-painted or vinyl application to the glazing, deadening the façade. The east-west circulation route will still be clearly defined internally with a double height entrance volume leading via the columned and screened former arcade through to the main staircase and the new lifts. There will be a degree of open plan introduced as the shop units are removed so that the bar and restaurant can be accessed directly from the columned axial route. A secondary hotel reception entrance will be introduced into 100 Petty France and to both sides of the entrance it is proposed to introduce retail units. The Wing Over Station will feature hotel rooms at ground level.
One of the main alterations takes place at first floor, where the triangular lightwells (between the main cruciform building and the infill two storey wings) are infilled at this level. The new floor area created will be accessed through existing window openings and the proposals maintain the walls of the lightwell and all current window openings. At present the lightwells feature lantern lights which provide natural light down into the ground floor and this proposal will remove these and introduce new lantern lights above the infills. The remainder of the first floor of the main building will serve as meeting rooms and breakout/event space. The first floor and above of 100 Petty France and all of the WOS will be subdivided into hotel rooms, typically with access off a central corridor.
The sixth floor panelled meeting rooms are to be used as hotel bedrooms and this will involve the introduction of ensuite bathrooms and associated services. The proposal seeks to retain most of the panelling in situ, with minimal fixings to it. The ensuites will involve partitioning of these rooms and the proposal is to clad the room-facing side of these partition in matching panelling, or repositioned original panelling, to provide a consistent appearance.
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The seventh floor, former management suite within the longer eastern wing, with panelled corridor and double-height Lord Ashfield’s office are to be retained and used as meetings rooms, with minimal changes proposed. There will be the need to take risers through this wing and it is proposed that these are routed to the room side, avoiding the walnut-panelled corridor.
Within the central tower element between tenth and thirteenth floor the proposal is to create a multi-functional event space. At tenth floor there would be access to the large rooftop terraces, which would feature new landscaping and be used as flexible event spaces.
Common internal alterations will include the subdivision of most of the floors into hotel bedrooms, the introduction of secondary glazing to the retained metal windows, the introduction of new services throughout, including a full height kitchen extract duct and the upgrading of the main staircase to ensure better compliance with building regulations.
Other external changes include: introducing louvred areas in place of ground floor windows to ventilate plant (within St Ermin’s Hill façade); modifications to some windows to improve access to terraces, replace balustrades with glazed balustrades; introduction of fabric awnings to the ground floor windows; replacement of rooflights to Wing Over Station; removal of some 10th floor chimney stacks; removal of plant on lower roofs of 55 Broadway and re-location to roof of Wing Over Station and 100 Petty France; removal of access bridges between 55 Broadway and 100 Petty France; removal of metal escape stair from 11th floor plant room.
Impact upon Significance
Individually the various elements of the proposal will have a range of impacts upon the significance of 55 Broadway, some of these will be harmful and others will be beneficial. The harmful elements of the scheme are, overall, generally minor and in the terms of the NPPF would amount to less than substantial harm and within the parameters of this term, at the lower end of the spectrum.
The items which do constitute harm to the listed building include removal of some of the tenth floor chimney stacks; subdivision of the sixth floor panelled meeting rooms; infilling at first floor level of the main lightwells; modifications associated with the new lifts; removal of much of the ground floor 1980s Manser work; opening up of the sides of the east-west ground floor axial route to create a more open plan layout; and the modifications to the main staircase to accord with current building regulations requirements. Many of these changes are driven by the need to make the hotel use work in an effective fashion and in a number of cases the level of impact caused can be mitigated by design detail. For example, the alterations to the sixth floor panelled rooms can be done in such a way that the distinct character of these rooms is maintained and all the historic fabric of interest is retained. Similarly, in the case of the first floor infill extensions these are capable of being designed and detailed so as to ensure the original layout and character of these spaces remains legible. Thus a series of conditions are recommended to address these various elements of the scheme.
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Set against these items of harm the scheme also delivers many public benefits, including heritage benefits. Perhaps first and foremost of these is the proposed use, which complements the building and its layout, and allows a high level of public access. The restoration of the original cruciform routes through the base of the building, while it does reverse the Manser work, will also re-establish Holden’s original circulation routes, which are a key component of the original design. The public uses at ground floor level and the re-use of secondary entrances will also mean that the facades become far more activated and animated at ground floor level, enlivening the relationship of the building with the surrounding streets. For the most part the proposals seek to work with the original historic fabric and to celebrate it and this is also to be borne out in much of the new interior detailing, final details of which are to be conditioned.
The external alterations are relatively modest and perhaps the biggest change is the relocation of plant. In many cases the removed plant is currently attached to more significant parts of 55 Broadway, whereas the proposed re-located plant is to be sited on the roof of 100 Petty France and to a greater extent on the roof of the Wing Over Station. The proposed plant enclosure to the Wing Over Station is substantial and runs almost the entire length of the building, however, it will replace a roofscape which is cluttered with existing plant, rooftop structures and railings and currently has a very discordant appearance. The enclosure will tidy up the appearance and will also have only a very modest visual impact, being glimpsed in street-level views from Palmer Street. The new plant enclosure above 100 Petty France will be set well back from the roof edge and pulled away from 55 Broadway and as such is unlikely to have any visual impact. If it can be seen this will be in longer views from Queen Anne’s Gate and in this case the impact is not considered to be harmful.
Thus in terms of the impact of the proposals on the significance of designated heritage assets, while there are some items which compromise the building’s significance, the overall effect is considered to be beneficial and similarly there is considered to be no adverse impact upon the conservation area, indeed the overall effect is likely to result in an enhancement to the area.
Conclusions
The proposed hotel use is considered to be one which complements the design and character of the building and enables public access to a truly special historic building. The series of alterations have varying impacts, but the overall effect is well-considered and respectful to the character and historic fabric. The proposals would accord with the relevant City Council policies and any harm caused by the proposals is outweighed by the public benefits of the scheme. Subject to the suggested conditions the proposals are acceptable in design and heritage terms.
8.3 Residential Amenity
City Plan Policy S29 seeks to safeguard the amenity of existing residents. Policy ENV13 of the UDP seeks to protect and improve the residential environment.
Noise nuisance from roof terraces
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Residents of Queen Anne’s Gate and Old Queen Street have raised objections and concerns on the grounds of potential noise and disturbance from the tenth floor external roof terraces.
The issue of noise nuisance from the tenth floor roof terraces, which the applicant is proposing to use in conjunction with the bar/event space at tenth floor level from 07.00 to 23.00 daily for up to a maximum of 190 people at any one time, is discussed in Section 8.1 above. Given the concerns expressed by residents, it is considered appropriate to recommend (in addition to our normal condition prohibiting the installation of pergolas, privacy screens, furniture etc), conditions restricting the use of the roof terraces to no later than 22.00 hours, for no more than 190 people at any one time and to prohibit any form of outdoor cooking and amplified music. In addition, Environmental Health have requested a supplementary acoustic report be undertaken to assess the relative change in noise levels between existing ambient noise level and future ambient noise level and whether additional attenuation measures (in the form of physical structures or planting) will need to be incorporated into the design. These conditions and an Operational Management Plan (OMP) which is to be secured through S106 legal obligation will ensure the appropriate management of the use of these external areas and mitigate any nuisance to residents.
Noise
UDP policies ENV6 and ENV7 deal with the subject of noise and vibration both from new uses, internal activity and the operation of plant, and seek to protect occupants of adjoining noise sensitive properties. The policies require the potential for any disturbance to be ameliorated through operational controls and/or attenuation measures. Policy S32 of the City Plan requires disturbance from noise and vibration to be contained
All existing external plant on the buildings is to be removed and replaced with new plant consolidated into acoustic louvred enclosures on the roof of 100 Petty France and Wing Over Station (WOS). As there are no plant specifications in the applicant’s acoustic report, Environmental Health require a supplementary acoustic report to be submitted for approval once the plant has been selected; this will be secured by condition. Environmental Health are satisfied that subject to this, the mechanical plant, can be controlled and/or mitigated by condition.
Due to the presence of underground train lines below the site, the applicant commissioned a vibration and re-radiated noise survey in order to assess the impact of the underground rail activities on the proposed development – vibration noise from the underground train lines below is transferred through the steel structure of the building. Several floors in the East and North wings were found to experience significantly higher levels of noise than the 35bB level considered to be acceptable and so hotel bedrooms within these parts of the building are to be acoustically separated from the main structure of the building using a box-in-box construction method (bedroom partitions will be formed of two layers of plasterboard either side of a metal stud).
Odour
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The kitchen extract for the restaurant kitchen (in the basement) has been designed to extract at roof level on the 14th floor. Full details of the restaurant kitchen ventilation arrangements are to be secured by condition, as requested by Environmental Health.
Air Quality
Westminster is a designated Air Quality Management Area (AQMA) for nitrogen dioxide and particulates. Policy S31 of the City Plan seeks to reduce air pollution with the aims of meeting the objectives for pollutants set out in the national strategy. Similarly, Policy 7.14 (B) of the London Plan (2016) requires that development proposals should minimise increased exposure to existing poor air quality and make provision to address local air quality problems, promote sustainable design and construction to reduce emissions from the demolition and construction of buildings, be at least ‘air quality neutral’ not lead to further deterioration of existing poor air quality and ensure that provision for reducing emissions from the development is made on-site.
The Air Quality assessment and addendum report submitted with the application considers the impact of potential dust generation during the construction period, the suitability of the site for the proposed uses and the potential impact of traffic and energy- related emissions associated with the proposed development once operational. The Air Quality assessment concludes that the development is air quality neutral in terms of its on-going operational impact (GLA benchmarking assessment methodology).
8.4 Transportation/Parking
Servicing
UDP policy TRANS 20 requires new development to accommodate servicing arrangements off-street. In this case a dedicated servicing bay is proposed within the building accessed off St Ermin’s Hill. The servicing bay will be capable of accommodating 3.5 and 7.5 tonne vehicles, with these vehicles able to enter and exit the site in a forward gear via the use of a turntable. The creation of a dedicated off-street servicing bay is in accordance with London Plan and Westminster UDP policies and is welcomed by both TfL (as the Traffic Authority) and by the WCC Highways Planning Manager.
Objections have been received on behalf of St Ermin’s hotel, which is currently serviced from the street on St Ermin’s Hill. A survey provided by St Ermin’s hotel noted that they had fourteen deliveries each day which took a total of 3.5 hours – with larger servicing vehicles potentially blocking the street. Whilst the St Ermin’s hotel’s objections and comments about turning manoeuvres etc are acknowledged, St Ermin’s Hill is not the hotel’s private road, it is public highway.
The applicant is keen to review opportunities for consolidating deliveries including waste collection and linen and beverage deliveries with St Ermin’s hotel in order to further reduce vehicles using St Ermin’s Hill and has been seeking agreement and cooperation to that effect. The applicant has also reviewed their proposed servicing strategy and reduced the size of vehicles to be used so that they will not conflict with St Ermin’s hotel larger servicing vehicles. Further swept path analysis, provided by the applicant, demonstrate that smaller light van vehicles can enter and exit past the larger vehicles
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servicing St Ermin’s hotel. Thus, whilst the applicant is still committed to seeking further discussion with St Ermin’s hotel, the revised servicing strategy demonstrates that cooperation between the two hotels is not essential. A final version of the Delivery and Servicing Management Plan to be submitted and approved in consultation with TfL (as the Traffic Authority) is to be secured by condition.
Changes will be required to the current loading and parking restrictions on St Ermin’s Hill to allow access for both hotels i.e. a single yellow line kerb space will be retained to allow continued servicing access for St Ermin’s hotel whilst also allowing access to the servicing bay in 55 Broadway. These changes, in addition to the Delivery and Servicing Management Plan, will allow the City Council as Highway Authority, to enforce efficient and coordinated use of St Ermin’s Hill, ensuring access is maintained to both sites. The cost of carrying out these changes to the loading and parking restrictions will be borne by the applicant and secured by S106 legal agreement.
Storage for Waste and Recyclables
The current arrangement is for a WCC refuse truck to reverse to a collection point on St. Ermin’s Hill and for refuse bins to be wheeled to the truck. The adjacent St. Ermin’s Hotel also have their refuse collection from St Ermin’s Hill.
The appointed waste contractor will still be required to reverse into St Ermin’s Hill but waste will be collected directly from a new ground floor holding area (on St Ermin’s Hill). Interim waste and recyclable storage will be provided within the operational areas of the hotel, restaurants, bars and shops and then transferred, by site management, to the central waste collection point on waste collection day. Site waste management and waste servicing has been amended in response to advice from the Council’s Projects Officer (Waste) and is detailed in the Delivery and Servicing Plan, the final version of which is to be secured by condition - for submission and approval. The applicant is also looking to coordinate waste collection with St Ermin’s hotel, and has engaged with the existing waste management provider to St Ermin’s hotel, in order to minimise disruption and any increase in traffic.
Trip Generation
The submitted Transport Assessment uses established modelling techniques to estimate the trip generation of the existing office buildings and retail arcade. This analysis estimates 502 two-way person trips across the AM peak and 343 two-way person trips across the PM peak. The majority of people arriving by public transport (approximately 90%).
The Transport Assessment has also modelled the likely trip generation of the proposed hotel and ancillary uses. The modelling has been supplemented by survey data from the Conrad Hotel (a five* 271 bedroom hotel on Broadway). The analysis estimates 383 two- way person trips during the AM peak and 321 person trips during the PM peak; a notable reduction in person trips particularly across the AM peak hours, with varying changes across each travel mode. The greatest reductions in peak hour trips are forecast by underground and train.
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The analysis estimates that the proposed hotel use is expected to generate 42 taxi person trips in the AM peak hour and 35 taxi person trips in the PM peak hours. This is the number of people that are expected to travel by taxi in each hour, and not the number of actual vehicles. To calculate the number of taxi vehicles that will arrive and depart from the hotel, consideration is given to the occupancy of each vehicle. Taxi movement surveys at the Sanderson and Grange City Hotels recorded an average taxi occupancy of between 1.3 and 1.5 people per taxi. Using the lower taxi occupancy figure of 1.3 people per taxi, it is estimated that taxi movements associated with the hotel use would amount to 32 taxis during the AM peak hour and 27 taxis during the PM peak hour which is not unusual for a development of this type. This is also a robust estimate as some of the taxis that drop off passengers are then likely to join the taxi rank opposite on Petty France to pick up other passengers, thus the actual number of taxis attending the hotel would be less in reality. The existing on-street taxi rank and kerbside space in close proximity of the main hotel entrance (for use by taxis for drop-off and pick-up) is therefore considered sufficient to accommodate the forecast demand associated with the proposed new hotel without the need for any changes to the existing on-street restrictions.
Coaches
UDP policies TRANS6 and TRANS22 require hotels to provide for coach arrivals and departures. The applicant has confirmed that they do not intend to accept hotel bookings from coach parties (guests arriving by coach) and this will be secured by condition. Notwithstanding this, there are coach parking bays nearby in Tothill Street which could accommodate coach parking demand from the hotel if required.
Car parking
UDP policy TRANS 22 concerns non-residential parking and states that car parking facilities will not normally permitted for hotels. There is no car parking and not blue badge car parking provided on site. Public disabled parking bays are provided nearby on street within the vicinity of the site.
Cycle Parking
Cycle parking, 27 long stay cycle spaces and 11 short stay spaces, is provided at basement level accessible via stairs and lift in accordance with London Plan standards. Shower and changing facilities are to be provided for staff who travel to the site by bike and is also welcomed.
Closure of east entrance/exit to St James’s Park Underground Station
The existing eastern pedestrian access into 55 Broadway is to become the main hotel- only entrance which means it will no longer be possible for pedestrians to gain access to St James’s Park Underground station via the eastern access from Broadway. Pedestrian access at the north (Broadway/Petty France) and south (St Ermin’s Hill) of the site will remain unchanged. The removal of the existing TfL office reception at the centre of the building and the circuitous pedestrian route around it, however, will allow the two entrances to be centrally reconnected, as per the original Holden vision for the building. The provision of a direct legible north-south pedestrian route will improve the
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permeability through the site and wider area allowing a more direct route for pedestrians. The north-south pedestrian route through the new arcade would be open from 05.30 until 22.00 daily, as it is now. The existing western access into St James’s Park Underground station from Palmer Street will be retained unchanged. The application is supported by a letter from TfL (Commercial Development) which confirms that they are ‘content that the Tube Station could operate satisfactorily with just the northern ticket hall entrance’ however they also acknowledge and welcome the public benefit of reintroducing direct access and egress from the southern entrance as part of the current proposal. The demise retained by TfL for operational purposes, sufficiently provides the future potential for ‘step free access’ to both platforms.
UDP policy TRANS3(A) states that the City Council, in considering development proposals will aim to secure an improved pedestrian environment for pedestrians, with particular regard to their safety, ease, convenience and directness of movement. The closure of the eastern entrance/exit to the into the Underground station will result in more pedestrians on the footways around the building, as they make their way to and from the other station entry points. The Pedestrian Comfort Level (PCL) on the southern footway of the east-west section of Broadway is reduced from PCL A to PCL B as a result. The Highways Planning Manager has therefore requested that the applicants pay for a footway widening scheme to ensure that PCL A is retained on the footway on Broadway. The cost of this would be borne by the applicant and secured by S106 legal agreement.
8.5 Economic Considerations
The economic benefits associated with the conversion and re-use of this Grade l listed building to provide new hotel accommodation are welcomed. Construction of the proposed hotel is expected to support an average of 370 workers on site over the two year construction period and, once operational, the hotel is expected to support approximately 455 jobs directly on site (equivalent to 385 FTEs) and an estimated 870 net additional jobs across London (equivalent to 730 FTEs). The applicant has offered to enter into an Employment and Training Strategy for the construction phase and operational phase of the proposed development; this will be secured by S106 legal agreement.
8.6 Accessibility
Given the Grade l listed status of the building, level access to and within the site cannot be as comprehensive as in a completely new development, but improvements will be achieved compared to the existing situation.
Currently, the only step-free access into the building is the northern entrance into St James’s Park Underground station, this will remain. The main hotel entrance off Broadway to the east is a stepped entrance and will remain so; the south entrance also has steps will also remain so. The new secondary hotel entrance on Petty France will be step-free. From the ground floor, hotel guests and visitors will be directed to the lifts, up to the main first floor, hotel reception area. The existing bank of four lifts serve levels ground to ten; an additional express lift will serve floors ten to thirteen and a separate platform lift will serve floors thirteen to fourteen. Corridors will be a minimum of 1500mm with 1800mm x 1800mm passing spaces. 10% of the total number of bedroom units will
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be designed to be wheelchair-accessible in line with the London Plan 2016, Policy 4.5 B (a). All accessible rooms are accessed via step-free routes.
8.7 Other UDP/Westminster Policy Considerations
Flood Risk
The site lies within the Flood Risk Zone 3 area and a flood risk assessment has been submitted with the application to assess the proposals and suggest appropriate mitigation measures. The site is protected to a very high standard by the Thames Tidal defences but there would be a residual risk of flooding should these ever be breached or overtopped. There are no bedrooms proposed below the modelled tidal breach flood level and, in the event of fluvial flooding, there is safe refuge within the building at first floor level and above. The proposed development is considered to be at low risk of flooding from surface water, ground water, sewers and artificial bodies of water.
The application is accompanied by a site specific Drainage Strategy and a Sustainable Urban Drainage Systems (SuDS) report. As no additional impenetrable areas are being added to the buildings, the drainage discharge rates will remain unchanged and, given the significant heritage and LUL constraints, no SuDS features (underground attenuation tanks and blue roofs) are proposed.
Roof Terrace Planting and Landscaping
Planting, in moveable metal planters, is proposed on the four tenth floor roof terraces. The indicative planting schemes are themed around the four winds sculptures on the façade of each wing: North – Scandinavian, South – South Australasian palm forest, East – Japanese and West – North American. The planting strategy has been amended, in response to comments from the Arboricultural Officer, to include smaller trees and shrubs which are considered to be more realistic given the size of planter and soil volumes proposed. Full details of the roof terrace landscaping, including construction method, layout, soil volumes and soil composition, irrigation, plant species and maintenance regime are to be secured by condition.
Sustainability
Policy S28 of the City Plan requires developments to incorporate exemplary standards of sustainable and inclusive urban design and architecture. Policy S40 considers renewable energy and states that all major development throughout Westminster should maximise on-site renewable energy generation to achieve at least 20% reduction of carbon dioxide emissions, and where feasible, towards zero carbon emissions, except where the Council considers that it is not appropriate or practicable due to the local historic environment, air quality and/or site constraints. The NPPF establishes a presumption in favour of sustainable development. London Plan Policy 5.3 also requires developments to achieve the highest standards of sustainable design, with Policy 5.2 seeking to minimise carbon emissions through a ‘Be Lean, Be Clean and Be Green’ energy hierarchy.
In this case there are acknowledged constraints to providing sustainability measures as much of the historic building fabric at the site is to be retained and the Grade l listed
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building safeguarded intact. This significantly limits the opportunities for appropriate systems for renewable energy, for instance, as it would not be appropriate to provide roof level photovoltaic panels on 55 Broadway for heritage reasons.
The applicant has submitted an Energy Strategy and a Sustainability Strategy for the proposed development which detail a range of passive design and energy efficiency measures. The proposed hotel use will require the replacement of the existing single glazing (for noise attenuation reasons) with secondary glazing which will upgrade the acoustic and thermal performance of the windows for the entire site. Improvements to the thermal envelope and the building services strategy will achieve up to 40.5% reduction in CO2 emissions. The development will have a centralised gas-fired boiler. Connection to a Local District Heat Network is not currently possible; there is no existing or proposed network within 200m of the development. High efficiency air source heat pumps (ASHP) with heat recovery will achieve a further CO2 reduction of 25.1%. Consequently, it is anticipated that the proposed development will achieve an overall reduction of up to 65.6% CO2 emissions (beyond the GLA gas boiler baseline).
8.8 Westminster City Plan
The City Council is currently working on a complete review of its City Plan. Formal consultation on Westminster’s City Plan 2019-2040 was carried out under Regulation 19 of the Town and Country Planning Act (Local Planning) (England) Regulations 2012 between Wednesday 19 June 2019 and Wednesday 31 July 2019 and on the 19 November 2019 the plan was submitted to the Secretary of State for independent examination. In the case of a draft local plan that has been submitted to the Secretary of State for Examination in Public, under Regulation 22(3) of the Town and Country Planning Act (Local Planning) (England) Regulations 2012, having regard to the tests set out in para. 48 of the NPPF, it will generally attract very limited weight at this present time.
8.9 London Plan
New hotels are supported by London Plan policies.
8.10 National Policy/Guidance Considerations
The City Plan and UDP policies referred to in the consideration of this application are considered to be consistent with the NPPF unless stated otherwise.
Further to the Town and Country Planning (Pre-commencement Conditions) Regulations 2018, the City Council cannot impose a pre-commencement condition (a condition which must be discharged before works can start on site) on a planning permission without the written agreement of the applicant, unless the applicant fails to provide a substantive response within a 10 day period following notification of the proposed condition, the reason for the condition and justification for the condition by the City Council.
During the course of this application a notice was served relating to the proposed imposition of a pre-commencement condition to secure the applicant’s adherence to the City Council’s Code of Construction Practice during the demolition/excavation and construction phases of the development. The applicant has agreed to the imposition of
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the condition.
8.11 Planning Obligations
On 6 April 2010 the Community Infrastructure Levy (CIL) Regulations came into force which make it unlawful for a planning obligation to be taken into account as a reason for granting planning permission for a development, or any part of a development, whether there is a local CIL in operation or not, if the obligation does not meet all of the following three tests:
(a) necessary to make the development acceptable in planning terms; (b) directly related to the development; and (c) fairly and reasonably related in scale and kind to the development.
Policy S33 of the City Plan relates to planning obligations. It states that the Council will require mitigation of the directly related impacts of development; ensure the development complies with policy requirements within the development plan; and, if appropriate, seek contributions for supporting infrastructure. Planning obligations and any Community Infrastructure Levy contributions will be sought at a level that ensures the overall delivery of appropriate development is not compromised.
From 6 April 2015, the Community Infrastructure Levy Regulations (2010 as amended) impose restrictions on the use of planning obligations requiring the funding or provision of a type of infrastructure or a particular infrastructure project. Where five or more obligations relating to planning permissions granted by the City Council have been entered into since 6 April 2010 which provide for the funding or provision of the same infrastructure types or projects, it is unlawful to take further obligations for their funding or provision into account as a reason for granting planning permission. These restrictions do not apply to funding or provision of non-infrastructure items (such as affordable housing) or to requirements for developers to enter into agreements under Section 278 of the Highways Act 1980 dealing with highway works. The recommendations and detailed considerations underpinning them in this report have taken these restrictions into account.
The City Council adopted its own Community Infrastructure Levy on the 1st May 2016.
The applicant has offered to enter into a S106 legal agreement and the draft heads of the agreement are as follows:
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i) Operational Management Plan for the hotel, restaurants, bars, retail, event spaces, external roof terraces and spa/gym facilities ii) Employment and Training Strategy for the construction phase and operational phase of the proposed development iii) Payment for all necessary highway works including the following to be carried out prior to the occupation of the hotel: • Changes to parking and loading restrictions in St Ermin’s Hill • Footway widening to retain Pedestrian Comfort Level (PCL) A on Petty France and Broadway iv) Cost of monitoring
As there is no increase in floorspace, the proposed development is not CIL liable (Mayoral nor Westminster).
8.12 Environmental Impact Assessment
Environmental Impact issues have been covered in sections 8.3 and 8.7 above.
8.13 Other Issues
Statement of Community Involvement
The applicant has submitted a Statement of Community Involvement which summarises the consultation process they have carried out with stakeholders and neighbours prior to submitting the application.
Following the submission of the application, the applicant has met with representatives of St Ermin’s Hotel to discuss their objections and concerns regarding the potential impact on servicing and deliveries to St Ermin’s Hotel from St Ermin’s Hill. The applicant has also attended a meeting with the Chair of the Queen Anne’s Gate Residents Association (QAGRA) and has offered to continue to meet with QAGRA and other local residents throughout the development process to respond to questions and concerns.
(Please note: All the application drawings and other relevant documents and Background Papers are available to view on the Council’s website)
IF YOU HAVE ANY QUERIES ABOUT THIS REPORT PLEASE CONTACT THE PRESENTING OFFICER: AMANDA JACKSON BY EMAIL AT [email protected]
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9. KEY DRAWINGS
Site layout
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Proposed Ground floor plan
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Existing North elevation
Proposed North elevation
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Proposed east elevation and main hotel entrance
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DRAFT DECISION LETTER
Address: Broadway Complex, 55 Broadway, London, SW1H 0BD
Proposal: Conversion of buildings for use as hotel (Class C1) with ancillary flexible retail, leisure/spa, restaurant or bar use and other associated facilities; use of 10th floor roof terraces; internal and external alterations including creation of new service bay off St Ermin's Hill, reconfiguration of entrances/exits to St James's Park Underground Station and rooftop plant.
Plan Nos: DP9 letter dated 16 December 2019;
11089-EPR-00-00-TP-A-02-0001 P2 11089-EPR-00-B1-TP-A-02-0002 P2
11089-EPR-00-B1-TP-A-00-0010 P1 11089-EPR-00-B1-TP-A-00-0099 P2 11089-EPR-00-GF-TP-A-00-0100 P2 11089-EPR-00-01-TP-A-00-0101 P2 11089-EPR-00-02-TP-A-00-0102 P2 11089-EPR-00-03-TP-A-00-0103 P2 11089-EPR-00-04-TP-A-00-0104 P2 11089-EPR-00-05-TP-A-00-0105 P2 11089-EPR-00-06-TP-A-00-0106 P2 11089-EPR-00-07-TP-A-00-0107 P2 11089-EPR-00-08-TP-A-00-0108 P2 11089-EPR-00-09-TP-A-00-0109 P2 11089-EPR-00-10-TP-A-00-0110 P2 11089-EPR-00-11-TP-A-00-0111 P2
11089-EPR-00-AA-TP-A-00-0301 P2 11089-EPR-00-BB-TP-A-00-0302 P2 11089-EPR-00-CC-TP-A-00-0303 P2 11089-EPR-00-CC-TP-A-00-0304 P2 11089-EPR-00-DD-TP-A-00-0305 P2 11089-EPR-00-EE-TP-A-00-0306 P2
11089-EPR-00-EA-TP-A-00-0401 P2 11089-EPR-00-SO-TP-A-00-0402 P2 11089-EPR-00-NO-TP-A-00-0403 P2 11089-EPR-00-WE-TP-A-00-0404 P2 11089-EPR-00-PF-TP-A-00-0405 P2 11089-EPR-00-SO-TP-A-00-0406 P2 11089-EPR-00-WE-TP-A-00-0407 P2 11089-EPR-00-NO-TP-A-00-0408 P2
11089-EPR-00-B1-TP-A-01-0099 P1 11089-EPR-00-GF-TP-A-01-0100 P1 11089-EPR-00-01-TP-A-01-0101 P1 11089-EPR-00-02-TP-A-01-0102 P1 11089-EPR-00-03-TP-A-01-0103 P1 11089-EPR-00-04-TP-A-01-0104 P1 11089-EPR-00-05-TP-A-01-0105 P1 11089-EPR-00-06-TP-A-01-0106 P1 11089-EPR-00-07-TP-A-01-0107 P1 11089-EPR-00-08-TP-A-01-0108 P1 11089-EPR-00-09-TP-A-01-0109 P1
11089-EPR-00-10-TP-A-01-0110 P1 11089-EPR-00-11-TP-A-01-0111 P1
11089-EPR-00-EA-TP-A-01-0401Page P1 48 11089-EPR-00-SO-TP-A-01-0402 P1 11089-EPR-00-NO-TP-A-01-0403 P1 11089-EPR-00-WE-TP-A-01-0404 P1 11089-EPR-00-PF-TP-A-01-0405 P1 11089-EPR-00-SO-TP-A-01-0406 P1 11089-EPR-00-WE-TP-A-01-0407 P1 11089-EPR-00-NO-TP-A-01-0408 P1
11089-EPR-00-B1-TP-A-02-0010 P1 11089-EPR-00-B1-TP-A-02-0099 P6 11089-EPR-00-B1-TP-A-02-100 P7 11089-EPR-00-01-TP-A-02-0101 P7 11089-EPR-00-02-TP-A-02-0102 P6 11089-EPR-00-03-TP-A-02-0103 P6 11089-EPR-00-04-TP-A-02-0104 P6 11089-EPR-00-05-TP-A-02-0105 P6 11089-EPR-00-06-TP-A-02-0106 P6 11089-EPR-00-07-TP-A-02-0107 P6 11089-EPR-00-08-TP-A-02-0108 P6 11089-EPR-00-09-TP-A-02-0109 P6 11089-EPR-00-10-TP-A-02-0110 P6 11089-EPR-00-11-TP-A-02-0111 P6
11089-EPR-00-AA-TP-A-02-0301 11089-EPR-00-BB-TP-A-02-0302 11089-EPR-00-CC-TP-A-02-0303 11089-EPR-00-CC-TP-A-02-0304 11089-EPR-00-DD-TP-A-02-0305 11089-EPR-00-EE-TP-A-02-0306
11089-EPR-00-EA-TP-A-02-0401 11089-EPR-00-SO-TP-A-02-0402 11089-EPR-00-NO-TP-A-02-0403 11089-EPR-00-WE-TP-A-02-0404 11089-EPR-00-PF-TP-A-02-0405 11089-EPR-00-SO-TP-A-02-0406 11089-EPR-00-WE-TP-A-02-0407 11089-EPR-00-NO-TP-A-02-0408
11089-EPR-00-T1-TP-A-40-0010 11089-EPR-00-T1-TP-A-40-0011 11089-EPR-00-T1-TP-A-40-0020 11089-EPR-00-T1-TP-A-40-0021
11089-EPR-00-T1-TP-A-40-0024 11089-EPR-00-T1-TP-A-40-0025 11089-EPR-00-T1-TP-A-40-0026 11089-EPR-00-T1-TP-A-40-0027 11089-EPR-00-T1-TP-A-40-0028 11089-EPR-00-T1-TP-A-40-0029 11089-EPR-00-T1-TP-A-40-0030
11089-EPR-00-T1-TP-A-40-0031 11089-EPR-00-T1-TP-A-40-0032
11089-EPR-00-GF-TP-A-40-0033 11089-EPR-00-GF-TP-A-40-0034 11089-EPR-00-01-TP-A-40-0035 11089-EPR-00-01-TP-A-40-0036 11089-EPR-00-ZZ-TP-A-40-0037 11089-EPR-00-ZZ-TP-A-40-0038 11089-EPR-00-SO-TP-A-40-0039 11089-EPR-00-SO-TP-A-40-0040 11089-EPR-00-EA-TP-A-40-0041 11089-EPR-00-EA-TP-A-40-0042 11089-EPR-00-06-TP-A-40-0043 11089-EPR-00-07-TP-A-40-0044Page 49 11089-EPR-00-02-TP-A-40-0045 11089-EPR-00-06-TP-A-40-0046 11089-EPR-00-06-TP-A-40-0047 11089-EPR-00-06-TP-A-40-0048
For information only:
DP9 Planning Statement dated December 2019; EPR Design and Access Statement dated December 2019 and DAS Section 4 Rev01 dated 3.4.2020; KM Heritage Heritage Statement dated December 2019; Caneparo Associates Transport Statement dated December 2019; Hoare Lea Noise Assessment Rev02 dated December 2019; Hoare Lea Vibration and Re-Radiated Noise Survey dated 11.12.19; Hoare Lea Air Quality Assessment Rev 01 dated 13.12.19 and Addendum Rev02 dated 27.2.20; Hoare Lea Ventilation Summary Statement Rev01 dated December 2019; Hoare Lea Energy Statement Rev01 dated December 2019; Hoare Lea Sustainability Statement Rev01dated December 2019; Elliot Wood Flood Risk Assessment dated December 2019; Elliot Wood Drainage Strategy dated December 2019; Volterra Economic Statement dated December 2019; Caneparo draft Delivery and Servicing Plan RevA March 2020; draft Hotel Operational Management Plan 5.3.20; Statement of Community Involvement dated December 2019.
Case Officer: Amanda Jackson Direct Tel. No. 07866038919
Recommended Condition(s) and Reason(s) or Reason(s) for Refusal:
1 The development hereby permitted shall be carried out in accordance with the drawings and other documents listed on this decision letter, and any drawings approved subsequently by the City Council as local planning authority pursuant to any conditions on this decision letter.
Reason: For the avoidance of doubt and in the interests of proper planning.
2 You must apply to us for approval of samples of the facing materials you will use, including glazing, and elevations and roof plans annotated to show where the materials are to be located. 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 work using the approved materials.
Reason: To protect the special architectural or historic interest of this building and to make sure the development contributes to the character and appearance of the Broadway and Christchurch Gardens Conservation Area. This is as set out in S25 and S28 of Westminster's City Plan (November 2016) and DES 1 and paras 10.108 to 10.146 of our Unitary Development Plan that we adopted in January 2007. (R27AC)
3 You must apply to us for approval of detailed drawings of the following parts of the development:
i) The new shopfronts and hotel entrance to 100 Petty France; ii) The frosted glass panels subdividing the ninth floor terraces; iii) Modifications to windows on ninth floor to create doors; iv) The new plant enclosures; v) New railings and balustrades; vi) New awnings.
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 drawings.
Reason: To protect the special architectural or historic interest of this building and to make sure the development contributes to the character and appearance of the Broadway and Christchurch Gardens Conservation Area. This is as set out in S25 and S28 of Westminster's City Plan (November 2016) and DES 1 and paras 10.108 to 10.146 of our Unitary Development Plan that we adopted in January 2007. (R27AC) Page 50
4 You must only utilise existing ventilation grilles within the stone façade of 55 Broadway, with no new ventilation/services openings in the façade approved by this permission.
Reason: To protect the special architectural or historic interest of this building and to make sure the development contributes to the character and appearance of the Broadway and Christchurch Gardens Conservation Area. This is as set out in S25 and S28 of Westminster's City Plan (November 2016) and DES 1 and paras 10.108 to 10.146 of our Unitary Development Plan that we adopted in January 2007. (R27AC)
5 You must apply to us for approval of full details of the proposed landscaping to the external terraces to include construction method, layout, soil volumes and soil composition, irrigation, plant species and maintenance regime. 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 and thereafter retain and maintain in accordance with the approved management plan.
Reason: To protect the special architectural character or historic interest of this building and of improve the appearance of the development, to make sure that it contributes to the character and appearance of this part of the Broadway and Christchurch Gardens Conservation Area, and to improve its contribution to biodiversity and the local environment. This is as set out in S25, S28 and S38 of Westminster's City Plan (November 2016) and ENV 16, ENV 17, DES 1 (A) and paras 10.108 to 10.128 of our Unitary Development Plan that we adopted in January 2007. (R30CD)
6 You must not put structures such as canopies, fences, loggias, trellises or satellite or radio antennae on the roof terraces.
Reason: To protect the special architectural or historic interest of this building and to make sure the development contributes to the character and appearance of the Broadway and Christchurch Gardens Conservation Area. This is as set out in S25 and S28 of Westminster's City Plan (November 2016) and DES 1 and paras 10.108 to 10.146 of our Unitary Development Plan that we adopted in January 2007. (R27AC)
7 All new work to the outside of the building must match existing original work in terms of the
choice of materials, method of construction and finished appearance. This applies unless differences are shown on the drawings we have approved or are required by conditions to this permission. (C26AA)
Reason: To protect the special architectural or historic interest of this building and to make sure the development contributes to the character and appearance of the Broadway and Christchurch Gardens Conservation Area. This is as set out in S25 and S28 of Westminster's City Plan (November 2016) and DES 1 and paras 10.108 to 10.146 of our Unitary Development Plan that we adopted in January 2007. (R27AC)
8 Except for piling, excavation and demolition work, you must carry out any building work which can be heard at the boundary of the site only: o between 08.00 and 18.00 Monday to Friday; o between 08.00 and 13.00 on Saturday; and o not at all on Sundays, bank holidays and public holidays.
You must carry out piling, excavation and demolition work only: o between 08.00 and 18.00 Monday to Friday; and o not at all on Saturdays, Sundays, bank holidays and public holidays.
Noisy work must not take place outside thesePage hours 51 unless otherwise agreed through a Control of Pollution Act 1974 section 61 prior consent in special circumstances (for example, to meet police traffic restrictions, in an emergency or in the interests of public safety). (C11AB)
Reason: To protect the environment of residents and the area generally as set out in S29 of Westminster's City Plan (November 2016) and STRA 25, TRANS 23, ENV 5 and ENV 6 of our Unitary Development Plan that we adopted in January 2007. (R11AC)
9 Pre Commencement Condition. Prior to the commencement of any: (a) Demolition, and/or (b) Earthworks/piling and/or (c) Construction On site you must apply to us for our written approval of evidence to demonstrate that any implementation of the scheme hereby approved, by the applicant or any other party, will be bound by the council's Code of Construction Practice. Such evidence must take the form of the relevant completed Appendix A checklist from the Code of Construction Practice, signed by the applicant and approved by the Council's Environmental Sciences Team, which constitutes an agreement to comply with the Code of Construction Practice and requirements contained therein. Commencement of the relevant stage of demolition, earthworks/piling or construction cannot take place until the City Council as local planning authority has issued its written approval through submission of details prior to each stage of commencement. (C11CD)
Reason: To protect the environment of residents and the area generally as set out in S29 of Westminster's City Plan (November 2016) and STRA 25, TRANS 23, ENV 5 and ENV 6 of our Unitary Development Plan that we adopted in January 2007. (R11AC)
10 The six retail units shaded pink on the ground floor plan (drawing no. 0100 Rev P7) shall only be used for flexible retail, leisure/spa, restaurant or bar purposes and not for any other hotel activity.
Reason:
To ensure that a satisfactory mix of ground floor retail and associated uses are provided in accordance with Policy S21 of Westminster's City Plan (November 2016).
11 The flexible retail, leisure/spa, restaurant and bar uses on ground and tenth floor levels as shown on the approved plans (Dwg no. 0100 P7 and Dwg no. 0110 RevP6) must remain open to customers who are members of the general public (whether or not they guests at the hotel or visitors of hotel guests) and shall not be used for any other hotel activity other than retail, leisure/spa, restaurant or bar as indicated on the approved plans.
Reason: To make sure that you achieve the variety of uses included in the scheme and as set out in Policy S1 of Westminster's City Plan (November 2016).
12 Non-hotel guests shall not be permitted within the ground floor restaurant and bar areas at ground floor level before 07.00 hours or after 23.00 hours each day and in the business centre/meeting rooms on the first floor before 06.00 hours or after 00.00 hours 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 TACE9 of our Unitary Development Plan that we adopted in January 2007. (R12AC)
13 Customers shall not be permitted in the ground floor retail units, the seventh floor meeting room/event space, the tenth floor bar and the eleventh to thirteenth floor event space before 07.00 hours or after 00.00 hours each day and in the ground floor spa/leisure use not before 07.00 hours or after 22.30 hours 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)Page and 52 ENV 6, ENV 7 and TACE 9 of our Unitary Development Plan that we adopted in January 2007. (R12AC)
14 The tenth floor roof terraces adjacent to the tenth floor bar/event space as shown on drawing no. 0110 RevP6 shall only be used by customers of the bar/event space between 07.00 hours and 22.00 hours each day.
Reason: To protect the privacy and environment of people in neighbouring properties. This is as set out in S29 and S32 of Westminster's City Plan (November 2016) and ENV 6 and ENV 13 of our Unitary Development Plan that we adopted in January 2007. (R21BC)
Reason: To protect the environment of people in neighbouring properties. This is as set out in S29 of Westminster's City Plan (November 2016) and ENV 6 and ENV 13 of our Unitary Development Plan that we adopted in January 2007. (R21BC)
15 You must provide the waste store shown on drawing 11089-EPR-00-GF-TP-A-02-0100 RevP7 before anyone moves into the property. You must clearly mark it and make it available at all times to everyone using the hotel, retail, leisure/spa, restaurant, bar. You must store waste inside the property and only put it outside just before it is going to be collected. You must not use the waste store for any other purpose. (C14DC)
Reason: To protect the environment and provide suitable storage for waste as set out in S44 of Westminster's City Plan (November 2016) and ENV 12 of our Unitary Development Plan that
we adopted in January 2007. (R14BD)
16 You must provide each cycle parking space shown on the approved drawings prior to occupation. Thereafter the cycle spaces must be retained and the space used for no other purpose without the prior written consent of the local planning authority.
Reason: To provide cycle parking spaces for people using the development as set out in Policy 6.9 (Table 6.3) of the London Plan 2016 (R22FA)
17 You must use the parking, access, loading, unloading and manoeuvring areas shown on the approved plans only for those purposes. (C23AA)
Reason: To avoid blocking the surrounding streets and to protect the environment of people in neighbouring properties as set out in S42 of Westminster's City Plan (November 2016) and STRA 25, TRANS 20 and TRANS 21 of our Unitary Development Plan that we adopted in January 2007. (R23AC)
18 No goods for the hotel and other commercial uses, including fuel, delivered or collected by vehicles arriving at or departing from the building shall be accepted or despatched if unloaded or loaded on the public highway. You may accept or despatch such goods only if they are unloaded or loaded within the curtilage of the building. (C23BA)
Reason: To avoid blocking the surrounding streets and to protect the environment of people in neighbouring properties as set out in S42 of Westminster's City Plan (November 2016) and STRA 25, TRANS 20 and TRANS 21 of our Unitary Development Plan that we adopted in January 2007. (R23AC)
19 You must apply to us for approval of a Servicing and Delivery Management Plan (SDMP) that takes account of all the uses in the development. The plan must identify the process, internal storage locations, scheduling of deliveries and staffing. You must not commence the hotel and commercial uses hereby approved until we, in consultation with TfL have approved what you have sent us. The SDMP must thereafter be maintained and followed by the occupants for the life of the development, unless a revised strategyPage is 53 approved (in writing) by the Local Planning Authority in consultation with TfL.
Reason: To avoid blocking the surrounding streets and to protect the environment of people in neighbouring properties as set out in S42 of Westminster's City Plan (November 2016) and STRA 25, TRANS 20 and TRANS 21 of our Unitary Development Plan that we adopted in January 2007. (R23AC)
20 All vehicles must enter and exit the site in forward gear.
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)
21 You must hang all doors or gates so that they do not open over or across the road or pavement. (C24AA)
Reason: In the interests of public safety and to avoid blocking the road 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. (R24AC)
22 You must apply to us for approval of, in consultation with TfL, a Construction Logistics Plan (CLP) before any works (including demolition) commence on site. You must carry out the measures included in your plan throughout the demolition and construction period.
Reason: As requested by Transport for London (TfL).
23 You must apply to us for approval of details of a supplementary acoustic report:
i) demonstrating that the detailed mechanical plant specification will comply with the Council's noise criteria as set out in Condition 24 and 25 of this permission and
ii) to address the potential noise breakout from the tenth floor roof terraces
You must not start work on this part of the development until we have approved what you have sent us.
Reason: Because existing external ambient noise levels exceed WHO Guideline Levels, and as set out in ENV 6 (1), (6) and (8) and ENV 7 (A)(1) of our Unitary Development Plan that we adopted in January 2007, so that the noise environment of people in noise sensitive properties is protected, including the intrusiveness of tonal and impulsive sounds; and as set out in S32 of Westminster's City Plan (November 2016), by contributing to reducing excessive ambient noise levels. (R51AB)
24 (1) Where noise emitted from the proposed plant and machinery will not contain tones or will not be intermittent, the 'A' weighted sound pressure level from the plant and machinery (including non-emergency auxiliary plant and generators) hereby permitted, when operating at its noisiest, shall not at any time exceed a value of 10 dB below the minimum external background noise, at a point 1 metre outside any window of any residential and other noise sensitive property, unless and until a fixed maximum noise level is approved by the City Council. The background level should be expressed in terms of the lowest LA90, 15 mins during the proposed hours of operation. The plant-specific noise level should be expressed as LAeqTm, and shall be representative of the plant operating at its maximum.
(2) Where noise emitted from the proposed plant and machinery will contain tones or will be intermittent, the 'A' weighted sound pressure level from the plant and machinery (including non- emergency auxiliary plant and generators)Page hereby 54 permitted, when operating at its noisiest, shall not at any time exceed a value of 15 dB below the minimum external background noise, at a point 1 metre outside any window of any residential and other noise sensitive property, unless and until a fixed maximum noise level is approved by the City Council. The background level should be expressed in terms of the lowest LA90, 15 mins during the proposed hours of operation. The plant-specific noise level should be expressed as LAeqTm, and shall be representative of the plant operating at its maximum.
(3) Following installation of the plant and equipment, you may apply in writing to the City Council for a fixed maximum noise level to be approved. This is to be done by submitting a further noise report confirming previous details and subsequent measurement data of the installed plant, including a proposed fixed noise level for approval by the City Council. Your submission of a noise report must include: (a) A schedule of all plant and equipment that formed part of this application;
(b) Locations of the plant and machinery and associated: ducting; attenuation and damping equipment; (c) Manufacturer specifications of sound emissions in octave or third octave detail; (d) The location of most affected noise sensitive receptor location and the most affected window of it; (e) Distances between plant & equipment and receptor location/s and any mitigating features that may attenuate the sound level received at the most affected receptor location; (f) Measurements of existing LA90, 15 mins levels recorded one metre outside and in front of the window referred to in (d) above (or a suitable representative position), at times when background noise is at its lowest during hours when the plant and equipment will operate. This acoustic survey to be conducted in conformity to BS 7445 in respect of measurement methodology and procedures; (g) The lowest existing L A90, 15 mins measurement recorded under (f) above; (h) Measurement evidence and any calculations demonstrating that plant and equipment complies with the planning condition; (i) The proposed maximum noise level to be emitted by the plant and equipment.
Reason: Because existing external ambient noise levels exceed WHO Guideline Levels, and as set out in ENV 6 (1), (6) and (8) and ENV 7 (A)(1) of our Unitary Development Plan that we adopted in January 2007, so that the noise environment of people in noise sensitive properties is protected, including the intrusiveness of tonal and impulsive sounds; and as set out in S32 of Westminster's City Plan (November 2016), by contributing to reducing excessive ambient noise levels. Part (3) is included so that applicants may ask subsequently for a fixed maximum noise level to be approved in case ambient noise levels reduce at any time after implementation of the planning permission. (R46AB)
25 No vibration shall be transmitted to adjoining or other premises and structures through the building structure and fabric of this development as to cause a vibration dose value of greater than 0.4m/s (1.75) 16 hour day-time nor 0.26 m/s (1.75) 8 hour night-time as defined by BS 6472 (2008) in any part of a residential and other noise sensitive property.
Reason: As set out in ENV6 (2) and (6) of our Unitary Development Plan that we adopted in January 2007, to ensure that the development is designed to prevent structural transmission of noise or vibration. (R48AA)
26 (1) Noise emitted from the emergency plant and generators hereby permitted shall not increase the minimum assessed background noise level (expressed as the lowest 24 hour LA90, 15 mins) by more than 10 dB one metre outside any premises.
(2) The emergency plant and generators hereby permitted may be operated only for essential testing, except when required by an emergency loss of power.
(3) Testing of emergency plant and generators hereby permitted may be carried out only for up to one hour in a calendar month, and only during the hours 09.00 to 17.00 hrs Monday to Friday and not at all on public holidays.
Reason: As set out in S32 of Westminster's City Plan (November 2016) and ENV 7 (B) of our Unitary Development Plan that we adopted in JanuaryPage 2007. 55 Emergency and auxiliary energy generation plant is generally noisy, so a maximum noise level is required to ensure that any disturbance caused by it is kept to a minimum and to ensure testing and other non-emergency use is carried out for limited periods during defined daytime weekday hours only, to prevent disturbance to residents and those working nearby. (R50AB)
27 You must apply to us for approval of details of the ventilation system to get rid of fumes, including details of how it will be built and how it will look. You must not begin the use allowed by this permission until we have approved what you have sent us and you have carried out the work according to the approved details. (C14BB)
Reason: To protect the environment of people in neighbouring properties as set out in S29 and S32 of Westminster's City Plan (November 2016) and ENV 6, ENV 7 and DES 5 of our Unitary Development Plan that we adopted in January 2007. (R14AC)
28 You must not install or use any outdoor cooking equipment or play any amplified music on the tenth floor roof terraces as shown on dwg no. 0110 P6 hereby approved and there must be no more than 190 customers on the tenth floor roof terraces at any one time.
Reason: To protect the environment of people in neighbouring properties. This is as set out in S29 of Westminster's City Plan (November 2016) and ENV 6 and ENV 13 of our Unitary Development Plan that we adopted in January 2007. (R21BC)
29 The hotel use hereby approved is not permitted to accept coach-party bookings.
Reason: In order to minimise any adverse impacts on the surrounding highway network and to prevent any nuisance to people in the area as set out in Policies S23, S29 and S32 of Westminster's City Plan (November 2016) and ENV 6 and TACE 2 of our Unitary Development Plan that we adopted in January 2007.
30 In the event that the supplementary acoustic report required by Condition 23 identifies the need for additional attenuation measures to the tenth floor roof terraces, you must apply to us for approval of full details of these additional attenuation measures before the use of the tenth floor roof terraces commences.
Reason: Because existing external ambient noise levels exceed WHO Guideline Levels, and as set out in ENV 6 (1), (6) and (8) and ENV 7 (A)(1) of our Unitary Development Plan that we adopted in January 2007, so that the noise environment of people in noise sensitive properties is protected, including the intrusiveness of tonal and impulsive sounds; and as set out in S32 of Westminster's City Plan (November 2016), by contributing to reducing excessive ambient noise levels and to protect the special architectural character or historic interest of this building and of improve the appearance of the development, to make sure that it contributes to the character and appearance of this part of the Broadway and Christchurch Gardens Conservation Area. This is as set out in S25, S28 and S38 of Westminster's City Plan (November 2016) and ENV 16, ENV 17, DES 1 (A) and paras 10.108 to 10.128 of our Unitary Development Plan that we adopted in January 2007.
Informative(s):
1 In dealing with this application the City Council has implemented the requirement in the National Planning Policy Framework to work with the applicant in a positive and proactive way. We have made available detailed advice in the form of our statutory policies in Westminster's City Plan (November 2016), Unitary Development Plan, neighbourhood plan (where relevant), supplementary planning documents, planning briefs and other informal written guidance, as well as offering a full pre application advice service, in order to ensure that applicant has been given every opportunity to submit an application which is likely to be considered favourably. In addition, where appropriate, further guidance was offered to the applicant at the validation stage. Page 56 2 This permission is governed by a legal agreement between the applicant and us under Section 106 of the Town and Country Planning Act 1990. The agreement relates to:
i) Operational Management Plan for the hotel, restaurants, bars, retail, event spaces, external roof terraces and spa/gym facilities ii) Employment and Training Strategy for the construction phase and operational phase of the proposed development iii) Payment for all necessary highway works including the following to be carried out prior to the occupation of the hotel: * Changes to parking and loading restrictions in St Ermin's Hill * Footway widening to retain Pedestrian Comfort Level (PCL) A on Petty France and Broadway iv) Cost of monitoring
3 With reference to condition 9 please refer to the Council's Code of Construction Practice at (www.westminster.gov.uk/code-construction-practice). You will be required to enter into an agreement with the Council appropriate to this scale of development and to pay the relevant fees prior to starting work.
Your completed and signed Checklist A (for Level 1 and Level 2 developments) or B (for basements) and all relevant accompanying documents outlined in Checklist A or B, e.g. the full Site Environmental Management Plan (Levels 1 and 2) or Construction Management Plan (basements), must be submitted to the City Council's Environmental Sciences team ([email protected]) at least 40 days prior to commencement of works (which may include some pre-commencement works and demolition. The checklist must be countersigned by them before you apply to the local planning authority to discharge the above condition.
You are urged to give this your early attention as the relevant stages of demolition, earthworks/piling or construction cannot take place until the City Council as local planning authority has issued its written approval of each of the relevant parts, prior to each stage of commencement.
Where you change your plans after we have discharged the condition, you must re-apply and submit new details for consideration before you start work. Please note that where separate contractors are appointed for different phases of the project, you may apply to partially discharge the condition by clearly stating in your submission which phase of the works (i.e. (a) demolition, (b) excavation or (c) construction or a combination of these) the details relate to. However please note that the entire fee payable to the Environmental Sciences team must be paid on submission of the details relating to the relevant phase.
Appendix A must be signed and countersigned by Environmental Sciences prior to the submission of the approval of details of the above condition.
4 If any 'special treatment', as defined in the London Local Authorities Act 1991, is going to be provided at the premises, you will need to apply for a Special Treatment Licence. Please use the following link for further information and to make your application: www.westminster.gov.uk/massage-and-special-treatment-premises-licences. You should contact the Environmental Health Consultation Team (Regulatory Support Team 2) by email to [email protected] for advice to ensure the treatment rooms meet the appropriate standards.
5 You must register your food business with the Council, please use the following link: www.westminster.gov.uk/registration-food-business. Please email the Environmental Health Consultation Team (Regulatory Support Team 2) at [email protected] for advice on meeting our standards on ventilation and other equipment. Under environmental health legislation we may ask you to carry out other work if your business causes noise, smells or other types of nuisance.
6 You need to speak to our Highways section about any work which will affect public roads. This includes new pavement crossovers, removal of redundant crossovers, changes in threshold levels, changes to on-street parking arrangements, and work which will affect pavement vaults. You will have to pay all administration, design, supervision and other costs of the work. We will carry out any work which affects the highway.Page When 57 considering the desired timing of highway works in relation to your own development programme please bear in mind that, under the Traffic Management Act 2004, all works on the highway require a permit, and (depending on the length of the highway works) up to three months advance notice may need to be given. For more advice, please email [email protected]. However, please note that if any part of your proposals would require the removal or relocation of an on-street parking bay, this is unlikely to be approved by the City Council (as highway authority).
7 When carrying out building work you must take appropriate steps to reduce noise and prevent nuisance from dust. The planning permission for the development may include specific conditions relating to noise control, hours of work and consideration to minimising noise and vibration from construction should be given at planning application stage. You may wish to contact to our Environmental Sciences Team (email: [email protected]) to make sure that you meet all the requirements before you draw up contracts for demolition and building work.
When a contractor is appointed they may also wish to make contact with the Environmental Sciences Team before starting work. The contractor can formally apply for consent for prior approval under Section 61, Control of Pollution Act 1974. Prior permission must be sought for all noisy demolition and construction activities outside of core hours on all sites. If no prior permission is sought where it is required the authority may serve a notice on the site/works setting conditions of permitted work (Section 60, Control of Pollution Act 1974).
British Standard 5228:2014 'Code of practice for noise and vibration control on construction and open sites' has been recognised by Statutory Order as the accepted guidance for noise control during construction work.
An action in statutory nuisance can be brought by a member of the public even if the works are being carried out in accordance with a prior approval or a notice.
8 Please make sure that the street number and building name (if applicable) are clearly displayed on the building. This is a condition of the London Building Acts (Amendments) Act 1939, and there are regulations that specify the exact requirements. For further information on how to make an application and to read our guidelines on street naming and numbering, please visit our website: www.westminster.gov.uk/street-naming-numbering (I54AB)
9 The term 'clearly mark' in condition 15 means marked by a permanent wall notice or floor markings, or both. (I88AA)
10 Conditions 23, 24, 25, 26 control noise from the approved machinery. It is very important that you meet the conditions and we may take legal action if you do not. You should make sure that the machinery is properly maintained and serviced regularly. (I82AA)
11 Under the Construction (Design and Management) Regulations 2015, clients, the CDM Coordinator, designers and contractors must plan, co-ordinate and manage health and safety throughout all stages of a building project. By law, designers must consider the following:
* Hazards to safety must be avoided if it is reasonably practicable to do so or the risks of the hazard arising be reduced to a safe level if avoidance is not possible;
* This not only relates to the building project itself but also to all aspects of the use of the completed building: any fixed workplaces (for example offices, shops, factories, schools etc) which are to be constructed must comply, in respect of their design and the materials used, with any requirements of the Workplace (Health, Safety and Welfare) Regulations 1992. At the design stage particular attention must be given to incorporate safe schemes for the methods of cleaning windows and for preventing falls during maintenance such as for any high level plant.
Preparing a health and safety file is an important part of the regulations. This is a record of information for the client or person using the building, and tells them about the risks that have to be managed during future maintenance, repairs or renovation. For more information, visit the Health and Safety Executive website at www.hse.gov.uk/risk/index.htm.
It is now possible for local authorities to prosecute any of the relevant parties with respect to non compliance with the CDM Regulations after the completion of a building project, particularly if such non compliance has resulted in a deathPage or major58 injury.
12 Working at height remains one of the biggest causes of fatalities and major injuries. You should carefully consider the following. * Window cleaning - where possible, install windows that can be cleaned safely from within the building. * Internal atria - design these spaces so that glazing can be safely cleaned and maintained. * Lighting - ensure luminaires can be safely accessed for replacement. * Roof plant - provide safe access including walkways and roof edge protection where necessary (but these may need further planning permission). More guidance can be found on the Health and Safety Executive website at www.hse.gov.uk/toolbox/height.htm
Note: Window cleaning cradles and tracking should blend in as much as possible with the appearance of the building when not in use. If you decide to use equipment not shown in your drawings which will affect the appearance of the building, you will need to apply separately for planning permission. (I80CB)
13 Regulation 12 of the Workplace (Health, Safety and Welfare) Regulations 1992 requires that every floor in a workplace shall be constructed in such a way which makes it suitable for use. Floors which are likely to get wet or to be subject to spillages must be of a type which does not become unduly slippery. A slip-resistant coating must be applied where necessary. You must also ensure that floors have effective means of drainage where necessary. The flooring must be fitted correctly and properly maintained. Regulation 6 (4)(a) Schedule 1(d) states that a place of work should possess suitable and sufficient means for preventing a fall. You must therefore ensure the following: * Stairs are constructed to help prevent a fall on the staircase; you must consider stair rises and treads as well as any landings;
* Stairs have appropriately highlighted grip nosing so as to differentiate each step and provide sufficient grip to help prevent a fall on the staircase; * Any changes of level, such as a step between floors, which are not obvious, are marked to make them conspicuous. The markings must be fitted correctly and properly maintained; * Any staircases are constructed so that they are wide enough in order to provide sufficient handrails, and that these are installed correctly and properly maintained. Additional handrails should be provided down the centre of particularly wide staircases where necessary; * Stairs are suitably and sufficiently lit, and lit in such a way that shadows are not cast over the main part of the treads.
Page 59
19/09814/LBC
DRAFT DECISION LETTER
Address: Broadway Complex, 55 Broadway, London, SW1H 0BD
Proposal: Conversion of buildings for use as hotel (Class C1) with ancillary flexible retail, leisure/spa, restaurant or bar use and other associated facilities; use of 10th floor roof terraces; internal and external alterations including creation of new service bay off St Ermin's Hill, reconfiguration of entrances/exits to St James's Park Underground Station and rooftop plant.
Plan Nos: DP9 letter dated 16 December 2019;
11089-EPR-00-00-TP-A-02-0001 P2 11089-EPR-00-B1-TP-A-02-0002 P2
11089-EPR-00-B1-TP-A-00-0010 P1 11089-EPR-00-B1-TP-A-00-0099 P2 11089-EPR-00-GF-TP-A-00-0100 P2 11089-EPR-00-01-TP-A-00-0101 P2 11089-EPR-00-02-TP-A-00-0102 P2 11089-EPR-00-03-TP-A-00-0103 P2 11089-EPR-00-04-TP-A-00-0104 P2 11089-EPR-00-05-TP-A-00-0105 P2 11089-EPR-00-06-TP-A-00-0106 P2 11089-EPR-00-07-TP-A-00-0107 P2 11089-EPR-00-08-TP-A-00-0108 P2 11089-EPR-00-09-TP-A-00-0109 P2 11089-EPR-00-10-TP-A-00-0110 P2 11089-EPR-00-11-TP-A-00-0111 P2
11089-EPR-00-AA-TP-A-00-0301 P2 11089-EPR-00-BB-TP-A-00-0302 P2 11089-EPR-00-CC-TP-A-00-0303 P2 11089-EPR-00-CC-TP-A-00-0304 P2 11089-EPR-00-DD-TP-A-00-0305 P2 11089-EPR-00-EE-TP-A-00-0306 P2
11089-EPR-00-EA-TP-A-00-0401 P2 11089-EPR-00-SO-TP-A-00-0402 P2 11089-EPR-00-NO-TP-A-00-0403 P2 11089-EPR-00-WE-TP-A-00-0404 P2 11089-EPR-00-PF-TP-A-00-0405 P2 11089-EPR-00-SO-TP-A-00-0406 P2 11089-EPR-00-WE-TP-A-00-0407 P2 11089-EPR-00-NO-TP-A-00-0408 P2
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11089-EPR-00-T1-TP-A-40-0010 11089-EPR-00-T1-TP-A-40-0011 11089-EPR-00-T1-TP-A-40-0020 11089-EPR-00-T1-TP-A-40-0021
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For information only: DP9 Planning Statement dated December 2019; EPR Design and Access Statement dated December 2019 and DAS Section 4 Rev01 dated 3.4.2020; KM Heritage Heritage Statement dated December 2019; Caneparo Associates Transport Statement dated December 2019; Hoare Lea Noise Assessment Rev02 dated December 2019; Hoare Lea Vibration and Re-Radiated Noise Survey dated 11.12.19; Hoare Lea Air Quality Assessment Rev 01 dated 13.12.19 and Addendum Rev02 dated 27.2.20; Hoare Lea Ventilation Summary Statement Rev01 dated December 2019; Hoare Lea Energy Statement Rev01 dated December 2019; Hoare Lea Sustainability Statement Rev01dated December 2019; Elliot Wood Flood Risk Assessment dated December 2019; Elliot Wood Drainage Strategy dated December 2019; Volterra Economic Statement dated December 2019; Caneparo draft Delivery and Servicing Plan RevA March 2020; draft Hotel Operational Management Plan 5.3.20; Statement of Community Involvement dated December 2019DP9 letter dated 16 December 2019;
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Case Officer: Amanda Jackson Direct Tel. No. 07866038919
Recommended Condition(s) and Reason(s) or Reason(s) for Refusal: Page 63 1 The works hereby permitted shall be carried out in accordance with the drawings and other documents listed on this decision letter, and any drawings approved subsequently by the City Council as local planning authority pursuant to any conditions on this decision letter.
Reason: For the avoidance of doubt and in the interests of proper planning.
2 You must apply to us for approval of samples of the external facing materials you will use, including glazing, and elevations and roof plans annotated to show where the materials are to be located. 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 work using the approved materials.
Reason: To protect the special architectural or historic interest of this building and to make sure the development contributes to the character and appearance of the Broadway and Christchurch Gardens Conservation Area. This is as set out in S25 and S28 of Westminster's City Plan (November 2016) and DES 1 and paras 10.108 to 10.146 of our Unitary Development Plan that we adopted in January 2007. (R27AC)
3 You must apply to us for approval of detailed drawings of the following parts of the development:
i) The new shopfronts within the ground floor north-south retail arcade, based on principle that these are to be refined to complement the character and style of the original building; ii) The treatment of the retained east-west arcade and relationship to bar and restaurant spaces on either side; iii) Internal fit out to ground floor bar and restaurant; to first floor foyer including internal treatment of infill extensions at first floor and to all common parts and circulation areas of the hotel; iv) Full details of framing and connections to historic fabric of the new glazed roofs to the first floor infill extensions; v) Internal fit out of sixth floor panelled rooms; vi) Internal fit out of seventh floor former management suite; vii) The new lift cars; viii) All modifications to the existing staircases; ix) Any fire upgrade works to existing internal doors; x) Secondary glazing; xi) Modifications to windows on ninth floor to create doors; xii) New railings and balustrades; xiii) New awnings and means of fixing to stonework; xiv) The new shopfronts and hotel entrance to 100 Petty France; xv) The frosted glass panels subdividing the ninth floor terraces; xvi) The new plant enclosures.
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 drawings.
Reason: To protect the special architectural or historic interest of this building and to make sure the development contributes to the character and appearance of the Broadway and Christchurch Gardens Conservation Area. This is as set out in S25 and S28 of Westminster's City Plan (November 2016) and DES 1 and paras 10.108 to 10.146 of our Unitary Development Plan that we adopted in January 2007. (R27AC)
4 You must apply to us for approval of any existing ornamental features or artefacts that you want to relocate. You must provide plans showing their location and method of removal and re-fixing. Any area left uncovered must be made good to match the surrounding fabric and decoration. You must not start work on these parts of the development until we have approved what you have sent us. You must then carry out the works in accordance with these details.
Reason: To protect the special architectural or historic interest of this building and to make sure the development contributes to the characterPage and appearance 64 of the Broadway and Christchurch Gardens Conservation Area. This is as set out in S25 and S28 of Westminster's City Plan (November 2016) and DES 1 and paras 10.108 to 10.146 of our Unitary Development Plan that we adopted in January 2007. (R27AC)
5 You must apply to us for approval of a strategy and methodology for external cleaning of the stone facades to 55 Broadway. You must not start any work on this part of the development until we have approved what you have sent us. You must then carry out the work according to the approved details.
Reason: To protect the special architectural or historic interest of this building and to make sure the development contributes to the character and appearance of the Broadway and Christchurch
Gardens Conservation Area. This is as set out in S25 and S28 of Westminster's City Plan (November 2016) and DES 1 and paras 10.108 to 10.146 of our Unitary Development Plan that we adopted in January 2007. (R27AC)
6 You must only utilise existing ventilation grilles within the stone façade of 55 Broadway, with no new ventilation/services openings in the façade approved by this permission.
Reason: To protect the special architectural or historic interest of this building and to make sure the development contributes to the character and appearance of the Broadway and Christchurch Gardens Conservation Area. This is as set out in S25 and S28 of Westminster's City Plan (November 2016) and DES 1 and paras 10.108 to 10.146 of our Unitary Development Plan that we adopted in January 2007. (R27AC)
7 You must apply to us for approval of full details of the proposed landscaping to the external terraces to include construction method, layout, soil volumes and soil composition, irrigation, plant species and maintenance regime. 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 and thereafter retain and maintain in accordance with the approved management plan.
Reason: To protect the special architectural or historic interest of this building and to make sure the development contributes to the character and appearance of the Broadway and Christchurch Gardens Conservation Area. This is as set out in S25 and S28 of Westminster's City Plan (November 2016) and DES 1 and paras 10.108 to 10.146 of our Unitary Development Plan that we adopted in January 2007. (R27AC)
8 You must not put structures such as canopies, fences, loggias, trellises or satellite or radio antennae on the roof terraces.
Reason: To protect the special architectural or historic interest of this building and to make sure the development contributes to the character and appearance of the Broadway and Christchurch Gardens Conservation Area. This is as set out in S25 and S28 of Westminster's City Plan (November 2016) and DES 1 and paras 10.108 to 10.146 of our Unitary Development Plan that we adopted in January 2007. (R27AC)
9 All new work and improvements inside and outside the building must match existing original adjacent work in terms of the choice of materials, method of construction and finished appearance. This applies unless differences are shown on the approved drawings or are required in conditions to this permission. (C27AA)
Reason: To protect the special architectural or historic interest of this building and to make sure the development contributes to the character and appearance of the Broadway and Christchurch Gardens Conservation Area. This is as setPage out in S2565 and S28 of Westminster's City Plan (November 2016) and DES 1 and paras 10.108 to 10.146 of our Unitary Development Plan that we adopted in January 2007. (R27AC)
Informative(s):
1 SUMMARY OF REASONS FOR GRANTING CONDITIONAL LISTED BUILDING CONSENT -
In reaching the decision to grant listed building consent with conditions, the City Council has had regard to the relevant policies in the National Planning Policy Framework, the London Plan 2016, Westminster's City Plan (November 2016), and the City of Westminster Unitary Development Plan adopted January 2007, as well as relevant supplementary planning guidance, representations received and all other material considerations.
The City Council decided that the proposed works would not harm the special architectural and historic interest of this listed building.
In reaching this decision the following were of particular relevance: S25 and S28 of Westminster's City Plan and DES 10 including paras 10.130 to 10.146 of the Unitary Development Plan, and paragraph 2.4 of our Supplementary Planning Guidance: Repairs and Alterations to Listed Buildings.
2 You will need to contact us again if you want to carry out work on the listed building which is not referred to in your plans. This includes:
* any extra work which is necessary after further assessments of the building's condition; * stripping out or structural investigations; and * any work needed to meet the building regulations or other forms of statutory control.
Please quote any 'TP' and 'RN' reference numbers shown on this consent when you send us further documents.
It is a criminal offence to carry out work on a listed building without our consent. Please remind your client, consultants, contractors and subcontractors of the terms and conditions of this consent. (I59AA)
Page 66 Agenda Item 2 Item No. 2
CITY OF WESTMINSTER
PLANNING Date Classification APPLICATIONS SUB For General Release COMMITTEE 26 May 2020 Report of Ward(s) involved Director of Place Shaping and Town Planning Vincent Square Subject of Report Development Site At Millbank Complex, 21 - 30 Millbank, London, SW1P 4QP Proposal Variation of Conditions 1 and 43 of planning permission dated 28th June 2016 (15/07756/FULL) for ‘Refurbishment and replacement of facades and erection of 2 additional floors and plant enclosure to both Millbank Tower and 1 additional floor to the Y buildings; excavation of basement levels; demolition of rear car park in association with re- landscaping and reconfiguration of wider site; all in association with the use of the Tower as 207 private residential flats (Class C3) and Skybar (ancillary to adjacent Class C1), the south podium and part of tower as an arts / cultural facility (Class D1) and the north podium and Y buildings as a hotel (Class C1) with restaurant, bar and café at ground floor level. Use of roof of podium building as a terrace with associated alterations' NAMELY to allow changes to list of approved plans to allow an increase in number of hotel bedrooms from 150 to 232, complete demolition and rebuilding of the prow to allow for reconfiguration of arts/cultural facility, amendments to the residential mix/layouts in the tower, re-configuration of basement car parking and servicing area, adjustments to landscaping and associated amendments. Agent DP9 On behalf of Basio Holdings Ltd Registered Number 18/09095/FULL and Date amended/ 18/09096/LBC completed 24 October 2018 Date Application 24 October 2018 Received Historic Building Grade Grade II Conservation Area Millbank
1. RECOMMENDATION
Recommendation 1. Grant conditional permission subject to the views of the Mayor and subject to a deed of variation to the S106 legal agreement dated 28th June 2016 (ref 15/07756/FULL) to secure:
The draft ‘Heads’ of agreement are proposed to cover the following issues:
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i. The provision of a cultural facility on a 125 year lease with a peppercorn rent for 50 years, with the end user to be agreed by the City Council prior to the occupation of the cultural facility; ii. A contribution of £2.5million (index linked) towards the fitting out of the cultural facility to be paid prior to the proposed occupier of the cultural facility starting its works to fit out the proposed cultural facility; iii. The provision of a publicly accessible 'Skybar' with no admission fee; iv. Costs of all highway works surrounding the site required for the development to occur including vehicle crossovers, changes to on-street restrictions, returning the footway on Thorney Street and footway repaving; v. Provision of public art to the sum of £100K (index linked); vi. Comply with the Council's Code of Construction Practice, to provide a Site Environmental Management Plan and provide a financial contribution of £110,000 (£55,000 per annum based on 2 year demolition / construction period) prior to commencement of demolition to fund the Environmental Inspectorate and monitoring by Environmental Sciences officers; vii. A payment of £59,115.84 (index linked and payable on commencement) towards Employment, Training and Skills Development; viii. Costs of monitoring the S106 agreement; ix. Unallocated parking. x. A payment of £619,000 towards Carbon Offset (index linked and payable on commencement) xi) A payment of £1,685,577 towards the council’s affordable housing fund (index linked and payable on commencement of development) with a late stage review mechanism.
The applicant has requested that the payment towards carbon offset is split 50:50 on commencement and prior to occupation. Whilst this request is noted our normal policy is for planning obligation payments to be made on commencement to allow for the carbon offsetting projects to be planned so that they can be in place prior to the occupation of the development.
2. If the S106 legal agreement has not been completed within six weeks of the date of the Committee resolution (7 July 2020) 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. Grant conditional listed building consent 4. Agree the reasons for granting listed building consent as set out in Informative 1 of the draft decision letter.
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2. SUMMARY
The Millbank Tower complex is made up of three main components; the tower; the ‘Y-shaped’ building and the podium. The building is listed grade II. The complex is currently in office use, with some bar, restaurant and cafe uses within the podium and some entertainment uses within the tower at second and twenty ninth floors.
The site is located outside of a designated conservation area but is within the Core Central Activities Zone (CAZ) and the Millbank Strategic Cultural Area. The site falls within Flood Zone 3 (Rapid Inundation Zone).
Millbank Court is a residential block of flats built at the same time as the Millbank Tower complex and located to the rear of the site on John Islip Street. Millbank Court which is under separate ownership, is separated from the Millbank Tower complex by a multi-storey car park and an area of landscaped open space.
Planning permission and listed building consent were granted on 28 June 2016 for significant refurbishment, alteration and extension of the buildings on the site in connection with the change of use to provide 207 private residential flats within the tower, a 150 bedroom hotel within the podium and ‘Y-shaped’ building and an arts/cultural facility (D1) within the podium and part of the tower. The scheme included the excavation of basements, re-cladding of the buildings, demolition works, re- landscaping and extension of the tower by two storeys (plus plant room) and one storey to the ‘Y- shaped’ building. A certificate of lawfulness granted on 25 June 2019 confirms the lawful implementation of this planning permission. This permission is referred to as the extant planning permission in this report.
A s96A (non-material amendment) application was approved on 16 March 2020 to amend the description of development to the extant planning permission, namely to remove reference to the number of bedrooms proposed in the hotel and to add a new condition to state 'The proposed development shall provide the following in accordance with the plans hereby approved: a 150- bedroom hotel (Class C1)'.
The revisions to the extant permission have been submitted as a s73 application under the Town and Country Planning Act 1990 (as amended) to vary conditions 1 and 43 of the extant planning permission (also known as a minor material amendment application). The amendments sought include changes to the layout and mix of the residential units within the tower, (the number of residential units to remain at 207), additional demolition work and excavation to the prow, an increase in the size of the hotel (hotel bedrooms to increase from 150 to 232.) and amendments to basement servicing, basement car parking and landscaping.
The key issues with this application are: * The impact of the additional demolition of the prow on the special character of the Millbank complex; * The reassessment of the amendment application against our affordable housing policies; * The impact of the proposed amendments to the hotel on the amenity of nearby residents; and * The impact of the proposed amendments on parking and servicing.
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Objections have been received to the amendment application on the grounds of loss of office floorspace and that the proposed residential use is contrary to Policy S20 of the City Plan. However, permission has previously been granted for the change of use from office to residential and the extant permission is a significant material consideration. Given that the amendment application is substantially similar to the extant planning permission in terms of the loss of office accommodation, the proposal is considered acceptable in land use terms.
A letter of support has been received from University of Arts London stating that the BFI would be a welcome addition to Millbank and would strengthen the local cultural offer considerably.
The changes to residential layout and mix of the residential flats complies with policy and is considered acceptable. The financial viabilty of the amendment application has been retested and full details of this are set out in the main report. In summary it has been concluded that the scheme can support a payment of £1.685m in lieu of affordable housing. It is recommended this is secured through a S106 deed of variation.
The design conclusions for the extant scheme were that some of the works proposed lead to less than substantial harm to the heritage asset of the Millbank Complex within the terms of the guidance in the NPPF. However, it was concluded that the public benefits associated with the extant planning permission scheme would outweigh the less than substantial harm generated within the terms of the NPPF. It is considered that the additional demolition to the prow proposed as part of the amendment application to allow the British Film Institute to occupy the cultural use as their Future Film Centre would also lead to less than substantial harm to the heritage asset. However, it is also considered that the public benefits associated with scheme would outweigh the less than substantial harm generated within the terms of the NPPF, namely the renovation of the building complex, the removal of the car park deck, the improved public realm and landscaping, the provision of a major cultural facility at a peppercorn rent for 50 years (with £2.5million towards fitting out), and free public access to the ‘Sky bar’. Details of how the BFI intend to use the cultural space are set out in the main report.
The principle of providing a hotel within the Y building and podium has been agreed as part of the extant planning permission. The amendment application seeks to increase the size of the hotel with an additional 4265sqm of hotel floorspace and to increase the number of bedrooms from 150 to 232. Given that the hotel retains adequate on-site facilities, including basement servicing, spaces for the setting down and picking up of visitors by taxis and coach parking on Millbank and that conditions are recommended to control the hours of operation of the ‘Sky bar’ and hotel gardens, it is not considered that the larger hotel that forms part of the amendment application will cause adverse environmental and traffic effects or cause harm to residential amenity of neighbouring occupiers.
Other than minor works to the prow and to the hotel plant room on the Y building, the amendment application remains substantially similar to the extant planning permission in terms of height, bulk and massing. On this basis the impacts to residents of Millbank Court in terms of loss of daylight, sunlight and privacy remain the same as with the previously approved scheme.
In all other respects the scheme remains similar to the extant planning permission. Minor changes are proposed to basement servicing, basement car parking and landscaping. However, for the reasons set out in the main report these are considered acceptable in policy terms.
Letters of objection have been received to the scheme from residents of Millbank Court, from the
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Millbank Court Management Company, from an occupier of Millbank Tower and from the Thorney Island Society largely on amenity, design and land use terms. For the reasons set out in the report a refusal on these grounds is not considered reasonable. Concerns have also been raised as to whether the scope of the amendments proposed could be considered to fall within a minor material amendment (s.73) application. Officers are satisfied that the proposed changes in the amendment application do not amount to a fundamental alteration to the extant scheme and so can be considered as a minor material amendment. The changes have been assessed under current policy including the affordable housing through the submission of an updated financial viability report.
For the reasons set out in this report, the proposed development accords with the relevant policies within the Unitary Development Plan adopted in January 2007 (the UDP) and Westminster’s City Plan adopted in November 2016 (the City Plan). As such, it is recommended that planning permission is granted, subject to the conditions set out in the draft decision letter and the completion of a deed of variation to the legal agreement dated 28th June 2016 secured under the extant planning permission. (ref 15/07756/FULL).
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3. LOCATION PLAN
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This production includes mapping data licensed from Ordnance Survey with the permission if the controller of Her Majesty’s Stationary Office (C) Crown Copyright and /or database rights 2013. All rights reserved License Number LA 100019597
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4. PHOTOGRAPHS
Satellite image of Millbank
Complex showing the tower, the Y building and the podium. Millbank Court sits to the rear.
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View of Millbank Tower from rear
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View of rear showing existing service road and rear elevation of Y building.
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5. CONSULTATIONS
Ward Councillors for Vincent Square Request that this application be referred to committee for determination.
Historic England Do not wish to offer any comments.
Historic England (Archaeology) The development could cause harm to archaeological remains and field evaluation is needed to determine appropriate mitigation. A two-stage archaeological condition could provide an appropriate safeguard. This would comprise evaluation to clarify the nature and extent of surviving remains followed if necessary by a full investigation.
Environment Agency (Thames Region) No objection to the proposed variation of condition. Westminster City Council is the competent authority on matters of evacuation or rescue and therefore should assess the adequacy of the evacuation arrangements.
Transport for London The residential car parking is excessive. It should be revised to Draft London Plan policy which in this location should be car-free with blue badge provision only. TfL does not support the re-provision of car parking to Millbank Court. Any car parking proposed should incorporate 20% active and 80% passive Electric Vehicle Charging Points. The cycle parking should be updated to reflect Draft London Plan policy. A Delivery and Servicing Plan and Construction Logistics Plan should be secured by condition.
Greater London Authority London Plan and draft London Plan policies on the CAZ; culture; employment; housing; affordable housing; urban design; historic environment; inclusive design; transport; and climate change, are relevant to this application. The application does not fully comply with the London Plan and the draft London Plan in terms of Climate change (Further information regarding energy efficiency and renewable energy is required, Transport (the proposed level of car parking is excessive).
Port of London Authority No objection in principle to the variation of condition 1. However, the PLA considers that an updated Travel Plan should consider measures to promote riverbus services.
Natural England No comment to make on the variation of condition 1.
Highways Planning Team - City Highways No objections to the amended car parking, cycle parking or servicing arrangements. The reduction in available parking to Millbank Court residents is considered acceptable given the circumstances of the case.
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Waste Project Officer No objections subject to attaching waste condition.
Arboricultural Section Objects to the loss of trees from the site and to the design of the new landscaped areas which will be provided in discrete areas of raised planters and small individual planters. It is suggested that details of tree protection, landscaping and green roofs are reserved by condition and a section 106 agreement to provide offsite tree planting is secured.
Thames Water Utilities Ltd Any response to be reported verbally.
Designing Out Crime Any response to be reported verbally.
London Borough Of Lambeth No objection
Thorney Island Society • Disappointed there has been no change to the mix of residential units • It is extremely difficult to assess how the windows on the building will look in reality and in comparison to the present appearance of the facades. • The rebuilding of the prow is inevitable with such a radical reconfiguration of the interior. We are concerned that the double height space will be conspicuously different from the rest of the façade. • Comment that the glazing in the prow is shown as clear in contrast to the existing tinted glass (the glass should be the same as on the rest of the façade), the new hotel windows and the extended plinth below are out of sympathy with the sleek Modernist style of the building and will the reduction in Millbank Court parking spaces affect demand on local streets?
National Rivers Authority Any response to be reported verbally.
London Rivers Association Any response to be reported verbally.
Building Control - Development Planning Any response to be reported verbally.
National Planning Casework Unit Any response to be reported verbally.
Westminster Society Any response to be reported verbally.
ADJOINING OWNERS/OCCUPIERS AND OTHER REPRESENTATIONS RECEIVED
No. Consulted: 235 Total No. of replies: 11
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No. of objections: 10 No. in support: 1
Letters of objection have been received from individual Millbank Court residents, from the Freeholder and Management Company of Millbank Court and from a commercial occupier of the 20th floor of Millbank Tower. The letters raise the following issues:
Amenity • Loss of sunlight and loss of outlook to Millbank Court residents from the additional height. • Additional noise and disturbance from the hotel. • The additional hotel bedrooms would bring about undesirable impacts on the amenity enjoyed by the residents of Millbank Court from additional servicing, late night arrivals, taxis, coaches and late night functions.
Design • The extra height and the intensification of uses will harm the listed building.
Land Use • There has been a substantial change in the adopted development plan policy since the previous consent was granted. e.g. Policy S20 Offices and other B1 Floorspace. • The council should consider development plan policies that have changed significantly since the grant of the original permission. Protecting office space from being converted to residential use is a significant change and one that is fundamental to the scheme irrespective of whether an existing permission exists. • Do not believe that there are any benefits associated with the proposals, as required by S20, which outweigh the significant impact the proposals will have on the economy. • A new application would not be acceptable today as the scheme proposes the loss of existing office space and the absence of any affordable homes. • Proposal will intensify impact e.g. additional hotel bedrooms, smaller residential units and increased leisure facilities. • The use of the cultural facility by the BFI appears to be more like a D2 use than a D1 use and the screenings are likely to lead to the potential for noise and disturbance. • Further details on the proposed BFI use are required.
Procedure • The changes requested under the variation of condition are too substantial / fundamental to be carried out under a Section 73 application. e.g. increase in hotel bedrooms from 150 to 232 (50% increase). • The changes should be considered as a new planning and listed building application and not an amendment. • If a new planning application is not considered necessary all aspects of the scheme should be considered in light of current policies which have evolved since 2016.
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Other • There has been at least 5 years consecutive building noise pollution in the area. e.g. On Horseferry Road. • The approved scheme is not implementable.
Support One letter of support has been received from the University of the Arts (UAL). This letter states that the proposed cultural facility would be a very welcome addition to Millbank and it would strengthen the local cultural offer considerably. The grouping of the BFI alongside the UAL would create a very compelling cultural destination to Londoners covering a broad range of cultural interest.
PRESS ADVERTISEMENT / SITE NOTICE: Yes
6. BACKGROUND INFORMATION
6.1 The Application Site
The Millbank Tower complex is made up of three main components; the tower; the ‘Y- shaped’ building and the podium. The building is listed grade II. The complex is currently in office use, with some bar, restaurant and cafe uses within the podium and some entertainment uses within the tower at second and twenty ninth floors.
The site is located outside of a designated conservation area but sits between Smith Square Conservation Area to the north and Millbank Conservation Area to the south. The complex is also prominent in backdrop views of the Westminster World Heritage Site, (Palace of Westminster and Westminster Abbey including St Margaret’s Church).
The site is within the Core Central Activities Zone (CAZ), the Millbank Strategic Cultural Area and Flood Zone 3 (Rapid Inundation Zone).
Millbank Court is a residential block of flats built at the same time as the Millbank Tower complex and located to the rear of the site on John Islip Street. Millbank Court which is under separate ownership, is separated from the Millbank Tower complex by a multi- storey car park and an area of landscaped open space. There is however a dedicated access point from the Millbank Court forecourt to the multi-storey car park.
6.2 Recent Relevant History
20/00947/NMA Amendments to planning permission dated 26 June 2016 (RN: 15/07756) for Refurbishment and replacement of facades and erection of 2 additional floors and plant enclosure to both Millbank Tower and 1 additional floor to the Y buildings; excavation of basement levels; demolition of rear car park in association with re-landscaping and reconfiguration of wider site; all in association with the use of the Tower as 207 private residential flats (Class C3) and Sky bar (ancillary to adjacent Class C1), the south podium and part of tower as an arts/ cultural facility (Class D1) and the north podium and Y buildings as a 150 bedroom hotel (Class C1) with restaurant, bar and cafe at ground floor level. Use of roof of podium building as a terrace with associated alterations, NAMELY, to amend the description of development to the following: 'refurbishment and
Page 79 Item No. 2 replacement of facades and erection of 2 additional floors and plant enclosure to both Millbank Tower and 1 additional floor to the Y buildings; excavation of basement levels; demolition of rear car park in association with re-landscaping and reconfiguration of wider site; all in association with the use of the Tower as 207 private residential flats (Class C3) and Sky bar (ancillary to adjacent Class C1), the south podium and part of tower as an arts / cultural facility (Class D1) and the north podium and Y buildings as a hotel (Class C1) with restaurant, bar and café at ground floor level. Use of roof of podium building as a terrace with associated alterations' and that a new condition be added to the planning permission to state 'The proposed development shall provide the following in accordance with the plans hereby approved: o 150-bedroom hotel (Class C1)'. Agree non-material amendment 16 March 2020
19/03492/CLEUD Confirmation of lawful implementation of planning permission dated 28 June 2016 (RN: 15/07756/FULL) for the: Refurbishment and replacement of facades and erection of 2 additional floors and plant enclosure to both Millbank Tower and 1 additional floor to the Y buildings; excavation of basement levels; demolition of rear car park in association with re-landscaping and reconfiguration of wider site; all in association with the use of the Tower as 207 private residential flats (Class C3) and Sky bar (ancillary to adjacent Class C1), the south podium and part of tower as an arts/ cultural facility (Class D1) and the north podium and Y buildings as a 150 bedroom hotel (Class C1) with restaurant, bar and cafe at ground floor level. Use of roof of podium building as a terrace with associated alterations. Grant certificate 25 June 2019.
18/07687/EIASCO Request for scoping opinion for Variation of Condition 1 of planning permission dated 26 June 2016 (15/07756/FULL), NAMELY to allow changes to list of approved plans to allow an increase in number of hotel bedrooms from 150 to 232, re-configuration of the arts/cultural facility within the prow, amendments to the residential mix/layouts in the Tower, adjustments to landscaping and associated amendments pursuant to Regulation 15 of the Town and Country Planning (Environmental Impact Assessment) Regulations 2017. Observations issued on applicant's scoping report 6 November 2018
15/07756/FULL & 15/09739/LBC Refurbishment and replacement of facades and erection of 2 additional floors and plant enclosure to both Millbank Tower and 1 additional floor to the Y buildings; excavation of basement levels; demolition of rear car park in association with re-landscaping and reconfiguration of wider site; all in association with the use of the Tower as 207 private residential flats (Class C3) and Sky bar (ancillary to adjacent Class C1), the south podium and part of tower as an arts/ cultural facility (Class D1) and the north podium and Y buildings as a 150 bedroom hotel (Class C1) with restaurant, bar and cafe at ground floor level. Use of roof of podium building as a terrace with associated alterations. Application Permitted 28 June 2016
Discharge of Planning Conditions A number of planning conditions have been discharged relating to the extant planning permission 15/07756/FULL and the listed building consent 15/09739/LBC
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17/10149/ADFULL Details of contaminated land investigation report (Phase 1 site history and environmental information) pursuant to Condition 40(1). Permitted 27.11.2017
17/10726/ADFULL Details of written scheme of investigation for a programme of archaeological work pursuant to Condition 39(a). Permitted 22.12.2017
18/01430/ADFULL Details of Trees Method Statement pursuant to conditions 35 and 37 (a) Permitted 27.04.2018
18/04762/ADFULL Details of Ground Investigation and Contaminated Land pursuant to Condition 40 (Phase 2) Permitted 18.09.2018
18/08015/ADFULL & 18/08016/ADLBC Samples of facing materials, detailed drawings of typical bay of both the tower and Y building facades and details of cladding system pursuant to conditions 4,5,7 of the planning permission and 5,6,8 of the listed building consent. Permitted 19.11.2018
19/00492/ADFULL Details of ground investigation and contaminated land assessment (remediation strategy) pursuant to condition 40 (phase 3) Permitted 13.02.2019
7. THE PROPOSAL
Table 1 Land Use Mix Existing Consented Revised Change from Land Use GEA scheme scheme GEA consented (sqm) (GEA) (sqm) (sqm) (sqm) Offices (B1) 57,453 0 0 0 Restaurant 541 0 0 0 (A3) Event Space 4,458 0 0 0 (Sui Generis) Cultural (D1) 0 5,474 4,624 -850 Hotel (C1) 0 20,242 24,507 4265 Residential 0 45,190 43,599 -1591 (C3) Total 62,453 70,906 72,730 1824
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A minor material amendment (MMA) application has been submitted under s73 of the Town and Country Planning Act 1990 (as amended) to vary conditions 1 and 43 of planning permission dated 26 June 2016 (15/07756/FULL). The permission which is to be varied has been implemented and is therefore extant. A s19 application has been sought for changes to the approved listed building consent (15/09739/LBC). One of the key drivers for the revised scheme is a change to the intended occupier of the cultural space. At the time planning permission was granted in June 2016 a specific user for the Class D1 cultural space had not been confirmed, whereas now the British Film Institute (BFI) is the preferred partner to occupy the space.
The main amendments sought under the s73 and s19 applications are:
• A revised residential layout and unit mix in the tower with the number of residential units remaining at 207. • Additional demolition and excavation works to the prow to meet the BFI’s specific requirements. • An increase in the size of the hotel and in the number of hotel rooms from 150 to 232 to meet the requirements of the hotel operator. • A reduction in the size of the basement for servicing and parking. The number of residential parking spaces to be reduced from 224 to 208. • Increase in the size of the plant room to the roof of the Y-Building. • Changes to the landscaping design.
8. DETAILED CONSIDERATIONS
8.1 Land Use
Loss of office use The extant planning permission includes the change of use of the tower from B1 office use to C3 residential use. The justification given by the applicant at the time the extant planning permission was granted was that the current office accommodation was outdated, and the building was in need of refurbishment, particularly with the external cladding of the building coming to the end of its life. The applicant considered at the time that the requirement to refurbish represented an opportunity for altering the mix of uses across the site.
The policy context with regard to the loss of office accommodation in the Core CAZ has changed since the granting of the extant planning permission. Policy S20 [Offices and other B1 Floorspace] of the City Plan dated November 2016 states that “Inside the Core Central Activities Zone…….changes of use from office to residential or replacement of office floorspace with residential floorspace will only be acceptable where the council considers that the benefits of the proposal outweigh the contribution made by the office floorspace, including:
1. the degree to which the employment and housing targets set out above, and as referred to in Policies S18 and S14, or in the case of the Victoria and Paddington Opportunity Areas, the targets set out in Policies S3 and S4 are being achieved; 2. the extent to which the office floorspace contributes to meeting Westminster’s business and employment needs; and
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3. the extent to which the mix of type, size and tenure of housing proposed meets or exceeds Westminster’s needs. Where this is not met due to site constraints and/or viability, the floorspace will be retained as B1 office floorspace.”
Objections have been received to the amendment application on the grounds of loss of office floorspace and that the proposed residential use is contrary to Policy S20. These objections are understood however permission has previously been granted for the change of use from office to residential and the extant permission is a significant material consideration. Given that the amendment application is substantially similar to the extant planning permission in terms of the loss of office accommodation, the proposal is considered acceptable in this instance. A refusal on the basis of loss of office accommodation in the Core CAZ could not therefore be justified.
Residential use The principle of providing 207 units of residential accommodation with the tower has already been established by the extant planning permission. The policy context for providing new residential units has not substantially changed since the extant permission. The provision of new residential accommodation is supported by Policies S14 of the Westminster City Plan: Strategic Policies and H3 of the UDP. The 207 residential units proposed will help the council achieve and exceed its borough housing target set out in the London Plan. Table 1 indicates that the amendment application proposes a small reduction in the amount of residential floorspace compared to extant scheme, however, there is no change proposed to the number of units.
The amendment application proposes changes to the residential mix which are set out in Table 2 below.
Table 2: Residential mix Units (Mix) Extant permission Amendment application 1 bed 77 (37%) 71 (34%) 2 bed 96 (46%) 96 (46%) 3 bed 30 (15%) 36 (17%) 4 bed 4 (2%) 4 (2%) Total 207 207
City Plan Policy S15 states that “Residential developments will provide an appropriate mix of units in terms of size, type and affordable housing provision to contribute towards meeting Westminster’s housing needs, and creating mixed communities.” UDP Policy H5 requires the provision of an appropriate mix of units sizes in new housing schemes with at least 33% family-sized (i.e. 3+ bedrooms). Paragraph 3.74 of the UDP acknowledges that a lower level of family accommodation may be acceptable in some circumstances.
The residential mix in the amendment application is substantially similar to the extant planning permission and is considered acceptable in policy terms. All of the proposed flats meet the requirements of National Housing Standards in terms of their floorspace. There will be a small increase in the number of family sized units as part of the amendment application which is welcome.
The residential flats are to have openable windows, however, given the potential overheating issues raised comfort cooling is to be provided. Environmental Health has advised that mechanical ventilation should have sufficient air changes to ensure that
Page 83 Item No. 2 properties will not overheat. It is recommended that an overheating assessment is secured by condition so that this issue can be examined in more detail.
The arrangements for providing amenity space for future occupiers are similar to those approved as part of the extant planning permission. The communal space is to be provided in the rear garden and at the podium level. The podium will also provide private terraces for those flats that open out at the podium level. Policy 3.6 and Policy S4 of the draft London Plan seek to ensure that development proposals include suitable provision for play and recreation, and incorporate good quality, accessible play provision for all ages, of at least 10 square metres per child. Details of playspace have not been provided with the application therefore it is recommended that full details of playspace is secured by condition.
Affordable Housing The extant planning permission was assessed under policies H4 of the UDP, S16 of the City Plan and the City Council’s Interim Guidance Note on Affordable Housing (November 2015) however the applicant made a viability argument that the scheme could not support any affordable housing contribution, either on site, off site or through a payment in lieu. At the time the City Council’s independent consultants, Lambert Smith Hampton, reviewed the findings of the applicant’s viability case and concluded the findings to be reasonable. The existing use value, along with the exceptional costs associated with restoration of the listed building, and the delivery of the proposed cultural facility, were accepted as fundamental constraints on the delivery of affordable housing. A policy compliant affordable housing contribution for the extant planning permission was 25% affordable housing floorspace equating to 11,298sqm or 141.2 affordable units on site. A policy compliant payment in lieu of affordable housing for the extant planning permission was £57,352,792.
The policy context for securing affordable housing remains similar to that in place for the extant planning permission, namely London Plan Policy 3.12 ‘Negotiating Affordable Housing’, Policy H4 of the UDP, Policy S16 of the City Plan and Interim Guidance Note on Affordable Housing (November 2015). Policy S16 requires this affordable floorspace to be provided on-site. Only where the council considers that this is not practical or viable, affordable housing should be provided off-site in the vicinity. Off-site provision beyond the vicinity will only be acceptable where the council considers that the affordable housing being offered is greater and of a higher quality than would be possible on or off-site. A financial contribution in lieu will only be acceptable where the above options are not possible.
In June 2017 the council issued its Interim Statement of our new approach to Housing Delivery. This set out that in terms of the affordable housing cascade set out in Policy S16, the council’s aim is to see more actual delivery of affordable homes, rather than payments in lieu. In August 2017 the GLA adopted its Affordable Housing and Viability Supplementary Planning Guidance in August 2017. Under the SPG schemes that do not provide 35% affordable housing or meet other relevant policy criteria, or that provide off- site or cash in lieu contributions, must follow the Viability Tested Route and are subject to viability scrutiny and late, as well as early, review mechanisms
The applicant has provided a financial viability report with the amendment application. This concludes that once again the proposal cannot support any affordable housing
Page 84 Item No. 2 contribution for the same reasons given for the extant planning permission. A policy compliant affordable housing contribution would be 25% affordable housing floorspace on site which equates to 10,900sqm or 136 affordable housing units. A policy compliant payment in lieu for the amendment application would be £55,087,336.
The council once again appointed Lambert Smith Hampton (LSH) as viability consultants to assess the applicant’s financial viability report and the application has been the subject of detailed viability discussions with the GLA. LSH have concluded that the scheme can afford to make an affordable housing contribution of £1,685,577. LSH conclude that it would not be viable for the payment in lieu to be replaced by on-site affordable housing. This is a very high value scheme with high average private residential values which means that it would produce only 2 to 3 units of affordable for the equivalent payment in lieu. Such a low number of units is unlikely to be economic for any Registered Provider to manage. The provision of the cultural facility has once again resulted in increased development costs, which have been included within the viability assessment submitted with the application. LSH recommend that a Late Stage Review is undertaken, as per the Mayor’s SPG. This is because of possible significant cost savings if the kitchen in the basement area is not built out or if revenue increases. The conclusions of the LSH viability review have been shared with the GLA. The applicant has advised the council that, whilst they do not agree with the conclusions of the LSH report, they are focused on bringing discussions on the amendment application to a conclusion and are prepared to make an affordable housing payment of £1,685,577. This can be secured through the S106 deed of variation.
Hotel Use The principle of providing a hotel within the Y building and podium has been agreed as part of the extant planning permission. The approved hotel had 150 bedrooms with ancillary café, restaurant and 520sqm ‘Sky bar’ bar/restaurant facility (with outside terrace) at 35th floor level and a small hotel terrace at ground level. The amendment application seeks to increase the size of the hotel with an additional 4265sqm of hotel floorspace and to increase the number of bedrooms from 150 to 232. The amendments proposed include an increase in back of house functions at basement level, a more generous lobby and café at ground floor level, the expansion of the hotel into the podium to displace the business centre and the previously approved cultural use, the provision of a dedicated spa entrance at ground floor level and the provision of an additional hotel garden to the north of the Y building. The hotel proposed as part of the amendment application will also include similar ancillary facilities that were also provided as part of the extant scheme, namely a café, restaurant and bar use at ground floor level and the ‘Sky bar’ at 35th floor level.
The main policies relating to new hotel accommodation are TACE 2 within Westminster's UDP and S23 within Westminster's City Plan. Although the size of the hotel has increased, the hotel retains adequate on-site facilities, including basement servicing, spaces for the setting down and picking up of visitors by taxis and coach parking on Millbank. The Highways Planning Manager does not object to the servicing strategy for the hotel use. Given that the proposed ancillary entertainment facilities are substantially similar to those approved as part of the extant planning permission, they are once again considered acceptable in principle as part of the current scheme. Conditions are once again proposed to restrict the opening hours of the ‘Sky bar’ to between 7am and 2am and the hotel garden areas to between 7am and 10pm. It is considered that with these
Page 85 Item No. 2 conditions and with conditions to secure the details of kitchen extract facilities, the amendment application complies with Policies TACE 2 and TACE 8-10 of the UDP and Policy S23 of the City Plan. On this basis it is considered that the larger hotel that forms part of the amendment application will not cause adverse environmental and traffic effects or cause harm to residential amenity of neighbouring occupiers, including those within Millbank Court.
It is recommended that the S106 deed of variation once again secures public access to the 'Sky bar' with no admission fee.
Cultural use The extant planning permission included a cultural use within Class D1. This was originally designed to be the Holocaust Memorial Centre, however, shortly before the planning application for the extant scheme was submitted, this offer was withdrawn. At the time the permission was granted for the extant scheme the occupier of the cultural facility was unknown. The S106 Agreement linked to the extant planning permission secured the provision of the cultural facility on a 125 year lease with a peppercorn rent for 50 years, with the end user to be agreed by the City Council and a contribution of £2.5million (index linked) towards the fitting out of the cultural facility.
The amendment application once again includes a cultural use although its location within the building and its layout has been reconfigured. This is because the proposed cultural facility has been designed to accommodate the requirements of the British Film Institute’s (BFI) Future Film Centre who are now intended to occupy the space.
The principle of providing a cultural facility within the development is once again considered acceptable given the extant planning permission. The site is located within the Millbank Strategic Cultural Area and Policy S6 (Core Central Activities Zone) of the City Plan states that ‘Development sites within the Millbank Strategic Cultural Area between Lambeth and Vauxhall bridges will deliver a mix of uses including those that support culture and the creative industries ‐ including arts and cultural uses, affordable business floorspace, workshops and studios’. As part of the extant planning permission, the cultural facility was located in the prow and part of the first and second floors of the tower whereas now the facility is to be located exclusively within prow at basement and ground to third floor levels. The occupation of the cultural facility by the BFI will require additional demolition and basement excavation works to accommodate an auditorium and to ensure the space is fit for purpose (see Section 8.2).
The BFI Future Film Centre will be open to members of the public and will provide space for exhibitions, talks, an auditorium for film screenings and a café. A more private space will allow the BFI to develop its Future Film Academy which includes film making workshops and editing facilities to support the British Film Institute’s (BFI) ‘Future Film Institute’. The BFI state that the Future Film Centre will not replace their premises on the South Bank and that it is not their intention to show commercial films from the auditorium on a regular basis. Whilst the use of the proposed cultural facility by the BFI is considered acceptable, it is recommended that full details of how the cultural facility is to be used and managed including details of opening hours and levels of public access are set out in an Operation Management Plan to be secured by condition. A letter of support has been received from University of Arts London stating that the BFI would be a welcome addition to Millbank and would strengthen the local cultural offer considerably.
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Policies S22 of the City Plan and TACE 5 of the UDP state that new arts and cultural uses will be granted in the Core CAZ where they would be compatible with the character and function of the area, there would be no adverse effects on residential amenity and no adverse environmental or traffic effects. The proposed cultural facility is to be smaller than the one approved as part of the extant planning permission and given that the area is predominantly commercial in character and the site is located within the Core CAZ, the amendment application is considered to comply with these policies and is welcomed in land use terms. As the provision of the cultural facility impacts on the viability of the scheme it is necessary to ensure that this facility is secured. It is therefore recommended that the deed of variation secures the cultural facility on similar terms agreed as part of the extant scheme, namely the provision of the cultural facility on a 125 year lease with a peppercorn rent for 50 years and a contribution of £2.5million (index linked) towards the fitting out of the cultural facility.
8.2 Townscape and Design
Section 16 of the Planning (Listed Buildings and Conservation Areas) Act 1990 requires that “In considering whether to grant listed building consent for any works the local planning authority or the Secretary of State shall have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses.”
Whilst there is no statutory duty to take account of effect on the setting of a conservation area, Policy DES 9 (F) in the UDP requires that where development will have a visibly adverse effect upon a conservation area’s recognised special character or appearance, including intrusiveness with respect to any recognised and recorded familiar local views into, out of, within or across the area, it will not be permitted.
Furthermore Chapters 12 and 16 of the NPPF require great weight be placed on design quality and the preservation of designated heritage assets including their setting. Chapter 16 of the NPPF clarifies that harmful proposals should only be approved where the harm caused would be clearly outweighed by the public benefits of the scheme, taking into account the statutory duty to have special regard or pay special attention, as relevant. This should also take into account the relative significance of the affected asset and the severity of the harm caused.
Introduction The Millbank Complex was designed by Ronald Ward and Partners and completed in 1963 and, when built, was the tallest building in London. It is generally considered one of the most significant 1960’s developments in London and was listed grade II in 1995. Many consider it one of the finest podium and tower compositions in the world. The complex is located outside of a designated conservation area but sits between Smith Square Conservation Area to the north and Millbank Conservation Area to the south. The complex is also prominent in backdrop views of the Westminster World Heritage Site, (Palace of Westminster and Westminster Abbey including St Margaret’s Church).
The complex has a prominent position on a bend of the River Thames between the grade II listed Tate Gallery and the grade II listed Thames House. The complex makes a distinctive and confident statement to this established townscape and the entire riverfront composition is best admired from the south bank of the river. From here, it is
Page 87 Item No. 2 apparent that the step down in height from the adjacent Thames House is significant and designed to break the uniformity of height and scale of the 1920’s office developments to the north. The tower, the Y building and the unifying element of the podium can be seen to be a carefully crafted composition designed to address the bend in the river and provide a “visual break” between the monolithic development to the north and the Tate Gallery to the south.
The buildings are concrete framed with applied cladding, one of the first such curtain wall designs to be built in the UK. The quality of construction was high, and the complex has been well-maintained over the years. However, after 50 years the original cladding and external framing is in need of replacement and that complete replacement is required to maintain a long term future for the building complex.
The extant planning permission was a result of collaboration with Westminster officers and other stakeholders, including Historic England. The policy context for the assessment of the amendment application is substantially the same as that for the extant planning permission and each element of the amendment application will be assessed in turn.
The extent of demolition The amount of demolition proposed is substantially similar to that proposed in the extant planning permission. The raised car park bounding Millbank Court and associated spiral ramp and small and very distinctive external stair to the south west side of the building are again proposed to be demolished in their entirety. The car park is of no interest and its removal is welcomed. Although the car park ramp has inherent architectural quality in its own right, its demolition formed part of the extant planning permission. The demolition of the external stair is to allow for fire engines to access the rear of the building as the width remaining between a new basement ramp and the building is insufficient to meet the requirements of fire access. The loss of the ramp and stair is once again considered to be harmful and their loss to be weighed against any public benefits that the scheme may bring.
The key additional area of demolition relates to the prow at the southern end of the site. The extant planning permission includes partial demolition of the prow including all facades, structural slabs and internal columns. The proposed areas of retained structure are a strip of slab flanking the outer edges of the prow and eight external columns. The amendment application seeks to remove these additional elements of the structure which in essence means that the prow will be demolished in its entirety. The additional demolition work proposed is to accommodate the operational requirements of the BFI. The additional demolition work proposed is harmful but in the context of the heritage asset and the extant permission it is considered to be less than substantial harm and this harm should be weighed against the public benefits of the proposal.
There is little internal fabric of any architectural or historic significance other than in the two ground level foyers where some original fabric remains and both foyers retain interiors which are sympathetic to the 1960’s period. A condition is attached which requires a full schedule of original fixtures and fittings to be made and arrangements to be made for their re-use in the building complex.
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The impact on views The amendment application once again proposes to increase the height of the tower by two additional storeys and the height of the Y building by one additional storey. The tower height is to increase by 6.2m, raising the height from 118m to 124m and the Y building from 33m to 36m. The detailing of the cladding to the top of the tower is replicated, albeit there will be a 2m high glass barrier to the ‘Sky bar’ terrace. The telecoms equipment and satellite dishes that currently disfigure the silhouette of the top of the building are again proposed to be removed and relocated within the plantroom screen or removed from the site completely.
The tower is visible from many viewpoints around the City, including from within the World Heritage Site. The applicant has provided extensive views analysis to assess the impact on these townscape views as part of the amendment application. Given that the additional height proposed in the amendment application has already been approved as part of the extant planning permission, the additional height proposed is considered acceptable in principle. In terms of the views analysis, the increase in height is apparent in most views but the impact is largely negligible. When seen against the clear sky, the increase is subtle and the improvement to the skyline from the removal of the telecoms equipment is more apparent than the increase in height. Where it is seen in the context of other buildings, for example LVMF View 18A.3, then the increase in height is more apparent. However, it is not considered that any of these views have major harm caused to them, though some are considered to cause minor harm (as in LVMF View 18A.3). This “less than substantial harm” will need to be considered with regard to any public benefits that the scheme may have. It should also be borne in mind that a considerable number of high towers at Vauxhall have been permitted which would also impact on many of these views, and some of these towers are currently under construction. The applicant has provided outlines of these consented schemes on their townscape impact views for information. In terms of impact on the World Heritage Site, the only new impact is shown in LVMF View 27B.2 from Parliament Square where the impact is so minimal and screened by trees (even in winter) that it is difficult to assess any impact. More distant views show a subtle increase in height but not to the extent that it could be considered harmful to these views. For the reasons set out above the changes to the setting of adjacent conservation areas are considered to be largely imperceptible and not harmful.
In terms of the Y building, the provision of an additional storey is considered acceptable given that it has already been approved as part of the extant planning permission. The key change with the amendment application is the proposal to increase the footprint of the roof top plant room by extending it rearwards by 4m. The Y building plays an important part in the proportions of the overall composition of the three building elements – podium, tower and Y building. This additional bulk proposed to the plant room does not impact on views and is considered acceptable. Overall the works proposed to the Y building, both in terms of the additional storey and to the plant room are considered acceptable in design and heritage terms.
As part of the rebuilding of the prow the amendment application proposes to increase the internal height of the prow’s lantern by 1m and to extend its footprint by approximately 3m. Whilst this will bring the lantern closer to the tower, the separation between the two elements will still be meaningful. The existing metal structure is to be retained and reused but the existing Reglit glass is to be replaced with cast glass. This
Page 89 Item No. 2 revision to the extant planning permission is considered acceptable in design and heritage terms and the details will be secured by condition.
The external cladding The existing cladding is original to the building and is of great subtlety and historic interest as one of the first such cladding systems in the UK. The tower and the Y building/podium have subtly different cladding systems. The cladding to the tower is characterised by the external vertical rails in stainless steel with every fifth one being a different dimension and in bronze which was designed to take the window cleaning cradle. This provided an extremely subtle pattern across the façade of the tower. The glazing system was then hung behind this. The concave and convex faces of the building, allied with the single glazing and type of glass, provide extraordinary reflections of sky and water which was apparently an original design intention. The Y building and podium has a different system without the external mullions and with horizontal bands of glazing and mosaic panels to the spandrels. Both systems have similar glazed elements but there are subtle differences between the two.
As part of the approved scheme, permission and consent were granted to remove the external fabric of the building in its entirety and replace it with new. It was accepted that there was a strong evidence base to justify the removal and replacement of the existing cladding on both age and environmental performance grounds. The amendment application does not change this part of the approved scheme and once again proposes to replace the existing cladding. Since the extant permission and approved consent samples of facing materials, detailed drawings of typical bay of both the tower and Y building facades and details of cladding system have been submitted by the applicant and approved by the council (see history section). Full scale mock-ups of the bay panels have been viewed on-site by officers alongside the existing panels and were considered to be a good match for the existing. A condition is recommended to ensure the amendment application is carried out in accordance with these details approved. For the reasons set out above the proposal to remove the external fabric of the building in its entirety and replace it with new is again considered acceptable in design and heritage terms.
The Podium Roof and Public Realm As part of the extant planning permission the podium provides an area of communal amenity space, as a location for service ducts and small private terraces for some flats within the tower. This arrangement is proposed as part of the amendment application but with some minor changes, namely the residential terrace height has been dropped to ensure that the necessary balustrades remain at 1.01m above the height of the existing podium parapet, vertical glass screens are proposed to act as terrace wind mitigation measures and a small plant room is proposed at the back of the podium roof to serve the hotel.. These amendments are considered acceptable in design and heritage terms. The reconfiguration of the basement carparking proposed under the amendment application means the amount of landscaping at ground floor level is increased and more of the existing landscaped area and trees can remain. This is welcome in design terms and is considered to be an enhancement to the setting of the listed building.
Design Conclusions The design conclusions for the extant scheme were that the removal, of original cladding to the building, increase in height, loss of existing roof fabric, car park ramp and small
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stair to the south-west façade would lead to less than substantial harm to the heritage asset of the Millbank Complex within the terms of the guidance in the NPPF. However, it was concluded that the public benefits associated with the extant planning permission scheme would outweigh the less than substantial harm generated within the terms of the NPPF. The public benefits remain substantially similar with the extant scheme, namely the renovation of the building complex, the removal of the car park deck, the improved public realm and landscaping, the provision of a major cultural facility at a peppercorn rent for 50 years (with £2.5million towards fitting out), and free public access to the ‘Sky bar’. It is considered that the additional demolition to the prow proposed as part of the amendment application would also lead to less than substantial harm to the heritage asset. However, it is also considered that the public benefits associated with scheme set out above would outweigh the less than substantial harm generated within the terms of the NPPF.
8.3 Residential Amenity
Policy ENV13 of the UDP and S29 of the City Plan aim to safeguard the amenity of residents from the effects of new development with particular regard to overlooking, sense of enclosure and loss of daylight and sunlight. Objections to the amendment application have been received in relation to loss of light from residents to the west of the site in Millbank Court.
The extant scheme has permission for two additional storeys to the tower and one additional storey to the Y building. As part of the extant permission the applicant demonstrated with a daylight and sunlight assessment that all windows in Millbank Court pass the requirements set out by the Building Research Establishment. The amendment application does not propose any increase in height to the tower beyond that already approved under the extant planning permission. Small increases in bulk are proposed to the lantern to the prow and to the proposed plant room on the Y Building. However, it is not considered that these amendments will cause any significant harm to residential amenity in terms of sunlight, daylight or sense of enclosure. These proposed amendment application is therefore considered acceptable in residential amenity terms.
The impact on privacy as a result of the change of use to residential and hotel uses was assessed as part of the extant planning permission and was considered to be acceptable. Although the amendment application proposes changes to the mix and layout of the approved residential units and to the number of hotel bedrooms, it is not considered that this will have any significant impact to the privacy of Millbank Court residents. The nearest windows to Millbank Court will be in the rear elevation of the Y building which will serve hotel bedrooms. These windows will be partially obscured by the existing and extended stair core which runs up the full height of the Y building. As per the extant planning permission, a condition is recommended for windows in the west elevation of the Y building to be obscured in order to prevent overlooking. The detail of how the windows will be obscured will need to ensure that this does not have a negative impact on the fabric of the replacement cladding.
In relation to the proposed residential windows in rear of the main tower, it was considered as part of the extant planning permission that given the separation distance between the tower and Millbank Court, privacy measures were not required. It is
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considered that this approach still stands and the relationship between the tower and Millbank Court is acceptable, even with the revised residential layout.
The proposals again include the provision of balconies and a terrace at the base of the tower and above the podium at third floor level. In order to limit overlooking towards Thames House, access is not possible onto the flat roof at the northern end of the site. A condition is recommended to secure this arrangement. A condition is also recommended to ensure that planting within this area does not exceed 0.5m in height to ensure that should anyone use the area they will be readily visible.
8.4 Transportation/Parking
Servicing The servicing and car parking arrangements on the site remain similar to the extant planning permission. The amendment application still proposes an off-street servicing bay accessed via a ramp from Millbank. The size and layout of the servicing bay has been reconfigured and due to site constraints, the headroom has been reduced from 4.5m to 4m. This means that servicing vehicles over 8m in length and WCC refuse vehicles will not be able to use the facility. To facilitate occasional larger deliveries and residential refuse collection, it is proposed to create a facility at the top of the ramp for vehicles to load/unload and turn around. The Highways Planning Manager notes this change but considers this amendment to be acceptable. Based on the revised floor area, the amendment scheme is expected to generate a total of 88 deliveries a day. This is an increase of 12 trips compared to the extant planning permission which is considered acceptable.
The design of the new lane down to the basement remains as per the extant planning permission. It will operate two-way, but as it can only accommodate one vehicle at a time a signalised entry system is proposed with a lay-by located off the highway. It is recommended that the highway works on Millbank required to necessitate access into the basement are secured through a deed of variation to the S106 Agreement. It is also recommended that a Delivery and Servicing Management Plan (DSMP) is secured by condition. As per the extant planning permission a condition is recommended to ensure that no vehicles enter or exit the site from the Thorney Street side and a deed of variation to the legal agreement is recommended to secure removal of the existing footway crossover and its return to footway.
Car Parking The extant planning permission provided 224 car parking spaces for 207 residential flats managed through a valet parking system. The amendment application proposes 208 valet parked spaces arranged as both car stackers and conventional parking spaces. Parking is not proposed for the non-residential uses. The car parking arrangements are the same as previously approved with valet parking spaces provided on the forecourt so that residents can leave their cars off-street to be parked. The Highways Planning Manager does not object to the reduction in car parking spaces and considers the parking arrangements to be acceptable. A condition is recommended for the submission of a Car Park and Lift Management Plan to explain in detail how the valet system will work, including that car parking spaces will be unallocated, maintained for the life of development, how the spaces will cater for 100% electric vehicle charging points and how the lift maintenance schedule will seek to ensure as little downtime as possible.
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The extant planning permission re-provided 39 residential car parking spaces to be leased to Millbank Court residents and accessed from John Islip Street. Millbank Court residents also have access to 8 spaces within their own forecourt demise. The ground floor lobby and the 79 flats above comprising Millbank Court are outside the ownership of the Millbank Complex but were part of the original 1960s development. The basement and the remainder of the ground floor form part of the Millbank Tower Complex. The amendment application seeks to reduce the number of spaces available to Millbank Court residents to 21. The spaces in question are available to Millbank Court residents to rent by way of an annual licence. Currently it is understood that they are under-used and only seven spaces are let to residents of Millbank Court. Although the loss of existing off-street residential car parking is not in line with Trans 23 of the UDP, given the unusual circumstances of the case, the Highways Planning Manager considers the proposals to be acceptable. Although objections have been received from Millbank Court residents, for the reasons set out above, it is not considered a refusal could be justified on the basis of the loss of these parking spaces.
The GLA have advised that they would expect a development in this location with a high public transport accessibility (PTAL 3-5) to be car-free with the exception of blue badge spaces. Whilst this comment is noted, given the extant planning permission, a refusal on this basis would be difficult to sustain. As part of the Car Park Management Plan to be secured by condition it is expected that 100% active Electric Vehicle Charging Points will be provided, and Blue Badge holders will have adequately sized short-stay bays available while waiting for the car park valet and lift system and suitable space to wait whilst their car is retrieved from the basement.
Cycle Parking In response to the GLA’s comments the applicant has revised their long and short stay cycle parking to meet draft London Plan policy. It is now proposed to provide 150 short stay spaces (an additional 34 spaces accommodated to the front of the scheme) and 418 long stay spaces. The GLA has advised that this is acceptable. Full details of all cycle parking (both long and short stay) are to be secured by condition.
Travel Plan The GLA has requested a Travel Plan to be secured by condition or s106 Agreement. However, a formal Travel Plan was not secured as part of the extant planning permission. This was because the consented scheme delivers sufficient on-site car parking provided for the residential part of the development. However, a condition is again recommended to promote riverboat use as the Millennium Pier is adjacent to the site. An informative is recommended for the applicant to liaise with London Taxi and Private Hire as to whether a taxi rank can be provided on site at the request of TfL.
8.5 Economic Considerations
The Environment Statement (ES) Addendum considers that the conclusions of the previous ES submitted with the extant planning permission in terms of Socio-Economics effects once the proposed development is complete and occupied remain valid, namely the conversion from office to residential is likely to result in a net loss of 4,065 jobs, resulting in a minor adverse effect on the labour market, but there is a strong likelihood that existing occupiers will be able to locate and move to suitable alternative local
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premises. It concludes that the development will have a beneficial economic effect through additional local spending during construction and occupation as well as the social benefits from the provision of additional housing and cultural and leisure facilities.
8.6 Access
The public areas are to be designed with level access and lifts to all floors. Similar arrangements are proposed for the residential flats. Vehicular access into the courtyard is to be maintained, providing hotel and residential drop off and valet parking will be provided for the residential occupiers via allocated spaces in the courtyard.
In line with London Plan Policy 4.5, a condition is proposed to require that at least 10% of the proposed hotel bedrooms are wheelchair accessible.
The ramps and steps in the landscaped garden will be fully accessible with DDA compliant ramps at all level changes including entrances to buildings.
8.7 Other UDP/Westminster Policy Considerations
Mechanical Plant The mechanical plant strategy for the amendment application is substantially similar to that agreed as part of the extant planning permission. The proposals include mechanical plant at basement level, within plant enclosures at roof level of the tower and Y building and at podium level. An updated environmental noise survey was carried out in September 2018 to validate the results of the survey carried out in March 2015 for the extant planning permission. Environmental Health has raised no objection to the current scheme subject to conditions to secure a post commissioning noise report to be submitted once plant selection has been finalised.
A condition was attached to the extant planning permission to secure details of the kitchen ventilation arrangements for the restaurants, café and ‘Sky bar’ within the hotel. This is again considered an acceptable approach and similar conditions are recommended.
Trees The large basement associated with the extant planning permission meant the removal of 11 trees from the rear landscaped area with 4 to be retained. The reduction in the size of the basement now means that 9 trees are to be removed from the site with 6 to be retained. The trees that are now to be retained include three category B trees at the rear of the site. However, the amendment application proposes the removal of one tree that was previously shown to be retained. This is a London plane (T1/3001) that is located to the west of the tower.
A Tree Preservation Order protects nine trees on the site. The TPO was made after permission was granted for the consented scheme however the way the TPO was served is currently under review. Four trees that have a TPO are proposed to be removed to allow for the basement works and the Arboricultural Officer has objected to this part of the current scheme. Whilst the loss of four TPO trees is regrettable, permission has already been granted for their loss as part of the extant planning permission. The loss of the London plane (T1/3001) is regretted but it is considered that
Page 94 Item No. 2 its amenity value can be mitigated by the retention of the other three trees and by the overall landscaping scheme proposed which includes additional tree planting.
As per the extant planning permission, conditions are recommended to secure tree protection, landscaping and planting details to ensure future greening and amenity to the gardens. The applicant has provided more information in relation to soil depth indicating areas which areas above the proposed basement have a soil depth of approximately 1m. While not strictly in accordance with policy, in general terms, the overall landscaping approach is similar to that previously approved and is considered to be acceptable subject to conditions.
Sustainability Policy 5.2 of the London Plan (2016) sets out that development proposals should make the fullest contribution to minimising carbon dioxide emissions in accordance with the following energy hierarchy:
(i) Be lean: use less energy (ii) Be clean: supply energy efficiently (iii) Be green: use renewable energy
The draft version of the updated London Plan was issued in December 2017 with a supplementary Energy Assessment Guidance published in October 2018. The guidance sets out that energy assessments must demonstrate how the zero carbon target for residential developments will be met, with at least a 35% on-site reduction beyond Part L 2013 and proposals for making up the shortfall to achieve zero carbon, where required and demonstrate at least a 35% on-site reduction beyond Part L 2013 for non- residential development. Developments comprised of both domestic and nondomestic uses must demonstrate this target has been achieved for domestic and non-domestic uses separately energy strategy guidance update issued in October 2018.
Policy SI2 of the draft London Plan sets out that major developments should be net zero carbon. However, the draft London Plan policy SI2 requiring zero carbon for all major developments is yet to be adopted, so officers consider the 35% improvement target should still apply for domestic and non-domestic developments.
A Sustainability Addendum has been submitted to support the energy strategy for the amendment application. Based on the energy assessment submitted, compared to a 2013 Building Regulations compliant development, the domestic element of the revised proposals is estimated to achieve a 31% reduction in regulated carbon dioxide emissions per year whilst the non-domestic elements would achieve a 23% reduction. This does not comply with the London Plan target of 35%. In this instance the applicant proposes to make up this shortfall with a carbon offsetting payment of £619,000. It is recommended that this payment is secured through a deed of variation to the S106 Agreement. Although the GLA has requested further information regarding energy efficiency and renewable energy, given that a carbon offset payment has been secured the proposal is considered to comply with London Plan policy.
Be Lean The proposal includes replacing the façade and upgrading the thermal performance of the envelope. Notably the proposal includes triple glazing windows for the dwellings.
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Be Clean The energy centre will comprise CHP boilers,. It is proposed to be located beneath Millbank Court occupying an existing plant room that is also used to serve the Millbank Court flats above. The new energy centre is to be designed to serve the heating and hot water demands of the amendment application and the existing Millbank Court flats. This arrangement is the same as proposed in the extant planning permission and is therefore considered acceptable.
Be Green Heat pump technology and photovoltaic panels have been rejected due to site constraints.
Overheating In terms of overheating the results of the modelling undertaken showed that, in all scenarios, the proposed residential flats do not meet the recommended risk level using the openable windows proposed. The listed façade restricts options for making changes to help control solar gain. As a result, active cooling is therefore proposed to help minimise overheating risk.
8.8 Westminster City Plan
The City Council is currently working on a complete review of its City Plan. Informal consultation on the first draft of Westminster’s City Plan 2019-2040 took place between Monday 12 November 2018 and Friday 21 December 2018. Following this informal consultation, the draft plan has been revised and formal consultation is now being carried out under Regulation 19 of the Town and Country Planning Act (Local Planning) (England) Regulations 2012 between Wednesday 19 June 2019 and Wednesday 31 July 2019. In the case of a draft local plan that has been published for consultation under Regulation 19 of the Town and Country Planning Act (Local Planning) (England) Regulations 2012, including a second revision Regulation 19 plan, it remains at a pre- submission stage (i.e. has yet to be submitted to the Secretary of State for Examination in Public) and therefore, having regard to the tests set out in para. 48 of the NPPF, it will generally attract very limited weight at this present time.
8.9 Neighbourhood Plans
There is no adopted Neighbourhood Plan for this part of Westminster.
8.10 London Plan
The development is over 30m in height, so it is referable under the Mayor of London Order (2008). In his Stage 1 comments the London Mayor has identified the following strategic issues:
Land use principle: The proposed refurbishment and conversion of this Grade II listed CAZ office to provide a residential-led mixed use scheme incorporating culture and hotel uses is supported in strategic planning terms.
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Affordable housing: GLA officers have scrutinised the Financial Viability Assessment (FVA) to ensure that affordable housing has been maximised in accordance with the London Plan, the Mayor’s Affordable Housing and Viability SPG, and the draft London Plan. One area of concern is about the basement kitchen which continues to be included in the FVA despite the purpose of it (to provide food for the ballroom.) being deleted from the application. The applicant says that the commissary (basement.) kitchen is required for wider management reasons and should be assessed as proposed. LSH point out that this is a part of the application that if it is not provided would enable affordable housing delivery. The inclusion of the basement kitchen appears to be unjustified and unnecessary but that its provision is at the expense of affordable housing.
Design: The proposed refurbishment and alterations to the Millbank Complex are of a high quality. Robust conditions are required to secure the design commitments made by the applicant.
Historic environment: The proposals would have minimal impact on the significance of the Grade II listed complex and would not harm the heritage assets surrounding the site.
Climate change: Further information regarding energy efficiency and renewable energy and is required. The surface water drainage strategy is consistent with that for the consented scheme and is generally compliant with the London Plan policy 5.13.
Transport: The proposed level of car parking is excessive in this highly accessible location. Conditions, obligations and financial contributions for the highway improvement works and the impact on the bus network are required.
8.11 National Policy/Guidance Considerations
The City Plan and UDP policies referred to in the consideration of this application are considered to be consistent with the NPPF unless stated otherwise.
Further to the Town and Country Planning (Pre-commencement Conditions) Regulations 2018, the City Council cannot impose a pre-commencement condition (a condition which must be discharged before works can start on site) on a planning permission without the written agreement of the applicant, unless the applicant fails to provide a substantive response within a 10 day period following notification of the proposed condition, the reason for the condition and justification for the condition by the City Council.
During the course of this application a notice was served relating to the proposed imposition of a pre-commencement condition relating to tree protection works, archaeology, samples of facing materials for the prow and the provision of an updated air quality assessment and air quality neutral assessment. The applicant has agreed to the imposition of the condition.
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8.12 Planning Obligations
The draft ‘Heads’ of agreement are proposed to cover the following issues:
i. The provision of a cultural facility on a 125 year lease with a peppercorn rent for 50 years, with the end user to be agreed by the City Council prior to the occupation of the cultural facility; ii. A contribution of £2.5million (index linked) towards the fitting out of the cultural facility to be paid prior to the proposed occupier of the cultural facility starting its works to fit out the proposed cultural facility; iii. The provision of a publicly accessible 'Skybar' with no admission fee; iv. Costs of all highway works surrounding the site required for the development to occur including vehicle crossovers, changes to on-street restrictions, returning the footway on Thorney Street and footway repaving; v. Provision of public art to the sum of £100K (index linked); vi. Comply with the Council's Code of Construction Practice, to provide a Site Environmental Management Plan and provide a financial contribution of £110,000 (£55,000 per annum based on 2 year demolition / construction period) prior to commencement of demolition to fund the Environmental Inspectorate and monitoring by Environmental Sciences officers; vii. A payment of £59,115.84 (index linked and payable on commencement) towards Employment, Training and Skills Development; viii. Costs of monitoring the S106 agreement; ix. Unallocated parking. x. A payment of £619,000 towards Carbon Offset (index linked and payable on commencement) xi) A payment of £1,685,577 towards the council’s affordable housing fund (index linked and payable on commencement of development) with a late stage review mechanism.
The applicant has requested that the payment towards carbon offset is split 50:50 on commencement and prior to occupation. Whilst this request is noted our normal policy is for planning obligation payments to be made on commencement to allow for the carbon offsetting projects to be planned so that they can be in place prior to the occupation of the development.
The estimated CIL payment is: Mayoral CIL: £589,759.19. Westminster CIL: £2,284,290.00 Total: £2,874,049.19.
8.13 Environmental Impact Assessment
The application represents EIA development for the purposes of the Town and Country Planning (Environmental Impact Assessment) Regulations 2017. An Environmental Statement (ES) Addendum has been submitted in support of the amendment application. In putting forward this recommendation, officers have taken into account the ES Addendum submitted. Officers are satisfied that the environmental information as a whole meets the requirements of the EIA Regulations (2017) and that sufficient information has been provided to enable assessment of the environmental impact of the application.
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The applicant has submitted a Non-Technical Summary which summarises the impacts, in addition to the detailed assessments and appendices. The technical chapters considered within the ES Addendum are consistent with those for the previous ES, with the exception of the inclusion of a Climate Change chapter and Mitigation Register in accordance with the EIA Regulations 2017 (as amended). A ‘Mitigation Register’ has been included in the ES Addendum to summarise the proposed mitigation identified throughout the ES Addendum as well as the anticipated means for securing these measures. Since the submission of the previous ES a number of new cumulative schemes have been identified which are set out in the EIA documents submitted.
The purpose of the EIA is to predict how environmental conditions may change as a result of the proposed development and to specify any investigative measures. The Environmental Statement Addendum has considered the potential direct, indirect and cumulative impact of the proposed amendment application.
Ecology The extant planning permission introduced changes to the rear landscaping including an increased garden area to the rear of the tower. Changes in the landscape strategy for the amendment scheme will result in an increase of lawn areas (from 341 m2 to 405 m2) and an increase in the area of shrub and herbaceous planting and greening of walls. The amendment scheme will now achieve approximately 689 m2 of green or brown roofs which is an increased compared to the extant planning permission. Overall the ES concludes that the landscaping scheme is likely to provide a minor beneficial effect on habitats. A condition is recommended to secure details of bird boxes within the development.
Sustainable Drainage and Floor Risk The approach to flood risk management complies with London Plan Policy 5.12 The surface water drainage strategy has been revised to account for relatively minor changes in impervious areas related to the revised proposal. The strategy is otherwise consistent with that for the consented scheme and is generally compliant with the London Plan policy 5.13.
The proposed development generally meets the requirements of London Plan policy 5.15 which relates to water use and supplies. The applicant should consider water harvesting and reuse to reduce consumption of wholesome water across the entire development site. This can be integrated with the surface water drainage system to provide a dual benefit. Conditions are recommended to secure these features.
Air Quality Policy S31 (Air Quality) of the City Plan states that states that developments will be required to reduce air pollution. Environmental Health object to this application due to its impacts to local air quality resulting from the CHP boilers in the energy centre and from traffic emissions. The energy centre flues are located on the roof of Milbank Court flats, a substantially shorter building than Milbank Tower. Modelling is predicting that there would be moderate adverse impacts to existing receptors at Milbank Court flats and Abell House & Cleland House. Environmental Health advise that although these adverse impacts do not result in an exceedance of the national air quality objective the ground floor of modelling point R6 at Millbank Court is left on the cusp of achieving the national
Page 99 Item No. 2 objective where the modelling is predicting 39.5ug/m3 where the objective is 40ug/m3 annual mean.
The objection of Environmental Health to the air quality issues raised and their request that the CHP flues should be relocated to the tower is noted. However, the current scheme remains the same as the extant planning permission in terms of the location of the energy centre and the CHP flues. The modelling for the ES submitted as part of the extant planning permission indicated that there would minor and moderate adverse impacts to the existing residential receptors on the eastern and western facades of the Millbank Court building, where the energy centre stacks were to be located. In terms of traffic emissions, the amendment application remains substantially similar to the extant scheme. Whilst an increase in servicing trips is proposed for the hotel, the amendment scheme also proposes a reduction in residential car parking. It is considered that when taking the extant planning permission into account a refusal on the basis of air quality could not be justified. Notwithstanding this it is recommended that an updated Air Quality Assessment is secured by condition which will include details of mitigation measures where appropriate.
The air quality neutral calculation submitted in the ES demonstrates that although the amendment application meets the required benchmark for transport emissions, it fails to meet the benchmark for building emissions. No mitigation measures have been proposed although guidance states that where the relevant benchmarks are not met then on or off-site mitigation should be proposed but where mitigation is not possible offsetting will be required. It is therefore recommended that an updated Air Quality Neutral Assessment is secured by condition which will include details of mitigation measures where appropriate.
Adverse impacts have been predicted to a number of receptor points within the development itself, namely to windows within the proposed hotel and residential flats. Environmental Health recommend mitigation measures to the new development in the form of mechanical ventilation with inlets incorporating either air quality filtration/or positioned in an area of suitable air quality to be incorporated into the building design. It is recommended that these are secured by condition.
Archaeology Historic England (Archaeology) recommend an archaeological condition requiring details of a written scheme of archaeological investigation to be prepared and implemented by a suitably qualified archaeological practice in accordance with Historic England Greater London Archaeology guidelines.
Wind Microclimate The desk based assessment undertaken to predict and analyse the wind environment at the site and surroundings for the extant scheme has been updated for the amendment application. The conclusions of the assessment are substantially similar, namely that across the site the results are largely suitable for their intended pedestrian use, however there are a number of locations around the site where conditions are worse than their intended use which results in a significant adverse effect. Mitigation measures are recommended in the form of a 2m high balustrade around the perimeter of the terrace at the top of the tower, soft and hard landscaping to incorporate screening to reduce wind speeds within the rear garden and wind screens at the base of the tower for the private
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amenity terraces. With the inclusion of these mitigation measures, the residual effects are not expected to be significant.
Climate Change The Greenhouse Gas (GHG) emissions as a result of the construction activities will only occur for approximately three years during the refurbishment and construction phase of the proposed development, resulting in a minor adverse (not significant) effect. Once the Proposed Development is complete and occupied, the majority of the GHG emissions will be associated with energy consumption. However, this energy use does not account for more than 1% of the UK carbon budgets therefore the effect of the GHG emissions from the operation of the proposed development is considered to be minor adverse (not significant).
8.14 Other Issues
Construction impact The City Council’s Code of Construction Practice and associated Environmental Inspectorate have been developed to mitigate against construction and development impacts on large and complex development sites. As part of the S106 legal agreement for the extant permission a financial contribution of £110,000 (£55,000 per annum based on 2 year demolition / construction period) was secured towards monitoring by the council’s Environment Inspectorate. As the council already has a Site Environmental Management Plan submission which has been agreed and work has been done under the s106 agreement it is recommended that these measures are retained for the current amendment application.
A condition is also recommended to protect the amenity of the surrounding area by ensuring that core working hours are kept to 08.00 to 18.00 Monday to Friday and 08.00 to 13.00 on Saturday. The condition states that noisy work must not take place outside these hours except as may be exceptionally agreed by other regulatory regimes such as the police, by the highways authority or by the local authority under the Control of Pollution Act 1974.
Application Determination Procedure Concerns have been raised as to whether the scope of the amendments proposed could be considered to fall within a minor material amendment (s.73) application. Officers are satisfied that the proposed changes in the amendment application do not amount to a fundamental alteration to the extant planning permission and so can be considered as a minor material amendment. The changes have been assessed under current policy including the affordable housing through the submission of an updated financial viability report.
(Please note: All the application drawings and other relevant documents and Background Papers are available to view on the Council’s website)
IF YOU HAVE ANY QUERIES ABOUT THIS REPORT PLEASE CONTACT THE PRESENTING OFFICER: MATTHEW MASON BY EMAIL AT [email protected]
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9. KEY DRAWINGS
Proposed Ground Floor Plan
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Proposed First Floor Plan
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Proposed second floor plan
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Proposed third floor plan
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Proposed Ninth Floor Plan
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Proposed 35th Floor (Sky Bar)
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Proposed Basement 01
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Proposed Section BB
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Proposed Section CC
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Existing Verified View Albert Embankment
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Consented Verified View Albert Embankment
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Proposed Verified View Albert Embankment
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Visual of Proposed Scheme
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DRAFT DECISION LETTER
Address: Development Site At Millbank Complex, 21 - 30 Millbank, London, SW1P 4QP,
Proposal: Variation of Condition 1 and 43 of planning permission dated 28th June 2016 (15/07756/FULL) for 'Refurbishment and replacement of facades and erection of 2 additional floors and plant enclosure to both Millbank Tower and 1 additional floor to the Y buildings; excavation of basement levels; demolition of rear car park in association with re-landscaping and reconfiguration of wider site; all in association with the use of the Tower as 207 private residential flats (Class C3) and Skybar (ancillary to adjacent Class C1), the south podium and part of tower as an arts / cultural facility (Class D1) and the north podium and Y buildings as a hotel (Class C1) with restaurant, bar and café at ground floor level. Use of roof of podium building as a terrace with associated alterations, NAMELY to allow changes to list of approved plans to allow an increase in number of hotel bedrooms from 150 to 232, complete demolition and rebuilding of the prow to allow for reconfiguation of arts/cultural facility, amendments to the residential mix/layouts in the Tower, re- configuration of basement car parking and servicing area, adjustments to landscaping and associated amendments. (The application is an Environmental Impact Assessment (EIA) development and is accompanied by an Environmental Statement (ES), which may be viewed with the planning application documents).
Reference: 18/09095/FULL
Plan Nos: Approved Drawings under ref 15/07756/FULL 1631-G200-P-B3-001 B; 1631-G200-P-B2-001 E; 1631-G200-P-B1-001 F; 1631- G200-P-00-001 E; 1631-G200-P-00-002 E; 1631-G200-P-01-001 F; 1631-G200-P- 02-001 F; 1631-G200-P-03-001 D; 1631-G200-P-04-001 D; 1631-G200-P-05-001 B; 1631-G200-P-06-001 B; 1631-G200-P-07-001 B; 1631-G200-P-08-001 D; 1631- G200-P-09-001 B; 1631-G200-P-10-001 A; 1631-G200-P-32-001 C; 1631-G200-P- 33-001 D; 1631-G200-P-34-001 D; 1631-G200-P-35-001 D; 1631-G200-P-36-001 A; 1631-G200-S-AA-001 A; 1631-G200-S-AA-002 A; 1631-G200-S-BB-001 A; 1631- G200-S-CC-001 A; 1631-G200-E-N-001 A; 1631-G200-E-E-001 B; 1631-G200-E-S- 001 A; 1631-G200-E-W-001 A; 1631-JC20-P-B-100 B; 1631-JC20-P-00-001 B; 1631-JC20-P-01-001 B; 1631-JC20-P-TY-001 B; 1631-JC20-P-RF-001 B; 1631- JC20-EX-E-N-001; 1631-JC20-EX-E-S-001; 1631-JC20-EX-E-E-001; 1631-JC20- EX-E-W-001; 1631-G100-XP-AL-001 P1; 1631-G200-XP-AL-002 P1; 1631-G200- XS-BB-100 P1; 1631-G200-XP-B-001 P1; 1631-G200-XP-MG-001 P1; 1631-G200- XP-00-001 P1; 1631-G200-XP-01-001 P1; 1631-G200-XP-02-001 P1; 1631-G200- XP-03-001 P1; 1631-G200-XP-11-001 P1; 1631-G200-XP-25-001 P1; 1631-G200- XP-31-001 P1; 1631-G200-XP-32-001 P1; 1631-G200-XP-33-001 P1; 1631-G200- XP-RF-001 P1; 1631-G200-ES-AA-001 P1; 1631-G200-ES-BB-001 P1; 1631- G200-ES-CC-001 P1; 1631-G200-EX-E-N-001 P1; 1631-G200-EX-E-E-001 P1; 1631-G200-EX-E-S-001 P1; 1631-G200-EX-E-W-001 P1., For information only: basement impact assessment dated August 2015 and addendum dated February 2016; structural concept report dated August 2015 and addendum dated February 2016. Statement of community involvement; heritage impact assessment dated
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August 2015 and addendum dated February 2016; façade investigation report by Sandberg; Statement of significance; townscape and visual assessment dated February 2016; Design and access statement dated August 2015 and addendum dated February 2016; transport assessment dated August 2015 and addendum dated February 2016; energy report dated August 2015 and addendum dated February 2016; sustainability report dated August 2015 and addendum dated February 2016; construction management plan dated August 2015 and addendum dated February 2016; planning statement dated August 2015 and addendum dated February 2016; drainage assessment dated August 2015 and addendum dated February 2016; environmental statement non-technical summary dated August 2015 and addendum dated February 2016; environmental statement volume 1 dated August 2015 and addendum dated February 2016; environmental statement volume 2 dated August 2015 and addendum dated February 2016; environmental statement volume 3 dated August 2015 and addendum dated February 2016; File note by Alan Beadle dated 17 March 2016;
AS AMENDED BY Site Plan - 1631.01-JMP-MP-DR-A-21011:500 Rev A, Proposed Plans - 1631.01- JMP-MP-00-DR-A-3102 Rev A; 1631.01-JMP-MP-01-DR-A-3103 Rev A; 1631.01- JMP-MP-02-DR-A-3104 Rev A, 1631.01-JMP-MP-03-DR-A-3105 Rev A; 1631.01- JMP-MP-07-DR-A-3106 Rev A; 1631.01-JMP-MP-08-DR-A-3107 Rev A; 1631.01- JMP-MP-09-DR-A-3108 Rev A; 1631.01-JMP-MP-17-DR-A-3109 Rev A; 1631.01- JMP-MP-33-DR-A-3110 Rev A; 1631.01-JMP-MP-34-DR-A-3111 Rev A; 1631.01- JMP-MP-35-DR-A-3112 Rev A; 1631.01-JMP-MP-RF-DR-A-3113 Rev A; 1631.01- JMP-MP-00-DR-A-3114 Rev A; 1631.01-JMP-MP-B1-DR-A-3100 Rev A; 1631.01- JMP-MP-B2-DR-A-3101 Rev A; 1631.01-JMP-MP-B3-DR-A-3117 Rev A;
Proposed Sections 1631.01-JMP-MP-AA-DR-A-5100 Rev A; , 1631.01-JMP-MP-BB-DR-A-5101 Rev A; 1631.01-JMP-MP-CC-DR-A-5102 Rev A; 1631.01-JMP-MP-DD-DR-A-5103 Rev A; 1631.01-JMP-MP-EE-DR-A-5104 Rev A; 1631.01-JMP-MP-FF-DR-A-5105 Rev A., ,
Proposed Elevations 1631.01-MP-EN-DR-A-4100 Rev A; 1631.01-MP-EE-DR-A-4101 Rev A; 1631.01- MP-ES-DR-A-4102 Rev A; 1631.01-MP-EW-DR-A-4103 Rev A; 1631.01-MP-EN- DR-A-4200 Rev A; 1631.01-MP-EE-DR-A-4201 Rev A; 1631.01-MP-ES-DR-A-4202 Rev A; 1631.01-MP-EW-DR-A-4203 Rev A.,
Demolition Plans 1631.01-JMP-MP-B1-DR-A-3500 Rev A, 1631.01-JMP-MP-00-DR-A-3501 Rev A; 1631.01-JMP-MP-01-DR-A-3502 Rev A;, 1631.01-JMP-MP-02-DR-A-3503 Rev A; 1631.01-JMP-MP-03-DR-A-3504 Rev A; 1631.01-JMP-MP-04-DR-A-3505 Rev A; 1631.01-JMP-MP-08-DR-A-3506 Rev A; 1631.01-JMP-MP-09-DR-A-3507 Rev A; 1631.01-JMP-MP-31-DR-A-3508 Rev A; 1631.01-JMP-MP-33-DR-A-3509 A;, 1631.01-JMP-MP-M1-DR-A-3510 Rev A Documents Design and Access Statement, Statement of Significance, Heritage Impact Assessment Addendum, Environmental Impact Assessment Addendum, Energy Strategy Addendum, Sustainability Strategy Addendum, Structural Strategy Addendum, Drainage Strategy Addendum, Basement Impact Assessment
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Addendum, Transport Assessment Addendum, Wind Assessment Addendum.
Case Officer: Matthew Mason Direct Tel. No. 020 7641 07866037944
Recommended Condition(s) and Reason(s)
1 The development hereby permitted shall be carried out in accordance with the drawings and other documents listed on this decision letter, and any drawings approved subsequently by the City Council as local planning authority pursuant to any conditions on this decision letter.
Reason: For the avoidance of doubt and in the interests of proper planning.
2 You must carry out any building work which can be heard at the boundary of the site only:, , * between 08.00 and 18.00 Monday to Friday;, * between 08.00 and 13.00 on Saturday; and, * not at all on Sundays, bank holidays and public holidays., , Noisy work must not take place outside these hours. (C11AA)
Reason: To protect the environment of residents and the area generally as set out in S29 of Westminster's City Plan (November 2016) and STRA 25, TRANS 23, ENV 5 and ENV 6 of our Unitary Development Plan that we adopted in January 2007. (R11AC),
3 You must apply to us for approval of details of the following:, , 1) Provision of targets for river bus use for the different occupiers of the building (which reflect the targets set out within the River Action Plan);, 2) Measures to encourage river bus use., , You must not occupy any parts of the development until we have approved what you have sent us. You must then carry out the work according to these details.
Reason: In the interests of public safety, to avoid blocking the surrounding streets and to protect the environment of people in neighbouring properties as set out in S41 of Westminster's City Plan (November 2016) and TRANS 2, TRANS 3, TRANS 12 and TRANS 15 of our Unitary Development Plan that we adopted in January 2007.
4 You must carry out the development in accordance with the samples of the facing materials, including glazing, approved under 18/08015/ADFULL dated 19.11.2018.
Reason: To protect the special architectural or historic interest of this listed building. This is as set out in S25 and S28 of Westminster's City Plan (November 2016) and DES 1, DES 10 (A) and paras 10.129 to 10.146 of our Unitary Development Plan that we adopted in January
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2007. (R26ED)
5 You must carry out the development in accordance with the full size (1:1 scale) sample of a typical bay of both the tower and Y building facade approved under 18/08015/ADFULL dated 19.11.2018.,
Reason: To protect the special architectural or historic interest of this listed building. This is as set out in S25 and S28 of Westminster's City Plan (November 2016) and DES 1, DES 10 (A) and paras 10.129 to 10.146 of our Unitary Development Plan that we adopted in January 2007. (R26ED)
6 You must apply to us for approval of detailed drawings showing the proposed window blinds for the building complex. You must not start work on this part of the development until we have approved what you have sent us. You must then carry out the work in accordance with the approved details.
Reason: To protect the special architectural or historic interest of this listed building. This is as set out in S25 and S28 of Westminster's City Plan (November 2016) and DES 1, DES 10 (A) and paras 10.129 to 10.146 of our Unitary Development Plan that we adopted in January 2007. (R26ED)
7 Notwithstanding that shown on the approved plans, you must apply to us for approval of detailed plans, elevations and x-sections of the new cladding systems for the building complex. Similar details of the existing cladding systems at the same scale must be submitted for comparison purposes. You must not start work until we have approved what you have sent us. You must then carry out the work according to these approved details. Pre-Commencement Condition.
7 You must carry out the development in accordance with the detailed plans, elevations and x-sections of the new cladding systems for the building complex approved under 18/08015/ADFULL dated 19.11.2018.
Reason: To protect the special architectural or historic interest of this listed building. This is as set out in S25 and S28 of Westminster's City Plan (November 2016) and DES 1, DES 10 (A) and paras 10.129 to 10.146 of our Unitary Development Plan that we adopted in January 2007. (R26ED)
8 Notwithstanding that shown on the approved plans, you must apply to us for approval of detailed drawings including a plan to show the location on the site of the following parts of the development:, , i) the car lift structure and adjacent cycle store at a scale of 1:50, ii) any new external doors at a scale of 1:10, iii) any new gates, railings, boundary walls or balustrades at a scale of 1:10, iv) the new opening in the ground floor (access to car lift) at a scale of 1:50, v) the infilled section of the ground floor at a scale of 1:50, vi) the cycle
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store within the rear garden, , You must not start work on these parts of the development until we have approved what you have sent us. You must then carry out these works according to these details.
Reason: To protect the special architectural or historic interest of this listed building. This is as set out in S25 and S28 of Westminster's City Plan (November 2016) and DES 1, DES 10 (A) and paras 10.129 to 10.146 of our Unitary Development Plan that we adopted in January 2007. (R26ED)
9 You must not put any satellite or radio antennae or other structures on the roofs of the complex unless they are wholly contained within the approved roof top enclosures. They must not project beyond the top of any enclosure.
Reason: To protect the special architectural or historic interest of this listed building and to make sure the development protects the setting of adjacent and nearby conservation areas. This is as set out in S25 and S28 of Westminster's City Plan (November 2016) and DES 1, DES 9 (F), DES 10 (A) and paras 10.129 to 10.146 of our Unitary Development Plan that we adopted in January 2007.
10 You must not put structures such as canopies, fences, loggias, trellises or satellite or radio antennae on the roof terraces or balconies unless otherwise indicated on the approved drawings.
Reason: To protect the special architectural or historic interest of this listed building. This is as set out in S25 and S28 of Westminster's City Plan (November 2016) and DES 1, DES 10 (A) and paras 10.129 to 10.146 of our Unitary Development Plan that we adopted in January 2007. (R26ED)
11 You must apply to us for approval of details of public art including drawings, materials, samples etc and any other supporting documents as appropriate. You must not start work on the relevant parts of the development until we have approved what you have sent us. You must then carry out the work in accordance with these details and you must install the public art in accordance with the details approved prior to occupation, unless we approve an alternative timeframe in writing.
Reason: To make sure that the appearance of the building is suitable and that it contributes to the character and appearance of the area. This is as set out in S28 of Westminster's City Plan (November 2016) and DES 1 and DES 5 or DES 6 or both of our Unitary Development Plan that we adopted in January 2007. (R26AD)
12 You must provide the waste store shown on drawing 1631-G200-P-B1-001 F or in accordance with other arrangements as submitted to and approved by the City Council before anyone moves into the buildings. You must clearly mark them and make them
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available at all times to everyone using the buildings. You must store waste inside the property and only put it outside just before it is going to be collected. You must not use the waste store for any other purpose. (C14DC)
12 You must provide the waste store shown on drawing1631.1-MP-B1-DR-A-3100 Revision B or in accordance with other arrangements as submitted to and approved by the City Council before anyone moves into the buildings. You must clearly mark them and make them available at all times to everyone using the buildings. You must store waste inside the property and only put it outside just before it is going to be collected. You must not use the waste store for any other purpose. (C14DC), , ,
Reason: To protect the environment and provide suitable storage for waste as set out in S44 of Westminster's City Plan (November 2016) and ENV 12 of our Unitary Development Plan that we adopted in January 2007. (R14BD)
13 Notwithstanding what is shown on the approved drawings, you must apply to us for approval of details for the long and short stay cycle parking. You must then provide each cycle parking space shown on the approved drawings prior to occupation of each use. Thereafter the cycle spaces must be retained and the space used for no other purpose without the prior written consent of the local planning authority.
Reason: To provide cycle parking spaces for people using the development as set out in Policy 6.9 (Table 6.3) of the London Plan 2016 (R22FA)
14 Prior to the occupation of any part of the building an updated Delivery Service Management Plan must be submitted to and approved in writing by the City Council. The updated DSMP will outline clearly the operating procedures for servicing of the proposed site to include details of storage locations, scheduling of deliveries and staffing (to include coach activity). The servicing must thereafter only be operated in accordance with these details.
Reason: To avoid blocking the surrounding streets and to protect the environment of people in neighbouring properties as set out in S42 of Westminster's City Plan (November 2016) and STRA 25, TRANS 20 and TRANS 21 of our Unitary Development Plan that we adopted in January 2007. (R23AC)
15 You must provide a headroom of at least 4.0m (clear unobstructed height above the floor surface level) across the full width of the entrance to the service bay, and throughout the service bay itself. (C23EA)
Reason: To make sure that the service bay will be available for all types of vehicles for which it has been designed, to avoid blocking the surrounding streets and to protect the environment of people in neighbouring properties as set out in S42 of Westminster's City
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Plan (November 2016) and STRA 25, TRANS 20 and TRANS 21 of our Unitary Development Plan that we adopted in January 2007. (R23BB)
16 You must use the parking, access, loading, unloading and manoeuvring areas shown on the approved plans only for those purposes. (C23AA)
Reason: To avoid blocking the surrounding streets and to protect the environment of people in neighbouring properties as set out in S42 of Westminster's City Plan (November 2016) and STRA 25, TRANS 20 and TRANS 21 of our Unitary Development Plan that we adopted in January 2007. (R23AC)
17 You must apply to us for approval of details of a Car Park and Lift Management Plan, which should explain in detail how the valet system will work, including that car parking spaces will be unallocated, maintained for the life of development, that the spaces will cater for 100% electric vehicle charging provision and how the lift maintenance schedule will seek to ensure as little downtime as possible. You must not occupy the residential part of the development until we have approved what you have sent us. Thereafter the development shall be managed in accordance with the approved plan.
Reason: To avoid blocking the surrounding streets and to protect the environment of people in neighbouring properties as set out in S42 of Westminster's City Plan (November 2016) and STRA 25, TRANS 20 and TRANS 21 of our Unitary Development Plan that we adopted in January 2007. (R23AC)
18 No vehicles shall enter the site from Thorney Street.
Reason: To avoid blocking the surrounding streets and to protect the environment and safety of people in neighbouring properties as set out in S42 and S29 of Westminster's City Plan (November 2016) and STRA 25, TRANS 20 and TRANS 21 of our Unitary Development Plan that we adopted in January 2007. (R23AC)
19 (1) Where noise emitted from the proposed plant and machinery will not contain tones or will not be intermittent, the 'A' weighted sound pressure level from the plant and machinery (including non-emergency auxiliary plant and generators) hereby permitted, when operating at its noisiest, shall not at any time exceed a value of 10 dB below the minimum external background noise, at a point 1 metre outside any window of any residential and other noise sensitive property, unless and until a fixed maximum noise level is approved by the City Council. The background level should be expressed in terms of the lowest LA90, 15 mins during the proposed hours of operation. The plant-specific noise level should be expressed as LAeqTm, and shall be representative of the plant operating at its maximum., , (2) Where noise emitted from the proposed plant and machinery will contain tones or will be intermittent, the 'A' weighted sound pressure level from the plant and machinery (including non-emergency auxiliary plant and generators) hereby permitted, when operating at its noisiest, shall not at any time exceed a value of
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15 dB below the minimum external background noise, at a point 1 metre outside any window of any residential and other noise sensitive property, unless and until a fixed maximum noise level is approved by the City Council. The background level should be expressed in terms of the lowest LA90, 15 mins during the proposed hours of operation. The plant-specific noise level should be expressed as LAeqTm, and shall be representative of the plant operating at its maximum., , (3) Following installation of the plant and equipment, you may apply in writing to the City Council for a fixed maximum noise level to be approved. This is to be done by submitting a further noise report confirming previous details and subsequent measurement data of the installed plant, including a proposed fixed noise level for approval by the City Council. Your submission of a noise report must include:, (a) A schedule of all plant and equipment that formed part of this application;, (b) Locations of the plant and machinery and associated: ducting; attenuation and damping equipment;, (c) Manufacturer specifications of sound emissions in octave or third octave detail;, (d) The location of most affected noise sensitive receptor location and the most affected window of it;, (e) Distances between plant & equipment and receptor location/s and any mitigating features that may attenuate the sound level received at the most affected receptor location;, (f) Measurements of existing LA90, 15 mins levels recorded one metre outside and in front of the window referred to in (d) above (or a suitable representative position), at times when background noise is at its lowest during hours when the plant and equipment will operate. This acoustic survey to be conducted in conformity to BS 7445 in respect of measurement methodology and procedures;, (g) The lowest existing L A90, 15 mins measurement recorded under (f) above;, (h) Measurement evidence and any calculations demonstrating that plant and equipment complies with the planning condition;, (i) The proposed maximum noise level to be emitted by the plant and equipment.
Reason: Because existing external ambient noise levels exceed WHO Guideline Levels, and as set out in ENV 6 (1), (6) and (8) and ENV 7 (A)(1) of our Unitary Development Plan that we adopted in January 2007, so that the noise environment of people in noise sensitive properties is protected, including the intrusiveness of tonal and impulsive sounds; and as set out in S32 of Westminster's City Plan (November 2016), by contributing to reducing excessive ambient noise levels. Part (3) is included so that applicants may ask subsequently for a fixed maximum noise level to be approved in case ambient noise levels reduce at any time after implementation of the planning permission. (R46AB)
20 No vibration shall be transmitted to adjoining or other premises and structures through the building structure and fabric of this development as to cause a vibration dose value of greater than 0.4m/s (1.75) 16 hour day-time nor 0.26 m/s (1.75) 8 hour night-time as defined by BS 6472 (2008) in any part of a residential and other noise sensitive property.
Reason: As set out in ENV6 (2) and (6) of our Unitary Development Plan that we adopted in January 2007, to ensure that the development is designed to prevent structural transmission of noise or vibration. (R48AA)
21 You must apply to us for approval of details of a supplementary acoustic report demonstrating that the plant will comply with the Council's noise criteria including to
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residential dwellings within the application site itself, as set out in Condition 19 of this permission. You must not start work on this part of the development until we have approved what you have sent us.
Reason: Because existing external ambient noise levels exceed WHO Guideline Levels, and as set out in ENV 6 (1), (6) and (8) and ENV 7 (A)(1) of our Unitary Development Plan that we adopted in January 2007, so that the noise environment of people in noise sensitive properties is protected, including the intrusiveness of tonal and impulsive sounds; and as set out in S32 of Westminster's City Plan (November 2016), by contributing to reducing excessive ambient noise levels. (R51AB)
22 (1) Where noise emitted from the proposed internal activity in the development will not contain tones or will not be intermittent, the 'A' weighted sound pressure level from the internal activity within the cultural or skybar use hereby permitted, when operating at its noisiest, shall not at any time exceed a value of 10 dB below the minimum external background noise, at a point 1 metre outside any window of any residential and other noise sensitive property, unless and until a fixed maximum noise level is approved by the City Council. The background level should be expressed in terms of the lowest LA90, 15 mins during the permitted hours of use. The activity-specific noise level should be expressed as LAeqTm,, and shall be representative of the activity operating at its noisiest., , (2) Where noise emitted from the proposed internal activity in the development will contain tones or will be intermittent, the 'A' weighted sound pressure level from the internal activity within the cultural or skybar use hereby permitted, when operating at its noisiest, shall not at any time exceed a value of 15 dB below the minimum external background noise, at a point 1 metre outside any window of any residential and other noise sensitive property, unless and until a fixed maximum noise level is approved by the City Council. The background level should be expressed in terms of the lowest LA90, 15 mins during the permitted hours of use. The activity-specific noise level should be expressed as LAeqTm, and shall be representative of the activity operating at its noisiest., , (3) Following completion of the development, you may apply in writing to the City Council for a fixed maximum noise level to be approved. This is to be done by submitting a further noise report including a proposed fixed noise level for approval by the City Council. Your submission of a noise report must include:, (a) The location of most affected noise sensitive receptor location and the most affected window of it;, (b) Distances between the application premises and receptor location/s and any mitigating features that may attenuate the sound level received at the most affected receptor location;, (c) Measurements of existing LA90, 15 mins levels recorded one metre outside and in front of the window referred to in (a) above (or a suitable representative position), at times when background noise is at its lowest during the permitted hours of use. This acoustic survey to be conducted in conformity to BS 7445 in respect of measurement methodology and procedures;, (d) The lowest existing LA90, 15 mins measurement recorded under (c) above;, (e) Measurement evidence and any calculations demonstrating that the activity complies with the planning condition;, (f) The proposed maximum noise level to be emitted by the activity.
Reason: Because existing external ambient noise levels exceed WHO Guideline Levels and as set out in ENV 6 (1), (6) and (8) and ENV 7 (A)(1) of our Unitary Development Plan that we
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adopted in January 2007 (UDP), so that the noise environment of people in noise sensitive properties is protected, including the intrusiveness of tonal and impulsive sounds; and as set out in S32 of Westminster's City Plan (November 2016), by contributing to reducing excessive ambient noise levels. Part (3) is included so that applicants may ask subsequently for a fixed maximum noise level to be approved in case ambient noise levels reduce at any time after implementation of the planning permission. (R47AB)
23 The design and structure of the development shall be of such a standard that it will protect residents within the same building or in adjoining buildings from noise and vibration from the development, so that they are not exposed to noise levels indoors of more than 35 dB LAeq 16 hrs daytime and of more than 30 dB LAeq 8 hrs in bedrooms at night., , The design of the separating wall and/or floor should be such that the received value in the residential habitable spaces, with music playing, should be 10 dB below that measure without music events taking place, at the quietest time of day and night, measured over a period of 5 minutes and in the indices of Leq & LFMax in the octave bands of 63 Hz & 125 Hz.
Reason: As set out in ENV6 of our Unitary Development Plan that we adopted in January 2007, and the related Policy Application at section 9.76, in order to ensure that design, structure and acoustic insulation of the development will provide sufficient protection for residents of the same or adjoining buildings from noise and vibration from elsewhere in the development. (R49BA)
24 You must apply to us for approval of sound insulation measures and a Noise Assessment Report to demonstrate that the sound insulation will be sufficient to protect residential from break-out of internal activity noise and that the development will comply with the Council's noise criteria set out in Condition 22 and 23 of this permission. You must not start work on this part of the development until we have approved what you have sent us. You must then carry out the work according to the details approved before the residential units are occupied and thereafter retain and maintain.
Reason: As set out in ENV 6 (1), (6) and (8) and ENV 7 (A)(1) of our Unitary Development Plan that we adopted in January 2007 (UDP), so that the noise environment of people in noise sensitive properties is protected, including the intrusiveness of tonal and impulsive sounds; and as set out in S32 of Westminster's City Plan (November 2016), by contributing to reducing excessive ambient noise levels. (R51BB)
25 The design and structure of the development shall be of such a standard that it will protect residents within it from existing external noise so that they are not exposed to levels indoors of more than 35 dB LAeq 16 hrs daytime and of more than 30 dB LAeq 8 hrs in bedrooms at night.
Reason: As set out in ENV6 (4) of our Unitary Development Plan that we adopted in January
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2007, and the related Policy Application at sections 9.84 to 9.87, in order to ensure that design, structure and acoustic insulation of the development will provide sufficient protection for residents of the development from the intrusion of external noise. (R49AA)
26 (1) Noise emitted from the emergency plant and generators hereby permitted shall not increase the minimum assessed background noise level (expressed as the lowest 24 hour LA90, 15 mins) by more than 10 dB one metre outside any premises., , (2) The emergency plant and generators hereby permitted may be operated only for essential testing, except when required by an emergency loss of power., , (3) Testing of emergency plant and generators hereby permitted may be carried out only for up to one hour in a calendar month, and only during the hours 09.00 to 17.00 hrs Monday to Friday and not at all on public holidays.
Reason: As set out in S32 of Westminster's City Plan (November 2016) and ENV 7 (B) of our Unitary Development Plan that we adopted in January 2007. Emergency and auxiliary energy generation plant is generally noisy, so a maximum noise level is required to ensure that any disturbance caused by it is kept to a minimum and to ensure testing and other non-emergency use is carried out for limited periods during defined daytime weekday hours only, to prevent disturbance to residents and those working nearby. (R50AB)
27 You must apply to us for approval of details of the ventilation system to get rid of cooking smells for the hotel kitchen and where appropriate for the Sky bar and cultural use, including details of how it will be built and how it will look. You must not commence works to build out the sub-structure of the relevant parts of the development until we have approved these details. You must then carry out the works in accordance with these details and maintain them thereafter
Reason: To protect the environment of people in neighbouring properties as set out in S31 of Westminster's City Plan (November 2016) and ENV 5 of our Unitary Development Plan that we adopted in January 2007.
28 No live or recorded music shall be played in the non residential parts of the building that is audible outside of the premises.
Reason: To protect neighbouring residents from noise nuisance, as set out in S24, S29 and S32 of Westminster's City Plan (November 2016) and ENV 6 of our Unitary Development Plan that we adopted in January 2007. (R13EC)
29 You must not use the Class D1 floorspace hereby approved, until you have applied to us for approval of an Operation Management Plan for the cultural use to include details of the proposed occupier, the nature of the Class D1 use, hours of use, numbers of staff and customers/visitors and indicative layout plans for the premises. The Class D1 use must thereafter operate in accordance with the details approved by us under this
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condition.
Reason: Because this is a residential neighbourhood, we need to prevent use of the property for any unsuitable purposes. This is as set out in S29 and S34 of Westminster's City Plan (November 2016) and SOC 1 (B) of our Unitary Development Plan that we adopted in January 2007. (R10AC)
30 Customers shall not be permitted within the Sky bar premises before 07.00 or after 02.00 (the following day) each day. (C12AD)
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 TACE10 of our Unitary Development Plan that we adopted in January 2007. (R12AC)
31 The gardens to the north and west of the 'Y' building indicated for use by hotel guests and the terrace at 35th floor level of the tower shall not be used outside of the following hours 07:00 and 22:00.
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 ENV13 of our Unitary Development Plan that we adopted in January 2007. (R12AC)
32 The glass that you put in the end windows in the westernmost elevation of the Y building must not be clear glass, and you must fix it permanently shut. You must apply to us for approval of a sample of the glass (at least 300mm square). You must not start work on the relevant part of the development until we have approved the sample. You must then fit the type of glass we have approved and must not change it without our permission. (C21DB)
Reason: To protect the privacy and environment of people in neighbouring properties, as set out in S29 of Westminster's City Plan (November 2016) and ENV 13 of our Unitary Development Plan that we adopted in January 2007. (R21AC)
33 You must not use the roof of the Y building, car lift, northern or southern end of the podium (as shown on the approved third floor plan) for sitting out or for any other purpose. You can however use the roofs to escape in an emergency or for maintenance purposes. (C21AA)
Reason: To protect the privacy and environment of people in neighbouring properties. This is as set out in S29 and S32 of Westminster's City Plan (November 2016) and ENV 6 and ENV 13 of our Unitary Development Plan that we adopted in January 2007. (R21BC)
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34 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 in writing what you have sent us. You must then carry out the work according to the approved details. (C31CC)
Reason: To protect trees and the character and appearance of the site as set out in S38 of Westminster's City Plan (November 2016) and DES 1 (A), ENV 16 and ENV 17 of our Unitary Development Plan that we adopted in January 2007. (R31CC)
35 Notwithstanding the submitted drawings, you must apply to us for approval of detailed drawings (including cross referenced plans to show their location) of a hard and soft landscaping scheme which includes: , , i) The number, size, species and position of trees and shrubs;, ii) details of the planting at the northernmost end of the podium roof (third floor level) which must not exceed 0.5m in height when mature., , 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 out the landscaping and planting within 1 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 3 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, to improve its contribution to biodiversity and to enhance the quality of local environment. This is as set out in S29 and 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)
36 (a) 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 start any work until we have approved what you have sent us. You must then adhere to the approved supervision schedule. , , (b) You must produce written site supervision reports as detailed in part (a) after each site monitoring visit, demonstrating that you have carried out the supervision and that the tree protection is being provided in accordance with the approved scheme. If any damage to trees, root protection areas or other breaches of tree protection measures occur then details of the incident and any mitigation/amelioration must be included You must send copies of each written site supervision record to us within five days of the site visit.
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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 (November 2016) and DES 1 (A), ENV 16 and ENV 17 of our Unitary Development Plan that we adopted in January 2007. (R31AC)
37 Notwithstanding that shown on the approved plans, you must not put planters, tubs, tables, chairs or adverts on the road or pavement. (C24BA)
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)
38 Pre Commencement Condition., (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)
Reason: To protect the archaeological heritage of the City of Westminster as set out in S25 of Westminster's City Plan (November 2016) and DES 11 of our Unitary Development Plan that we adopted in January 2007. (R32BC)
39 You must carry out the development in accordance with the following:, , Desktop study approved under 17/10149/ADFULL dated 27.11.2017., Site investigation report approved approved under 18/04762/ADFULL dated 18.09.2018., Remediation strategy approved under 19/00492/ADFULL dated 13.02.2019., , You must apply to us for approval of a Validation report which summarises the action you have taken during the development and what action you will take in the future (if appropriate) prior to occupation. (see informative 3)
Reason: To make sure that any contamination under the site is identified and treated so that it does not harm anyone who uses the site in the future. This is as set out in STRA 34 and ENV 8 of our Unitary Development Plan that we adopted in January 2007. (R18AA)
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40 Prior to occupation of any part of the building, you must submit for approval in writing by the City Council, in consultation with the GLA details of how the Water Source Heat Pump and Combined Heat and Power systems will work together to optimise efficiencies. This should include of how the building has been designed to minimise pipe lengths as far as possible. The development shall thereafter be carried out in accordance with these approved details and maintained thereafter.
Reason: To ensure the development achieves carbon reduction through the use of on site sustainable technologies, in accordance with S40 in Westminster's City Plan (November 2016).
41 The Hotel and Cultural uses shall achieve BREEAM 'excellent' rating of higher (or any such national measure of sustainability for non residential design that replaces that scheme of the same standard). You must not occupy these parts of the building until a copy of a Building Research Establishment (or equivalent independent assessment) Final post Construction Stage Assessment and Certification, confirming that the non-residential building has achieved BREEAM 'Very Good' rating or higher, has been submitted to an approved by us.
Reason: To make sure that the development provides the environmental sustainability features included in your application as set out in S28 or S40, or both, of Westminster's City Plan (November 2016). (R44AC)
42 A detailed scheme to prevent overheating based on a whole house ventilation scheme with the residential windows closed shall be submitted to and approved by the City Council and you must implement the scheme we approve prior to occupation of the residential flats and thereafter maintain it for the lifetime of the development.
Reason: To ensure that the residential flats do not suffer from overheating and provide a high quality living environment in accordance with Policy S29 in Westminster's City Plan that we adopted in November 2016.
43 The proposed development shall provide the following in accordance with the plans hereby approved: - 232-bedroom hotel (Class C1).
Reason: To ensure that the development of this site is in compliance with details and particulars which have been approved by the Local Planning Authority.
44 Pre-Commencement Condition, Notwithstanding that shown on the approved plans, you must apply to us for approval of samples of the facing materials you will use for the prow including the lantern, including glazing, and elevations and roof plans annotated to show where the materials are to be located. You must not start work until we have
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approved what you have sent us. You must then carry out the work using the approved materials.
Reason: To protect the special architectural or historic interest of this listed building. This is as set out in S25 and S28 of Westminster's City Plan (November 2016) and DES 1, DES 10 (A) and paras 10.129 to 10.146 of our Unitary Development Plan that we adopted in January 2007. (R26ED)
45 You must apply to us for approval of details of the following biodiversity and sustainability features:, - bird boxes., - water harvesting , You must not start work on this part of the development until we have approved what you have sent us. You must then carry out the work in accordance with the approved details.
Reason: To increase the biodiversity of the environment and to make sure that the development affects the environment as little as possible, as set out in S28, S38 and S40 of Westminster's City Plan (November 2016) and ENV 17 of our Unitary Development Plan that we adopted in January 2007.
46 Pre Commencement Condition. Notwithstanding the approved plans and documents, you must apply to us for approval of an updated Air Quality Assessment. You must not start any work until we have approved what you have sent us. , , The air quality assessment should review and assess the impact to both existing and future occupiers of the development using air quality dispersion modelling. The inputs of the modelling study should be based on the approve transport assessment and use the selected plant required by the energy centre and include any back up combustion technology. , , In the event that the updated Air quality assessment shows that the approved scheme will have any adverse impacts to local air quality and or introduce new receptors to an area of poor air quality you must apply for us for approval for appropriate offsetting and mitigation measures. You must not start work not start work on the site until we have approved details of the appropriate arrangements. In the case of each of the appropriate offsetting and mitigation measures, you must include in the arrangements details of when you will provide the benefits, and how you will guarantee this timing. , , You must only carry out the development according to the approved arrangements.,
Reason: To ensure the development complies with S31 of Westminster's City Plan (November 2016) and Policy 7.14 of the London Plan (2016)
47 Pre Commencement Condition. Notwithstanding the approved plans and documents, you must apply to us for approval of an updated Air Quality Neutral Assessment. You must not start any work until we have approved what you have sent us. , , The air quality neutral assessment should use data taken from the approved transport assessment and use the selected plant required by the energy centre and include any back up combustion technology operating at a maximum capacity for a full calendar year. , , In the event that the updated Air Quality Neural Assessment shows that the approved scheme will not be
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air quality neutral for either transport or building emissions you must apply for us for approval for of appropriate offsetting and mitigation measures. You must not start work not start work on the site until we have approved details of the appropriate arrangements. In the case of each of the appropriate offsetting and mitigation measures, you must include in the arrangements details of when you will provide the benefits, and how you will guarantee this timing. ,
Reason: To ensure the development complies with S31 of Westminster's City Plan (November 2016) and Policy 7.14 of the London Plan (2016)
48 You must apply to us for approval of details of mechanical ventilation with inlets, incorporating either air quality filtration/or positioned in an area of suitable air quality, incorporated into the building design for the residential and hotel uses. You must not start work on this part of the development until we have approved what you have sent us. You must then carry out the work in accordance with the approved details.
Reason: To ensure the development complies with S31 of Westminster's City Plan (November 2016) and Policy 7.14 of the London Plan (2016)
49 At least 10% of the hotel bedrooms provided shall be wheelchair accessible.
Reason: To comply with London Plan Policy 4.5.
50 You must apply to us for approval of details of the vertical wind screens for the third floor private terraces. You must not start work on this part of the development until we have approved what you have sent us. You must then carry out the work in accordance with the approved details.
Reason: To protect the special architectural or historic interest of this listed building. This is as set out in S25 and S28 of Westminster's City Plan (November 2016) and DES 1, DES 10 (A) and paras 10.129 to 10.146 of our Unitary Development Plan that we adopted in January 2007. (R26ED)
51 You must apply to us for approval of detailed drawings and a bio-diversity management plan in relation to the typical brown roof, sedum roof and living green wall to include construction method, layout, species and maintenance regime., , You must not commence works on the relevant part of the development until we have approved what you have sent us. You must carry out this work according to the approved details and thereafter retain and maintain in accordance with the approved management plan.
Reason: To increase the biodiversity of the environment, as set out in S38 of Westminster's City Plan (November 2016) and ENV 17 of our Unitary Development Plan that we adopted in
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January 2007. (R43FB)
Informative(s):
1 In dealing with this application the City Council has implemented the requirement in the National Planning Policy Framework to work with the applicant in a positive and proactive way. We have made available detailed advice in the form of our statutory policies in Westminster's City Plan (November 2016), Unitary Development Plan, neighbourhood plan (where relevant), supplementary planning documents, planning briefs and other informal written guidance, as well as offering a full pre application advice service, in order to ensure that applicant has been given every opportunity to submit an application which is likely to be considered favourably. In addition, where appropriate, further guidance was offered to the applicant at the validation stage.
2 There is insufficient information to determine if the CHP boiler will comply with the Clean Air Act 1993 and the applicant will be required to apply to the council's Environmental Health team to approve the height of the energy centre flue.
3 Any deviation from the approved documents under planning references 17/10149/ADFULL (Phase 1 desk study) 18/04762/ADFULL (Phase 2 Site investigation) and 19/00492/ADFULL (Phase 3 Remediation Strategy) will require a require a revised assessment to be submitted.
4 When carrying out building work you must take appropriate steps to reduce noise and prevent nuisance from dust. The planning permission for the development may include specific conditions relating to noise control, hours of work and consideration to minimising noise and vibration from construction should be given at planning application stage. You may wish to contact to our Environmental Sciences Team (email: [email protected]) to make sure that you meet all the requirements before you draw up contracts for demolition and building work. , , When a contractor is appointed they may also wish to make contact with the Environmental Sciences Team before starting work. The contractor can formally apply for consent for prior approval under Section 61, Control of Pollution Act 1974. Prior permission must be sought for all noisy demolition and construction activities outside of core hours on all sites. If no prior permission is sought where it is required the authority may serve a notice on the site/works setting conditions of permitted work (Section 60, Control of Pollution Act 1974)., , British Standard 5228:2014 'Code of practice for noise and vibration control on construction and open sites' has been recognised by Statutory Order as the accepted guidance for noise control during construction work., , An action in statutory nuisance can be brought by a member of the public even if the works are being carried out in accordance with a prior approval or a notice.
5 Under the Greater London Council (General Powers) Act 1973, as amended by the Deregulation Act 2015, you need planning permission to use residential premises as 'temporary
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sleeping accommodation' (i.e. where the accommodation is occupied by the same person or persons for less than 90 consecutive nights) unless the following two conditions are met:, , 1. The number of nights in any single calendar year in which the property is used to provide 'temporary sleeping accommodation' does not exceed 90 [ninety]., 2. The person who provides the sleeping accommodation pays council tax in respect of the premises under Part 1 of the Local Government Finance Act 1992 (where more than one person provides the sleeping accommodation, at least one of those persons must pay council tax in respect of the premises)., , This applies to both new and existing residential accommodation. Please see our website for more information: www.westminster.gov.uk/short-term-lets., , Also, under Section 5 of the Greater London Council (General Powers) Act 1984 you cannot use the property for any period as a time-share (that is, where any person is given a right to occupy all or part of a flat or house for a specified week, or other period, each year).
6 Please contact a Metropolitan Police Designing Out Crime Officers about suitable security measures for your development. You should also check whether these features will need planning permission. The contact details for Designing Out Crime Officers that cover Westminster can be found at the following link: www.securedbydesign.com/contact-us/national- network-of-designing-out-crime-officers?view=article&id=308#metropolitan-police-service-north- west-region.
7 The development for which planning permission has been granted has been identified as potentially liable for payment of both the Mayor of London and Westminster City Council's Community Infrastructure Levy (CIL). Further details on both Community Infrastructure Levies, including reliefs that may be available, can be found on the council's website at: , www.westminster.gov.uk/cil, , Responsibility to pay the levy runs with the ownership of the land, unless another party has assumed liability. If you have not already you must submit an Assumption of Liability Form immediately. On receipt of this notice a CIL Liability Notice setting out the estimated CIL charges will be issued by the council as soon as practicable, to the landowner or the party that has assumed liability, with a copy to the planning applicant. You must also notify the Council before commencing development using a Commencement Form, , CIL forms are available from the planning on the planning portal: www.planningportal.gov.uk/planning/applications/howtoapply/whattosubmit/cil, , Forms can be submitted to [email protected], , Payment of the CIL charge is mandatory and there are strong enforcement powers and penalties for failure to pay, including Stop Notices, surcharges, late payment interest and prison terms.
8 This permission is governed by a legal agreement between the applicant and us under Section 106 of the Town and Country Planning Act 1990. The agreement relates to:
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i. The provision of a cultural facility on a 125 year lease with a peppercorn rent for 50 years, with the end user to be agreed by the City Council prior to the occupation of the cultural facility; ii. A contribution of £2.5million (index linked) towards the fitting out of the cultural facility to be paid prior to the proposed occupier of the cultural facility starting its works to fit out the proposed cultural facility; iii. The provision of a publicly accessible 'Skybar' with no admission fee; iv. Costs of all highway works surrounding the site required for the development to occur including vehicle crossovers, changes to on-street restrictions, returning the footway on Thorney Street and footway repaving; v. Provision of public art to the sum of £100K (index linked); vi. Comply with the Council's Code of Construction Practice, to provide a Site Environmental Management Plan and provide a financial contribution of £110,000 (£55,000 per annum based on 2 year demolition / construction period) prior to commencement of demolition to fund the Environmental Inspectorate and monitoring by Environmental Sciences officers; vii. A payment of £59,115.84 (index linked and payable on commencement) towards Employment, Training and Skills Development; viii. Costs of monitoring the S106 agreement; ix. Unallocated parking. x. A payment of £619,000 towards Carbon Offset (index linked and payable on commencement) xi) A payment of £1,685,577 towards the council’s affordable housing fund (index linked and payable on commencement of development) with a late stage review mechanism.
Please note: the full text for informatives can be found in the Council’s Conditions, Reasons & Policies handbook, copies of which can be found in the Committee Room whilst the meeting is in progress, and on the Council’s website.
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DRAFT DECISION LETTER
Address: Development Site At Millbank Complex, 21 - 30 Millbank, London, SW1P 4QP,
Proposal: Variation of Condition 1 of listed building consent dated 26 June 2016 (15/09739/LBC) for Refurbishment and replacement of facades and erection of 2 additional floors and plant enclosure to both Millbank Tower and 1 additional floor to the Y buildings; excavation of basement levels; demolition of rear car park in association with re-landscaping and reconfiguration of wider site; all in association with the use of the Tower as 207 private residential flats (Class C3) and Skybar (ancillary to adjacent Class C1), the south podium and part of tower as an arts/ cultural facility (Class D1) and the north podium and Y buildings as a 150 bedroom hotel (Class C1) with restaurant, bar and cafe at ground floor level. Use of roof of podium building as a terrace with associated alterations, NAMELY to allow changes to list of approved plans for internal and external amendments to accommodate an increase in number of hotel bedrooms from 150 to 232, complete demolition and rebuilding of the prow to allow for reconfiguation of arts/cultural facility, amendments to the residential mix/layouts in the Tower, re-configuration of basement car parking, adjustments to landscaping and associated alterations.
Reference: 18/09096/LBC
Plan Nos: Approved Drawings and Documents under ref 15/09739/LBC 1631-G200-P-B3-001 B; 1631-G200-P-B2-001 E; 1631-G200-P-B1-001 F; 1631- G200-P-00-001 E; 1631-G200-P-00-002 E; 1631-G200-P-01-001 F; 1631-G200-P- 02-001 F; 1631-G200-P-03-001 D; 1631-G200-P-04-001 D; 1631-G200-P-05-001 B; 1631-G200-P-06-001 B; 1631-G200-P-07-001 B; 1631-G200-P-08-001 D; 1631- G200-P-09-001 B; 1631-G200-P-10-001 A; 1631-G200-P-32-001 C; 1631-G200-P- 33-001 D; 1631-G200-P-34-001 D; 1631-G200-P-35-001 D; 1631-G200-P-36-001 A; 1631-G200-S-AA-001 A; 1631-G200-S-AA-002 A; 1631-G200-S-BB-001 A; 1631- G200-S-CC-001 A; 1631-G200-E-N-001 A; 1631-G200-E-E-001 B; 1631-G200-E-S- 001 A; 1631-G200-E-W-001 A; 1631-JC20-P-B-100 B; 1631-JC20-P-00-001 B; 1631-JC20-P-01-001 B; 1631-JC20-P-TY-001 B; 1631-JC20-P-RF-001 B; 1631- JC20-EX-E-N-001; 1631-JC20-EX-E-S-001; 1631-JC20-EX-E-E-001; 1631-JC20- EX-E-W-001; 1631-G100-XP-AL-001 P1; 1631-G200-XP-AL-002 P1; 1631-G200- XS-BB-100 P1; 1631-G200-XP-B-001 P1; 1631-G200-XP-MG-001 P1; 1631-G200- XP-00-001 P1; 1631-G200-XP-01-001 P1; 1631-G200-XP-02-001 P1; 1631-G200- XP-03-001 P1; 1631-G200-XP-11-001 P1; 1631-G200-XP-25-001 P1; 1631-G200- XP-31-001 P1; 1631-G200-XP-32-001 P1; 1631-G200-XP-33-001 P1; 1631-G200- XP-RF-001 P1; 1631-G200-ES-AA-001 P1; 1631-G200-ES-BB-001 P1; 1631- G200-ES-CC-001 P1; 1631-G200-EX-E-N-001 P1; 1631-G200-EX-E-E-001 P1; 1631-G200-EX-E-S-001 P1; 1631-G200-EX-E-W-001 P1., For information only: basement impact assessment dated August 2015 and addendum dated February 2016; structural concept report dated August 2015 and addendum dated February 2016; Statement of community involvement; heritage impact assessment dated August 2015 and addendum dated February 2016; façade investigation report by Sandberg; Statement of significance; townscape and visual assessment dated February 2016; Design and access statement dated August 2015 and addendum
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dated February 2016; transport assessment dated August 2015 and addendum dated February 2016; energy report dated August 2015 and addendum dated February 2016; sustainability report dated August 2015 and addendum dated February 2016; construction management plan dated August 2015 and addendum dated February 2016; planning statement dated August 2015 and addendum dated February 2016; drainage assessment dated August 2015 and addendum dated February 2016; environmental statement non-technical summary dated August 2015 and addendum dated February 2016; environmental statement volume 1 dated August 2015 and addendum dated February 2016; environmental statement volume 2 dated August 2015 and addendum dated February 2016; environmental statement volume 3 dated August 2015 and addendum dated February 2016; File note by Alan Beadle dated 17 March 2016;
Amended drawings , Site Plan - 1631.01-JMP-MP-DR-A-21011:500 Rev A, Proposed Plans - 1631.01-JMP-MP-00-DR-A-3102 Rev A; 1631.01-JMP-MP-01- DR-A-3103 Rev A; 1631.01-JMP-MP-02-DR-A-3104 Rev A, 1631.01-JMP-MP-03- DR-A-3105 Rev A; 1631.01-JMP-MP-07-DR-A-3106 Rev A; 1631.01-JMP-MP-08- DR-A-3107 Rev A; 1631.01-JMP-MP-09-DR-A-3108 Rev A; 1631.01-JMP-MP-17- DR-A-3109 Rev A; 1631.01-JMP-MP-33-DR-A-3110 Rev A; 1631.01-JMP-MP-34- DR-A-3111 Rev A; 1631.01-JMP-MP-35-DR-A-3112 Rev A; 1631.01-JMP-MP-RF- DR-A-3113 Rev A; 1631.01-JMP-MP-00-DR-A-3114 Rev A; 1631.01-JMP-MP-B1- DR-A-3100 Rev A; 1631.01-JMP-MP-B2-DR-A-3101 Rev A; 1631.01-JMP-MP-B3- DR-A-3117 Rev A;
Proposed Sections - 1631.01-JMP-MP-AA-DR-A-5100 Rev A; , 1631.01-JMP-MP- BB-DR-A-5101 Rev A; 1631.01-JMP-MP-CC-DR-A-5102 Rev A; 1631.01-JMP-MP- DD-DR-A-5103 Rev A; 1631.01-JMP-MP-EE-DR-A-5104 Rev A; 1631.01-JMP-MP- FF-DR-A-5105 Rev A., , Proposed Elevations - 1631.01-MP-EN-DR-A-4100 Rev A; 1631.01-MP-EE-DR-A-4101 Rev A; 1631.01-MP-ES-DR-A-4102 Rev A; 1631.01- MP-EW-DR-A-4103 Rev A; 1631.01-MP-EN-DR-A-4200 Rev A; 1631.01-MP-EE- DR-A-4201 Rev A; 1631.01-MP-ES-DR-A-4202 Rev A; 1631.01-MP-EW-DR-A-4203 Rev A.
Demolition Plans - 1631.01-JMP-MP-B1-DR-A-3500 Rev A, 1631.01-JMP-MP-00- DR-A-3501 Rev A; 1631.01-JMP-MP-01-DR-A-3502 Rev A;, 1631.01-JMP-MP-02- DR-A-3503 Rev A; 1631.01-JMP-MP-03-DR-A-3504 Rev A; 1631.01-JMP-MP-04- DR-A-3505 Rev A; 1631.01-JMP-MP-08-DR-A-3506 Rev A; 1631.01-JMP-MP-09- DR-A-3507 Rev A; 1631.01-JMP-MP-31-DR-A-3508 Rev A; 1631.01-JMP-MP-33- DR-A-3509 A;, 1631.01-JMP-MP-M1-DR-A-3510 Rev A., , Documents, Design and Access Statement, Statement of Significance, Heritage Impact Assessment Addendum, Environmental Impact Assessment Addendum.
Case Officer: Matthew Mason Direct Tel. No. 020 7641 07866037944
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Recommended Condition(s) and Reason(s)
1 The works hereby permitted shall be carried out in accordance with the drawings and other documents listed on this decision letter, and any drawings approved subsequently by the City Council as local planning authority pursuant to any conditions on this decision letter.
Reason: For the avoidance of doubt and in the interests of proper planning.
2 You must not carry out demolition work unless it is part of the complete development of the site. You must carry out the demolition and development without interruption and according to the drawings we have approved. (C29BB)
Reason: To maintain the special architectural or historic interest of this listed building as set out in S25 and S28 of Westminster's City Plan (November 2016) and DES 1 and paras 10.129 to 10.146 of our Unitary Development Plan that we adopted in January 2007 and Section 74(3) or Section 17(3) of the Planning (Listed Buildings and Conservation Areas) Act 1990. (R29BC)
3 All new work and improvements inside and outside the building must match existing original adjacent work in terms of the choice of materials, method of construction and finished appearance. This applies unless differences are shown on the approved drawings or are required in conditions to this permission. (C27AA)
Reason: To protect the special architectural or historic interest of this listed building. This is as set out in S25 and S28 of Westminster's City Plan (November 2016) and DES 1 of our Unitary Development Plan that we adopted in January 2007, and paragraph 2.4 of our Supplementary Planning Guidance: Repairs and Alterations to Listed Buildings. (R27BD)
4 You must not disturb existing ornamental features. You must leave them in their present position unless changes are shown on the approved drawings or are required by conditions to this permission. You must protect those features properly during work on site.
Reason: To protect the special architectural or historic interest of this listed building. This is as set out in S25 and S28 of Westminster's City Plan (November 2016) and DES 1 of our Unitary Development Plan that we adopted in January 2007, and paragraph 2.4 of our Supplementary Planning Guidance: Repairs and Alterations to Listed Buildings. (R27BD)
5 You must carry out the development in accordance with the samples of the facing
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materials, including glazing, approved under 18/08016/ADLBC dated 19.11.2018.
Reason: To protect the special architectural or historic interest of this listed building. This is as set out in S25 and S28 of Westminster's City Plan (November 2016) and DES 1 of our Unitary Development Plan that we adopted in January 2007, and paragraph 2.4 of our Supplementary Planning Guidance: Repairs and Alterations to Listed Buildings. (R27BD)
6 You must carry out the development in accordance with the full size (1:1 scale) sample of a typical bay of both the tower and Y building facade approved under 18/08016/ADLBC dated 19.11.2018.
Reason: To protect the special architectural or historic interest of this listed building. This is as set out in S25 and S28 of Westminster's City Plan (November 2016) and DES 1 of our Unitary Development Plan that we adopted in January 2007, and paragraph 2.4 of our Supplementary Planning Guidance: Repairs and Alterations to Listed Buildings. (R27BD)
7 You must apply to us for approval of detailed drawings showing the proposed window blinds for the building complex. You must not start work on this part of the development until we have approved what you have sent us. You must then carry out the work in accordance with the approved details.
Reason: To protect the special architectural or historic interest of this listed building. This is as set out in S25 and S28 of Westminster's City Plan (November 2016) and DES 1 of our Unitary Development Plan that we adopted in January 2007, and paragraph 2.4 of our Supplementary Planning Guidance: Repairs and Alterations to Listed Buildings. (R27BD)
8 You must carry out the development in accordance with the detailed plans, elevations and x-sections of the new cladding systems for the building complex approved under 18/08016/ADLBC dated 19.11.2018.
Reason: To protect the special architectural or historic interest of this listed building. This is as set out in S25 and S28 of Westminster's City Plan (November 2016) and DES 1 of our Unitary Development Plan that we adopted in January 2007, and paragraph 2.4 of our Supplementary Planning Guidance: Repairs and Alterations to Listed Buildings. (R27BD)
9 Notwithstanding that shown on the approved plans, you must apply to us for approval of detailed drawings of the following parts of the development: , , i) any new external doors at a scale of 1:10, ii) any new gates, railings, boundary walls or balustrades at a scale of 1:10, iii) the new opening in the ground floor (access to car lift) at a scale of 1:50, iv) the infilled section of the ground floor at a scale of 1:50, , You must not start work on these parts of the development until we have approved what you have sent us. You must then carry out these works according to these details.
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Reason: To protect the special architectural or historic interest of this listed building. This is as set out in S25 and S28 of Westminster's City Plan (November 2016) and DES 1 of our Unitary Development Plan that we adopted in January 2007, and paragraph 2.4 of our Supplementary Planning Guidance: Repairs and Alterations to Listed Buildings. (R27BD)
10 You must not put any satellite or radio antennae or other structures on the roofs of the complex unless they are wholly contained within the approved roof top enclosures. The must not project beyond the top of any enclosure.
Reason: To protect the special architectural or historic interest of this listed building. This is as set out in S25 and S28 of Westminster's City Plan (November 2016) and DES 1 of our Unitary Development Plan that we adopted in January 2007, and paragraph 2.4 of our Supplementary Planning Guidance: Repairs and Alterations to Listed Buildings. (R27BD)
11 You must apply to us for approval of a schedule of original or historic fixtures and fittings to be removed from the foyers and ground floor areas of the complex, showing how they are going to be re-instated in the building or relocated. You must not start work on these parts of the development until we have approved what you have sent us. You must then carry out the works in accordance with these approved details.
Reason: To protect the special architectural or historic interest of this listed building. This is as set out in S25 and S28 of Westminster's City Plan (November 2016) and DES 1 of our Unitary Development Plan that we adopted in January 2007, and paragraph 2.4 of our Supplementary Planning Guidance: Repairs and Alterations to Listed Buildings. (R27BD)
12 You must not put structures such as canopies, fences, loggias, trellises or satellite or radio antennae on the roof terraces or balconies.
Reason: To protect the special architectural or historic interest of this listed building. This is as set out in S25 and S28 of Westminster's City Plan (November 2016) and DES 1 of our Unitary Development Plan that we adopted in January 2007, and paragraph 2.4 of our Supplementary Planning Guidance: Repairs and Alterations to Listed Buildings. (R27BD)
13 Pre-Commencement Condition, Notwithstanding that shown on the approved plans, you must apply to us for approval of samples of the facing materials you will use for the prow including the lantern, including glazing, and elevations and roof plans annotated to show where the materials are to be located. You must not start work until we have approved what you have sent us. You must then carry out the work using the approved materials.
Reason: To protect the special architectural or historic interest of this listed building. This is as set out in S25 and S28 of Westminster's City Plan (November 2016) and DES 1 of our Unitary Development Plan that we adopted in January 2007, and paragraph 2.4 of our
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Supplementary Planning Guidance: Repairs and Alterations to Listed Buildings. (R27BD)
Informative(s):
1 SUMMARY OF REASONS FOR GRANTING CONDITIONAL LISTED BUILDING CONSENT - In reaching the decision to grant listed building consent with conditions, the City Council has had regard to the relevant policies in the National Planning Policy Framework, the London Plan 2016, Westminster's City Plan (November 2016), and the City of Westminster Unitary Development Plan adopted January 2007, as well as relevant supplementary planning guidance, representations received and all other material considerations., , The City Council decided that the proposed works would not harm the special architectural and historic interest of this listed building., , In reaching this decision the following were of particular relevance:, S25 and S28 of Westminster's City Plan and DES 10 including paras 10.130 to 10.146 of the Unitary Development Plan, and paragraph 2.4 of our Supplementary Planning Guidance: Repairs and Alterations to Listed Buildings.
2 You will need to contact us again if you want to carry out work on the listed building which is not referred to in your plans. This includes:, , * any extra work which is necessary after further assessments of the building's condition;, * stripping out or structural investigations; and, * any work needed to meet the building regulations or other forms of statutory control., , Please quote any 'TP' and 'RN' reference numbers shown on this consent when you send us further documents., , It is a criminal offence to carry out work on a listed building without our consent. Please remind your client, consultants, contractors and subcontractors of the terms and conditions of this consent. (I59AA)
Please note: the full text for informatives can be found in the Council’s Conditions, Reasons & Policies handbook, copies of which can be found in the Committee Room whilst the meeting is in progress, and on the Council’s website.
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CITY OF WESTMINSTER
PLANNING Date Classification APPLICATIONS SUB For General Release COMMITTEE 26 May 2020 Report of Ward(s) involved Director of Place Shaping and Town Planning Vincent Square Subject of Report 65 HORSEFERRY ROAD, LONDON, SW1P 2ED Proposal Erection of side extension comprising of basement, ground, and double height first floor level to provide additional accommodation for Westminster Coroner's Court. Internal alterations to main building at ground and first floor levels and landscaping. Agent Lynch Architects Ltd On behalf of Westminster City Council Registered Number 20/01252/COFUL & Date amended/ 20/01253/COLBC completed 25 February 2020 Date Application 20 February 2020 Received Historic Building Grade II Conservation Area No (adjacent to Medway Street, Vincent Square, and Page Street CAs)
1. RECOMMENDATION
1. Grant conditional permission and listed building consent under Regulation 3 of the Town and Country Planning General Regulations 1992. 2. Agree the reasons for granting listed building consent as set out in Informative 1 of the draft decision letter
2. SUMMARY
65 Horseferry Road, Westminster Coroner's Court is a grade II listed building. The building lies outside of a Conservation Area but is within the immediate setting of several Conservation Areas, including the Medway Street Conservation Area directly to the north, the Vincent Square Conservation Area to the west and Page Street Conservation Area to the south. The site is also within the Pimlico Area of Special Archaeological Priority and the Core Central Activities Zone (CAZ).
Planning permission and listed building consent is sought for the erection of a side extension comprising of basement, ground, and a double height first floor level to provide additional accommodation for Westminster Coroner's Court, associated internal alterations to the main building at ground and first floor levels and landscaping around the site.
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The key considerations are:
• the acceptability of the additional floorspace; • The impact on the listed building and the streetscape; • the impact on the amenity of neighbouring residents; and • the impact on the local highway network.
The Coroner’s Court jurisdiction covers the Boroughs of Westminster, Kensington and Chelsea, Wandsworth and Merton. The Mortuary/ Coroner's Court Service has suffered from a lack of office space for a number of years, and temporary permissions have previously been granted to erect and retain portacabins in the east and west courtyards for this purpose. The proposal is for the erection of an extension to the west side of the building to provide a permanent solution.
Objections have been received from The Thorney Island Society and The Victorian Society to the form and design of the extension and its resulting impact on the listed building and townscape. It is considered that the extension offers a well-considered, distinguished piece of architecture that is fitting for a prominent Civic building of this status and the impact upon the host listed building is less than substantial but justified by the wider benefits of the scheme.
The application is considered acceptable in land use, design, amenity and highways terms and would comply with the relevant London Plan, City Plan and Unitary Development Plan policies. It is therefore recommended for conditional approval.
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3. LOCATION PLAN
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This production includes mapping data licensed from Ordnance Survey with the permission if the controller of Her Majesty’s Stationary Office (C) Crown Copyright and /or database rights 2013. All rights reserved License Number LA 100019597
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4. PHOTOGRAPHS
Front elevation
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West side elevation (location for side extension)
West side elevation
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West side elevation
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Views of the western side of the site
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5. CONSULTATIONS
THE THORNEY ISLAND SOCIETY: The Thorney Island Society understand the need to extend the building on the west side of the existing building and welcome the proposed improvements to the landscaping around the Coroners Court, but object to certain features of the new building:
- The existing is a charming domestic-scale pavilion, for which the monumental scale and design of the proposed extension is inappropriate;
- The Pavilion-like quality of the existing, emphasized by the ornamental eaves cornice running round both prominent elevations means that it should be allowed to read as a free-standing building visible from at least two sides. Any extension on the site proposed would be in conflict with that, but the conflict could be minimized by setting the street frontage of the extension back by at least 3 metres to allow the side or west elevation of the existing to be read as a clear return, and by keeping the height of the extension a full storey lower.
- The proposed vaulted roof seems unnecessary. If it was removed the cornice and the pavilion-like quality of the existing would be much more visible and be retained to some extent.
- The windowless blank north wall is aggressively unwelcoming, a redesign in which the building is set back behind a garden would mitigate this, as would the insertion of a window.
- The extension should pick up on the brick colour of the original. Ideally it could be set back much further than 3m from the street - why could it not extend to the western boundary of the site, leaving a garden in front of the extension rather than alongside it?
- The new Garden of Remembrance on the east side of the building will be an improvement, but suggest that a screen of some sort is built on the south side of the courtyard, in order to achieve a better sense of enclosure.
WESTMINSTER SOCIETY: No response to date.
THE VICTORIAN SOCIETY: Do not object to the principle of an extension on this site, but consider the design of that currently proposed would cause an unnecessary amount of harm, and alternative designs should be explored to limit this harm.
Massing: Western elevation obscured, impression of competition with the existing building rather than being subservient, need for alterations to the design including the setting back of the northern façade by at least 3ft so that the prominence of the existing façade remains unchallenged. The barrel vault roof appears incongruous and should be removed, would allow for the height of the building to be reduced, therefore also reinforcing the subservience of the extension.
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Materials: the use of limestone as the main material for the rest of the building which essentially obscures the conspicuousness of the banding. The use of brick would be far more appropriate to the original building and allow the banding to be more legible, whilst the glass link would still ensure that the extension reads as a modern addition.
Link: the proposed opening through two of the bays of the window on the first floor is an unusual choice and would cause further harm by removing the symmetry of this feature. It would be preferable for the opening to be made through the single bay window to the north of that elevation, allowing the triple bay window to remain intact.
ENVIRONMENTAL SCIENCES: No objection subject to conditions (noise related).
ARBORICULTURAL MANAGER: There are no details of the proposed planting. The landscaping scheme should incorporate additional planting aside from just two trees. The boundary treatment is overly severe and ideally it would be softened either by modifying the design or by incorporating more soft landscaping or both. Recommends condition requiring details of landscaping.
BUILDING CONTROL: No objection.
HIGHWAYS PLANNING MANAGER: Undesirable but could be made acceptable.
HISTORIC ENGLAND (ARCHAEOLOGY): Recommends archaeological condition.
ENVIRONMENT AGENCY: No response to date.
THAMES WATER: No objection.
ADJOINING OWNERS/OCCUPIERS AND OTHER REPRESENTATIONS RECEIVED: No. Consulted: 113 No. of replies: 0
PRESS ADVERTISEMENT / SITE NOTICE: Yes
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6. BACKGROUND INFORMATION
6.1 The Application Site
Westminster Coroner's Court is a grade II listed building dating from 1893 the building expresses the Arts and Crafts Style and internally retains many original features and its original plan form. The site is not located within a Conservation Area but it is within the Pimlico Area of Special Archaeological Priority and the Core Central Activities Zone (CAZ).
Westminster Coroners Court is grade II listed and lies outside of a designated Conservation Area. That said, the site lies within the immediate setting of several Conservation Areas, including the Medway Street Conservation Area directly to the north, the Vincent Square Conservation Area to the west and Page Street Conservation Area to the south.
Attributed to GRW Wheeler, the building dates from 1893 and expresses a neo Jacobean Arts and Crafts Style. Comprising three storeys with a modest basement, the building has a domestic scale with a handsome red bricked façade, with Portland stone dressings and distinct first floor oriel window topped by a shallow domed roof above a covered porch. The building is completed by a heavy dentil cornice at the eves of a slate covered shallow pitched roof. A two and a half storey, stock brick addition, with a lantern roof, houses the Court on the first floor and features three arched windows on the western elevation. Adjoining the building, directly to the south is the mortuary, which originally was a much more modest building to the south east of the building.
Internally, the building’s original functional plan form with compartmental rooms is largely intact with many original joinery and interior details. The building’s most significant space is its courtroom located on the first floor which is a large open space with ribbed vaulted roof form with glazed lantern roof. Dark wood features heavily with generous panelling lining the walls, wood ribs define the spring vaulted ceiling and heavy beams spanning the lantern. A glazed ceramic tiled fire surround is a prominent feature in the room.
The building’s significance is attributed to its architectural and aesthetic quality both externally and internally and communal value as a high-profile municipal building within the City.
6.2 Recent Relevant History
2002, 2007 & 2009: Temporary permissions granted for the siting of portacabins in the east and west courtyards (RNs: 02/06554/COFUL, 07/07955/COFUL, & 09/08089/COFUL).
28 March 2006 & 03 May 2006: Planning permission and listed building consent granted for ‘Erection of extension at ground and first floor level to public mortuary’ (RNs: 06/00609/COFUL & 06/00610/COLBC).
22 September 2009 & 18 November 2009: Planning permission and listed building consent granted for ‘Erection of a single storey extension to the side elevation, installation of new gates and construction of a wall to the front elevation and associate
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internal alterations’ (RNs: 09/06087/COFUL & 09/06088/COLBC).
17 April 2018: Planning permission and listed building consent granted for ‘Installation of two gateway openings in the brick boundary walls enclosing the mortuary car park, comprising one large vehicular opening and one smaller gateway’ (RNs: 18/00319/COFUL & 18/00442/COLBC).
7. THE PROPOSAL
Planning permission ad listed building consent is sought for the erection of a side extension comprising of basement, ground, and a double height first floor level to provide additional accommodation for Westminster Coroner's Court, associated internal alterations to the main building at ground floor level and landscaping around the site.
The new accommodation will be housed in a side extension, comprising of a plant room at basement level, and new office rooms at both ground and double height first floor levels.
Internal remodelling of the existing building is also proposed with the necessary works associated with connecting the new extension with the existing building along the west façade.
New landscaping is also proposed around the site with two courtyard gardens for remembrance and reflection: one is for general use (and is already in use, The Garden of Remembrance, constructed in 2018); and the other will be accessed from the new waiting room.
The aims of the proposal are set out in the Design and Access Statement:
“The accommodation in the existing Coroner’s Court building is inadequate for their current needs, meaning that there is insufficient space to accommodate all members of staff working for HM Senior Coroner. As a consequence, a number of staff members are currently located in a satellite office in Tachbrook Street. The extension will provide additional office space; a new larger Juror’s Room, which could be used as a second courtroom when needed; two new offices for the Coroner and her PA; as well as a family room (which could also serve as a waiting room). By providing this much needed extra space, the proposed works will enable the building to meet the demands placed upon the Coroner’s Service by contemporary legislation, and thus preserve the historic use of the building, i.e. allowing it to continue functioning as a Coroner’s Court, as it has always done.”
8. DETAILED CONSIDERATIONS
8.1 Land Use
The Mortuary/Coroner's Court Service has suffered from a lack of office space for a number of years, and permission has previously been granted to erect temporary portacabins in the east and west courtyards for this purpose. The proposal is for the erection of a formal extension to the west side of the building to provide a permanent solution.
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The extension will provide 176 sqm of additional office space; a new larger Juror’s Room, which could be used as a second courtroom when needed; two new offices for the Coroner and her PA; as well as a family room (which could also serve as a waiting room).
Policy S1 and Policy S20 of the Westminster City Plan (November 2016) are applicable. The aim of Policy S1 is to ensure a mix of uses within the CAZ in order to support vitality, function and character. Policy S20 states that new office development will be directed to the Opportunity Areas, the Core Central Activities Zone, the Named Streets, and the North Westminster Economic Development Area. The site is within the Core CAZ and the building is already in office use. The provision of additional office floorspace in this location is therefore acceptable in principle.
8.2 Townscape and Design
Key considerations in assessing the proposals have been impact upon the significance of the grade II Coroners Court, and the setting of neighbouring conservation areas.
Legislation and Policy
Proposals have been assessed against the National Planning Policy Framework (NPPF), specifically chapters 12, 16, as well as policies S25 and S28 of the City Plan: Strategic Policies (2016), policies DES 1, DES5, DES7, DES9 and DES10 of our Unitary Development Plan (2007) and the guidance contained within Westminster’s Repairs and Alterations to Listed Buildings SPG.
The key legislative requirements in respect to designated heritage assets are as follows:
Section 16 of the Planning (Listed Buildings and Conservation Areas) Act 1990 requires that “In considering whether to grant listed building consent for any works the local planning authority or the Secretary of State shall have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses.”
Section 66 of the same Act requires that “In considering whether to grant planning permission for development which affects a listed building or its setting, the local planning authority or, as the case may be, the Secretary of State shall have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses.”
Section 72 of the same Act requires that “In the exercise, with respect to any buildings or other land in a conservation area…special attention shall be paid to the desirability of preserving or enhancing the character or appearance of that area.”
Whilst there is no statutory duty to take account of effect on the setting of a conservation area, Policy DES 9 (F) in the UDP requires that where development will have a visibly adverse effect upon a conservation area’s recognised special character or appearance, including intrusiveness with respect to any recognised and recorded familiar local views into, out of, within or across the area, it will not be permitted.
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Furthermore Chapters 12 and 16 of the NPPF require great weight be placed on design quality and the preservation of designated heritage assets including their setting. Chapter 16 of the NPPF clarifies that harmful proposals should only be approved where the harm caused would be clearly outweighed by the public benefits of the scheme, taking into account the statutory duty to have special regard or pay special attention, as relevant. This should also take into account the relative significance of the affected asset and the severity of the harm caused.
Assessment
The proposed extension lies to the west of the existing building and has been designed to be architecturally distinctive whilst acknowledging the architectural significance and townscape importance of the host listed building. The additional space being created will enhance the functionality of the building and provide much needed public and administrative spaces without significantly altering the interior of the principle listed building.
The extension will be principally clad in contrasting beds of Jura Limestone, and feature a zinc covered barrelled roof with an elongated central roof light at its apex. The front of the limestone building is quite and void of openings, whilst on the prevailing elevation to the west, will be articulated by a succession of vertical window openings.
The extension is connected to the listed building with a recessed glazed link, incorporating stained glass designed by Artist Brian Clarke. In response to officer advise, the link has been further set back to provide more of a separation. In terms of height, scale and townscape impact, the extension aligns with the eves cornice of the listed building and in combination with the recessive link, allows the original form of the listed building to be appreciated. It is considered that the scale of the extension is proportionate to its context and whilst a significant addition, would not compete with the principal listed building.
Jura stone is a durable and of an appropriate aesthetic quality to provide a suitable contrast without competing with the quality and aesthetic of the red bricked listed building. The quality of the proposed materials, both externally and internally are essential in delivering a high-quality scheme. Any effort to use substandard materials would compromise the design intent and quality of the scheme, to the detriment of the listed building and townscape.
This is an architecturally distinguished building which requires a commitment to quality materials and finishes. A condition has therefore been imposed to secure these.
Alterations to the facade and interior of the listed building are minimal but do include the removal of an enclosed secondary staircase between the ground and first floor. This loss is unfortunate; however, it makes a modest contribution to the significance of the building and will improve functionality and accessibility.
Also sought are alterations to window openings and the loss of window joinery along the western side of building. These works are necessary to provide access into the extension. Whilst historic fabric will be lost, the width of the window openings is
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The loss of the staircase and window joinery and the modifications to the openings, are considered justified by the wider public benefits of the scheme.
Objections have been received by the Thorney Island Society and The Victorian Society with regards to the form and design of the extension and its resulting impact on the listed building and townscape.
The Societies feel that the building’s free-standing composition is compromised by the extension and would conceal a large extent of the west facing flank and would obscure the building’s form and details. They object to the vaulted roof form and feel that a flat roof would be more appropriate. Also, they oppose the lack of fenestration on the northern facade which they consider to be unwelcoming. They feel the extension should be set back further and extended westward.
In response, it is acknowledged that the extension conceals a large extent of the western elevation, though it is retained. Historically the western side of the site was largely concealed by neighbouring development, evidence that it is a secondary façade that was never intended to be as visually prominent.
The glazed link has been set back further to increase the visual separation between the old and new buildings which in turn allows more of the western facade to be viewed.
In terms of its height, the apex of the vaulted roof sits in line with the cornice of the listed building and is not considered to compete with or visually overwhelm the listed building. The suggestion of having a flat roof would greatly diminish the architectural quality of the extension and its interior, which is of a fitting scale for the building’s Civic standing.
The norther facade has been intentionally designed to be visually quiet and unadorned with the attention diverted to stained glazed panels of the link, designed by distinguished Artist Brian Clarke.
Setting the building back further as suggested would compromise the usability of the internal space, whilst extending further to the west has been avoided in order to provide an external space for users of the building for quiet reflection and tranquillity.
The Societies also object to the materials used on the extension, however they are considered acceptable as detailed in this assessment.
Conclusion
The extension provides a well-considered, distinguished piece of architecture that is fitting for a prominent Civic building of this status. The impact upon the host listed building is less than substantial but justified by the wider benefits of the scheme. Subject to securing the intended materials, the scheme is supported on design grounds.
As such, whilst being mindful of policies DES1, DES5, DES7, DES9, DES10 of the UDP/City Plan, given the substantial public benefits that would be delivered, which
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comprise improvements to the building’s functionality, improved public spaces and accessibility, the proposal is considered acceptable in terms of its impact on the designated heritage asset(s). Therefore, the recommendation to grant conditional permission and consent is compliant with the requirements of the NPPF and the statutory duties of the Planning (Listed Buildings and Conservation Areas) Act 1990.
8.3 Residential Amenity
Policy ENV13 of the UDP states that the Council will resist proposals that would result in a material loss of daylight/sunlight, particularly to residential dwellings, and that development should not result in a significant increase in sense of enclosure, overlooking or cause unacceptable overshadowing. Similarly, Policy S29 of the City Plan aims to protect the amenity of residents from the effects of the development.
The nearest residential properties are located on the other side of Horseferry Road and to the rear of the site facing Regent Street. In this location the proposed side extension is not considered to adversely affect any nearby residential properties.
8.4 Transportation/Parking
It is not considered that the increase in floorspace will have a significantly detrimental impact on the safety and operation of the highway network in terms of servicing, trip generation and parking.
In terms of cycle parking, draft London Plan Policy T5 requires 1 space per 8 staff (minimum 2 spaces). Cycle parking must be secured, weathered-proof, accessible and within the development site. The proposal uplift in floorspace would require a minimum of 2 cycle parking spaces. Whilst no cycle parking is indicated on the drawings contrary to policy requirements, given the listed nature of the building (Grade II) and the need for additional space, it is not considered reasonable to secure cycle provision in this instance.
The new landscaping works to create the new garden of reflection involve incorporating an existing external planter which is on the highway to the west of the site. Given the planter is not usable by pedestrians, in this instance the loss of this area of highway is acceptable. Nevertheless, Pursuant to s247 of the Town and Country Planning Act 1990 the applicant would require a stopping up order for parts of the public highway to enable this development to take place. The stopping up of highway will be required prior to commencement of development.
8.5 Economic Considerations
No economic considerations are applicable for a development of this size.
8.6 Access
The access to the extension would be through the main building.
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8.7 Other UDP/Westminster Policy Considerations
Plant
Mechanical plant would be housed at basement level within the new extension. An acoustic report has been submitted in support of the application which was reviewed by Environmental Sciences. The proposed new plant installation is likely to comply with the Council's requirements subject to a condition requiring details of the plant prior to its installation including a full acoustic report confirming plant selection with acoustic specifications and details of noise/vibration attenuation measures.
Trees
New landscaping is proposed around the site with two courtyard gardens for remembrance and reflection: one is for general use (and is already in use, The Garden of Remembrance, constructed in 2018); and the other will be accessed from the new waiting room. A condition is recommended requiring detailed drawings of a hard and soft landscaping scheme which includes the number, size, species and position of trees and shrubs.
Basement
The proposed extension includes a new excavated single storey basement level which would provide a plant room.
Policy CM28.1 requires the submission of a structural methodology statement in relation to the proposed excavation works, together with a signed proforma Appendix A which demonstrates that the applicant will comply with the relevant parts of the council's Code of Construction Practice (CoCP).
The applicant has submitted a method statement relating to the proposed excavation works. The statement has been assessed by Building Control officers who have confirmed that it is generally acceptable. An investigation of existing structures and geology has been undertaken and found to be of sufficient detail. The existence of groundwater has been researched and the likelihood of local flooding or adverse effects on the water table has been found to be negligible. The proposals to safeguard adjacent properties during construction are also acceptable. The purpose of such a report at the planning application stage is to demonstrate that a subterranean development can be constructed on the particular site having regard to the site, existing structural conditions and geology. It does not prescribe the engineering techniques that must be used during construction which may need to be altered once the excavation has occurred. The structural integrity of the development during the construction is not controlled through the planning system but through Building Regulations and the Party Wall Act. Therefore, we are not approving this report or conditioning that the works shall necessarily be carried out in accordance with the report. Its purpose is to show, with professional duty of care, that there is no reasonable impediment foreseeable at this stage to the scheme satisfying the Building Regulations in due course. This report will be attached for information purposes to the decision letter.
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Code of Construction Practice (CoCP)
A condition is recommended to ensure that the development complies with the CoCP, which will require the developer to provide a Construction Management Plan (CMP) and funding for the Environmental Inspectorate to monitor the construction phase of the development. The CoCP sets out the minimum standards and procedures for managing and minimising the environmental impacts of construction projects within Westminster. The key issues to address as part of the CoCP and production of a CMP are liaison with the public, general requirements relating to the site environment, traffic and highways matters, noise and vibration, dust and air quality, waste management and flood control. Subject to conditions limiting the hours of work in relation to the proposed excavation works and requiring the applicant to adhere to the council's Code of Construction Practice, the proposed basement extension complies with the requirements of Policy CM28.1.
Archaeology
The site is located within a Tier III Archaeological Priority Area (Pimlico) With Tier II Victoria Street immediately situated north of the boundary site on Horseferry Road. Historic England (GLAAS - Archaeology) comment that there is potential for medieval and post-medieval features and the Pimlico Archaeological Area has also potential for geoarchaeological deposit modelling of paleoenvironmental data. As the works proposed include basement excavation, a condition is recommended requiring a programme of archaeological work to investigate further and mitigate impact.
8.8 Westminster City Plan
The City Council is currently working on a complete review of its City Plan. Formal consultation on Westminster’s City Plan 2019-2040 was carried out under Regulation 19 of the Town and Country Planning Act (Local Planning) (England) Regulations 2012 between Wednesday 19 June 2019 and Wednesday 31 July 2019 and on the 19 November 2019 the plan was submitted to the Secretary of State for independent examination. In the case of a draft local plan that has been submitted to the Secretary of State for Examination in Public, under Regulation 22(3) of the Town and Country Planning Act (Local Planning) (England) Regulations 2012, having regard to the tests set out in para. 48 of the NPPF, it will generally attract very limited weight at this present time.
8.9 Neighbourhood Plans
Not applicable.
8.10 London Plan
This application raises no strategic issues.
8.11 National Policy/Guidance Considerations
The City Plan and UDP policies referred to in the consideration of this application are considered to be consistent with the NPPF unless stated otherwise.
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Further to the Town and Country Planning (Pre-commencement Conditions) Regulations 2018, the City Council cannot impose a pre-commencement condition (a condition which must be discharged before works can start on site) on a planning permission without the written agreement of the applicant, unless the applicant fails to provide a substantive response within a 10 day period following notification of the proposed condition, the reason for the condition and justification for the condition by the City Council.
During the course of this application a notice was served relating to the proposed imposition of pre-commencement conditions to secure the applicant’s adherence to the Council’s Code of Construction Practice and to secure a programme of archaeological work. The applicants have accepted the conditions.
8.12 Planning Obligations
Planning obligations are not relevant in the determination of this application.
The estimated CIL payment is £14,154.38.
8.13 Environmental Impact Assessment
The proposal is of insufficient scale to require an environmental assessment.
8.14 Other Issues
N/A
(Please note: All the application drawings and other relevant documents and Background Papers are available to view on the Council’s website)
IF YOU HAVE ANY QUERIES ABOUT THIS REPORT PLEASE CONTACT THE PRESENTING OFFICER: DAVID DORWARD BY EMAIL AT [email protected]
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9. KEY DRAWINGS
Proposed visuals
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Existing basement Plan
Proposed Basement Plan
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Existing Ground Floor Plan
Proposed Ground Floor Plan
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Existing First Floor Plan
Proposed First Floor Plan
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Existing Roof Plan
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Proposed Roof plan
Existing North Elevation
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Proposed North elevation
Proposed North elevation (from Horseferry Road)
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Existing West Elevation
Proposed West elevation
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PLANNING PERMISSION DRAFT DECISION LETTER
Address: 65 Horseferry Road, London, SW1P 2ED,
Proposal: Erection of side extension comprising of basement, ground, and double height first floor level to provide additional accommodation for Westminster Coroner's Court. Internal alterations to main building at ground and first floor levels and landscaping.
Reference: 20/01252/COFUL
Plan Nos: LA-089-CCT-TP-100 Rev.01; LA-089-CCT-TP-110 Rev.01; LA-089-CCT-TP-120 Rev.01; LA-089-CCT-TP-200 Rev.04; LA-089-CCT-TP-0201 Rev.02; LA-089-CCT- TP-0202 Rev.02; LA-089-CCT-TP-0203 Rev.02; LA-089-CCT-TP-210 Rev.01; LA- 089-CCT-TP-220; LA-089-CCT-TP-221; LA-089-CCT-TP-222; LA-089-CCT-SK- 223; LA-089-CCT-TP-230; A-089-CCT-TP-401 Rev.02; A-089-CCT-TP-402 Rev.02; A-089-CCT-TP-403 Rev.03; A-089-CCT-TP-404 Rev.02; A-089-CCT-TP-405; A- 089-CCT-TP-420; A-089-CCT-TP-421; A-089-CCT-TP-422; A-089-CCT-TP-501 Rev.01; A-089-CCT-TP-502 Rev.01; A-089-CCT-TP-505 Rev.02; A-089-CCT-SK- 506 Rev.02; A-089-CCT-TP-507 Rev.02; A-089-CCT-TP-508 Rev.02; A-089-CCT- SK-520; A-089-CCT-TP-521; A-089-CCT-TP-522; A-089-CCT-TP-523; A-089-CCT- TP-524; A-089-CCT-TP-120 Rev.01; A-089-CCT-TP-620 Rev.01; A-089-CCT-TP- 621; A-089-CCT-TP-622 Rev.01; A-089-CCT-TP-630 Rev.01; Checklist appendix A; Noise impact assessment issue P04 dated 11 March 2020 prepared by Max Fordham; Appendix M - Planting schematic and schedule revised; 7 photographs of staircase.
For information only: Design and access statement dated February 2020; LA-089- CCT-SK-0271; LA-089-CCT-TP-600 Rev. 01; LA-089-CCT-TP-601 Rev. 01; LA- 089-CCT-TP-0260 Rev.01.
Case Officer: Aurore Manceau Direct Tel. No. 07866038763
Recommended Condition(s) and Reason(s)
1 The development hereby permitted shall be carried out in accordance with the drawings and other documents listed on this decision letter, and any drawings approved subsequently by the City Council as local planning authority pursuant to any conditions on this decision letter.
Reason: For the avoidance of doubt and in the interests of proper planning.
2 Except for piling, excavation and demolition work, you must carry out any building work which can be heard at the boundary of the site only:
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between 08.00 and 18.00 Monday to Friday; between 08.00 and 13.00 on Saturday; and not at all on Sundays, bank holidays and public holidays.
You must carry out piling, excavation and demolition work only: o between 08.00 and 18.00 Monday to Friday; and o not at all on Saturdays, Sundays, bank holidays and public holidays.
Noisy work must not take place outside these hours unless otherwise agreed through a Control of Pollution Act 1974 section 61 prior consent in special circumstances (for example, to meet police traffic restrictions, in an emergency or in the interests of public safety). (C11AB)
Reason: To protect the environment of residents and the area generally as set out in S29 of Westminster's City Plan (November 2016) and STRA 25, TRANS 23, ENV 5 and ENV 6 of our Unitary Development Plan that we adopted in January 2007. (R11AC),
3 Pre Commencement Condition. Prior to the commencement of any: (a) Demolition, and/or (b) Earthworks/piling and/or (c) Construction On site you must apply to us for our written approval of evidence to demonstrate that any implementation of the scheme hereby approved, by the applicant or any other party, will be bound by the council's Code of Construction Practice. Such evidence must take the form of the relevant completed Appendix A checklist from the Code of Construction Practice, signed by the applicant and approved by the Council's Environmental Sciences Team, which constitutes an agreement to comply with the Code of Construction Practice and requirements contained therein. Commencement of the relevant stage of demolition, earthworks/piling or construction cannot take place until the City Council as local planning authority has issued its written approval through submission of details prior to each stage of commencement. (C11CD)
Reason: To protect the environment of residents and the area generally as set out in S29 of Westminster's City Plan (November 2016) and STRA 25, TRANS 23, ENV 5 and ENV 6 of our Unitary Development Plan that we adopted in January 2007. (R11AC)
4 All new work to the outside of the building must match existing original work in terms of the choice of materials, method of construction and finished appearance. This applies unless differences are shown on the drawings we have approved or are required by conditions to this permission. (C26AA)
Reason: To make sure that the appearance of the building is suitable and that it contributes to the character and appearance of the area. This is as set out in S28 of Westminster's City Plan (November 2016) and DES 1 and DES 5 or DES 6 or both of our Unitary Development Plan that we adopted in January 2007. (R26AD)
5 You must apply to us for approval of samples of the Jura Stone you will use. 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 work using the approved materials. (C26BD)
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Reason: To make sure that the appearance of the building is suitable and that it contributes to the character and appearance of the area. This is as set out in S28 of Westminster's City Plan (November 2016) and DES 1 and DES 5 or DES 6 or both of our Unitary Development Plan that we adopted in January 2007. (R26AD)
6 You must apply to us for approval of samples of the red brick you will use. 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 work using the approved materials. (C26BD)
Reason: To make sure that the appearance of the building is suitable and that it contributes to the character and appearance of the area. This is as set out in S28 of Westminster's City Plan (November 2016) and DES 1 and DES 5 or DES 6 or both of our Unitary Development Plan that we adopted in January 2007. (R26AD)
7 You must apply to us for approval of detailed drawings of the following parts of the development:
i) Detailed construction drawings of the glass link including its connection to the listed building. ii) Detailed bay study of the western façade showing windows and reveals, in elevation and section. iii) Detailed section drawing showing the construction details and glazing at the apex of the vaulted roof.
You must not start 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. (D26DB)
Reason: To make sure that the appearance of the building is suitable and that it contributes to the character and appearance of the area. This is as set out in S28 of Westminster's City Plan (November 2016) and DES 1 and DES 5 or DES 6 or both of our Unitary Development Plan that we adopted in January 2007. (R26AD)
8 Notwithstanding approved drawings and supporting documents, alterations to the principle staircase are hereby not approved.
Reason: To protect the special architectural or historic interest of this listed building. This is as set out in S25 and S28 of Westminster's City Plan (November 2016) and DES 1 of our Unitary Development Plan that we adopted in January 2007, and paragraph 2.4 of our Supplementary Planning Guidance: Repairs and Alterations to Listed Buildings. (R27BD)
9 (1) Where noise emitted from the proposed plant and machinery will not contain tones or will not be intermittent, the 'A' weighted sound pressure level from the plant and machinery (including non- emergency auxiliary plant and generators) hereby permitted, when operating at its noisiest, shall not at any time exceed a value of 10 dB below the minimum external background noise, at a point 1 metre outside any window of any residential and other noise sensitive property, unless and until a fixed
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maximum noise level is approved by the City Council. The background level should be expressed in terms of the lowest LA90, 15 mins during the proposed hours of operation. The plant-specific noise level should be expressed as LAeqTm, and shall be representative of the plant operating at its maximum.
(2) Where noise emitted from the proposed plant and machinery will contain tones or will be intermittent, the 'A' weighted sound pressure level from the plant and machinery (including non-emergency auxiliary plant and generators) hereby permitted, when operating at its noisiest, shall not at any time exceed a value of 15 dB below the minimum external background noise, at a point 1 metre outside any window of any residential and other noise sensitive property, unless and until a fixed maximum noise level is approved by the City Council. The background level should be expressed in terms of the lowest LA90, 15 mins during the proposed hours of operation. The plant-specific noise level should be expressed as LAeqTm, and shall be representative of the plant operating at its maximum.
(3) Following installation of the plant and equipment, you may apply in writing to the City Council for a fixed maximum noise level to be approved. This is to be done by submitting a further noise report confirming previous details and subsequent measurement data of the installed plant, including a proposed fixed noise level for approval by the City Council. Your submission of a noise report must include: (a) A schedule of all plant and equipment that formed part of this application; (b) Locations of the plant and machinery and associated: ducting; attenuation and damping equipment; (c) Manufacturer specifications of sound emissions in octave or third octave detail; (d) The location of most affected noise sensitive receptor location and the most affected window of it; (e) Distances between plant & equipment and receptor location/s and any mitigating features that may attenuate the sound level received at the most affected receptor location; (f) Measurements of existing LA90, 15 mins levels recorded one metre outside and in front of the window referred to in (d) above (or a suitable representative position), at times when background noise is at its lowest during hours when the plant and equipment will operate. This acoustic survey to be conducted in conformity to BS 7445 in respect of measurement methodology and procedures; (g) The lowest existing L A90, 15 mins measurement recorded under (f) above; (h) Measurement evidence and any calculations demonstrating that plant and equipment complies with the planning condition; (i) The proposed maximum noise level to be emitted by the plant and equipment.
Reason: Because existing external ambient noise levels exceed WHO Guideline Levels, and as set out in ENV 6 (1), (6) and (8) and ENV 7 (A)(1) of our Unitary Development Plan that we adopted in January 2007, so that the noise environment of people in noise sensitive properties is protected, including the intrusiveness of tonal and impulsive sounds; and as set out in S32 of Westminster's City Plan (November 2016), by contributing to reducing excessive ambient noise levels. Part (3) is included so that applicants may ask subsequently for a fixed maximum noise level to be approved in case ambient noise levels reduce at any time after implementation of the planning permission. (R46AB)
10 No vibration shall be transmitted to adjoining or other premises and structures through the building structure and fabric of this development as to cause a vibration dose value of greater than 0.4m/s (1.75) 16 hour day-time nor 0.26 m/s (1.75) 8 hour night-time as defined by BS 6472 (2008) in any part of a residential and other noise sensitive property.
Reason: As set out in ENV6 (2) and (6) of our Unitary Development Plan that we adopted in January 2007, to ensure that the development is designed to prevent structural transmission of noise or vibration. (R48AA)
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11 You must apply to us for approval of details of a supplementary acoustic report demonstrating that the plant will comply with the Council's noise criteria as set out in Condition(s) 9 and 10 of this permission. You must not start work on this part of the development until we have approved what you have sent us.
Reason: Because existing external ambient noise levels exceed WHO Guideline Levels, and as set out in ENV 6 (1), (6) and (8) and ENV 7 (A)(1) of our Unitary Development Plan that we adopted in January 2007, so that the noise environment of people in noise sensitive properties is protected, including the intrusiveness of tonal and impulsive sounds; and as set out in S32 of Westminster's City Plan (November 2016), by contributing to reducing excessive ambient noise levels. (R51AB)
12 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 what you have sent us. You must then carry out the landscaping and planting within one 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 one season 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 (November 2016) and ENV 16, ENV 17 and DES 1 (A) of our Unitary Development Plan that we adopted in January 2007. (R30BC)
13 If you use the courtyard to the east of the site for access or for storage of material or for any other activity related to the development, you must apply to us for approval of the ways in which you will protect the tree(s) on the site. You must not take any equipment, machinery or materials for the development onto this part of 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 (November 2016) and DES 1 (A), ENV 16 and ENV 17 of our Unitary Development Plan that we adopted in January 2007. (R31AC)
14 Pre Commencement Condition (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.
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(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)
Reason: To protect the archaeological heritage of the City of Westminster as set out in S25 of Westminster's City Plan (November 2016) and DES 11 of our Unitary Development Plan that we adopted in January 2007. (R32BC)
Informative(s):
1 In dealing with this application the City Council has implemented the requirement in the National Planning Policy Framework to work with the applicant in a positive and proactive way. We have made available detailed advice in the form of our statutory policies in Westminster's City Plan (November 2016), Unitary Development Plan, neighbourhood plan (where relevant), supplementary planning documents, planning briefs and other informal written guidance, as well as offering a full pre application advice service, in order to ensure that applicant has been given every opportunity to submit an application which is likely to be considered favourably. In addition, where appropriate, further guidance was offered to the applicant at the validation stage.
2 HIGHWAYS LICENSING: Under the Highways Act 1980 you must get a licence from us before you put skips or scaffolding on the road or pavement. It is an offence to break the conditions of that licence. You may also have to send us a programme of work so that we can tell your neighbours the likely timing of building activities. For more advice, please visit our website at www.westminster.gov.uk/guide-temporary-structures.
CONSIDERATE CONSTRUCTORS: You are encouraged to join the nationally recognised Considerate Constructors Scheme. This commits those sites registered with the Scheme to be considerate and good neighbours, as well as clean, respectful, safe, environmentally conscious, responsible and accountable. For more information please contact the Considerate Constructors Scheme directly on 0800 783 1423, [email protected] or visit www.ccscheme.org.uk.
BUILDING REGULATIONS: You are advised that the works are likely to require building regulations approval. Details in relation to Westminster Building Control services can be found on our website at www.westminster.gov.uk/contact-us-building-control
3 With reference to condition please refer to the Council's Code of Construction Practice at (www.westminster.gov.uk/code-construction-practice). You will be required to enter into an agreement with the Council appropriate to this scale of development and to pay the relevant
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fees prior to starting work.
Your completed and signed Checklist A (for Level 1 and Level 2 developments) or B (for basements) and all relevant accompanying documents outlined in Checklist A or B, e.g. the full Site Environmental Management Plan (Levels 1 and 2) or Construction Management Plan (basements), must be submitted to the City Council's Environmental Sciences team ([email protected]) at least 40 days prior to commencement of works (which may include some pre-commencement works and demolition. The checklist must be countersigned by them before you apply to the local planning authority to discharge the above condition.
You are urged to give this your early attention as the relevant stages of demolition, earthworks/piling or construction cannot take place until the City Council as local planning authority has issued its written approval of each of the relevant parts, prior to each stage of commencement.
Where you change your plans after we have discharged the condition, you must re-apply and submit new details for consideration before you start work. Please note that where separate contractors are appointed for different phases of the project, you may apply to partially discharge the condition by clearly stating in your submission which phase of the works (i.e. (a) demolition, (b) excavation or (c) construction or a combination of these) the details relate to. However please note that the entire fee payable to the Environmental Sciences team must be paid on submission of the details relating to the relevant phase.
Appendix A must be signed and countersigned by Environmental Sciences prior to the submission of the approval of details of the above condition.
4 You are encouraged to join the nationally recognised Considerate Constructors Scheme. This commits those sites registered with the Scheme to be considerate and good neighbours, as well as clean, respectful, safe, environmentally conscious, responsible and accountable. For more information please contact the Considerate Constructors Scheme directly on 0800 783 1423, [email protected] or visit www.ccscheme.org.uk.
5 Thames Water will aim to provide customers with a minimum pressure of 10m head (approx 1 bar) and a flow rate of 9 litres/minute at the point where it leaves Thames Waters pipes. The developer should take account of this minimum pressure in the design of the proposed development.
The proposed development is located within 15m of Thames Waters underground assets, as such the development could cause the assets to fail if appropriate measures are not taken. Please read our guide 'working near our assets' to ensure your workings are in line with the necessary processes you need to follow if you're considering working above or near our pipes or other structures : https//developers.thameswater.co.uk/Developing-a -large-site/Planning-your- development/Working-near-ordiverting-our-pipes.
Should you require further information please contact Thames Water. Email:
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6 Prior to the commencement of development, the highway will need to be stopped up under s247 of Planning Act. If works commence prior to the finalisation of the stopping up process, an obstruction of the highway is still occurring. The applicant must contact the Council by writing to Jeff Perkins ([email protected]) to progress the stopping up order.
The applicant will be required to cover all costs of the Council in progressing the stopping up order.
7 The development for which planning permission has been granted has been identified as potentially liable for payment of both the Mayor of London and Westminster City Council's Community Infrastructure Levy (CIL). Further details on both Community Infrastructure Levies, including reliefs that may be available, can be found on the council's website at: {\i www.westminster.gov.uk/cil}
Responsibility to pay the levy runs with the ownership of the land, unless another party has assumed liability. If you have not already you must submit an {\b\ul Assumption of Liability Form immediately}. On receipt of this notice a CIL Liability Notice setting out the estimated CIL charges will be issued by the council as soon as practicable, to the landowner or the party that has assumed liability, with a copy to the planning applicant. You must also notify the Council before commencing development using a {\b\ul Commencement Form}
CIL forms are available from the planning on the planning portal: www.planningportal.gov.uk/planning/applications/howtoapply/whattosubmit/cil
Forms can be submitted to [email protected]
Payment of the CIL charge is mandatory and there are strong enforcement powers and penalties for failure to pay, including Stop Notices, surcharges, late payment interest and prison terms.
8 When carrying out building work you must take appropriate steps to reduce noise and prevent nuisance from dust. The planning permission for the development may include specific conditions relating to noise control, hours of work and consideration to minimising noise and vibration from construction should be given at planning application stage. You may wish to contact to our Environmental Sciences Team (email: [email protected]) to make sure that you meet all the requirements before you draw up contracts for demolition and building work.
When a contractor is appointed they may also wish to make contact with the Environmental Sciences Team before starting work. The contractor can formally apply for consent for prior approval under Section 61, Control of Pollution Act 1974. Prior permission must be sought for all noisy demolition and construction activities outside of core hours on all sites. If no prior permission is sought where it is required the authority may serve a notice on the site/works setting conditions of permitted work (Section 60, Control of Pollution Act 1974).
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British Standard 5228:2014 'Code of practice for noise and vibration control on construction and open sites' has been recognised by Statutory Order as the accepted guidance for noise control during construction work.
An action in statutory nuisance can be brought by a member of the public even if the works are being carried out in accordance with a prior approval or a notice.
9 Under the Construction (Design and Management) Regulations 2015, clients, the CDM Coordinator, designers and contractors must plan, co-ordinate and manage health and safety throughout all stages of a building project. By law, designers must consider the following:
* Hazards to safety must be avoided if it is reasonably practicable to do so or the risks of the hazard arising be reduced to a safe level if avoidance is not possible;
* This not only relates to the building project itself but also to all aspects of the use of the completed building: any fixed workplaces (for example offices, shops, factories, schools etc) which are to be constructed must comply, in respect of their design and the materials used, with any requirements of the Workplace (Health, Safety and Welfare) Regulations 1992. At the design stage particular attention must be given to incorporate safe schemes for the methods of cleaning windows and for preventing falls during maintenance such as for any high level plant.
Preparing a health and safety file is an important part of the regulations. This is a record of information for the client or person using the building, and tells them about the risks that have to be managed during future maintenance, repairs or renovation. For more information, visit the Health and Safety Executive website at www.hse.gov.uk/risk/index.htm.
It is now possible for local authorities to prosecute any of the relevant parties with respect to non compliance with the CDM Regulations after the completion of a building project, particularly if such non compliance has resulted in a death or major injury.
10 Working at height remains one of the biggest causes of fatalities and major injuries. You should carefully consider the following. * Window cleaning - where possible, install windows that can be cleaned safely from within the building. * Internal atria - design these spaces so that glazing can be safely cleaned and maintained. * Lighting - ensure luminaires can be safely accessed for replacement. * Roof plant - provide safe access including walkways and roof edge protection where necessary (but these may need further planning permission). More guidance can be found on the Health and Safety Executive website at www.hse.gov.uk/toolbox/height.htm
Note: Window cleaning cradles and tracking should blend in as much as possible with the appearance of the building when not in use. If you decide to use equipment not shown in your drawings which will affect the appearance of the building, you will need to apply separately for planning permission. (I80CB)
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11 You are advised to permanently mark the plant/ machinery hereby approved with the details of this permission (including date decision and planning reference number). This will assist in future monitoring of the equipment by the City Council if and when complaints are received.
Please note: the full text for informatives can be found in the Council’s Conditions, Reasons & Policies handbook, copies of which can be found in the Committee Room whilst the meeting is in progress, and on the Council’s website.
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LISTED BUILDING CONSENT DRAFT DECISION LETTER
Address: 65 Horseferry Road, London, SW1P 2ED,
Proposal: Erection of side extension comprising of basement, ground, and double height first floor level and associated internal alterations to main building at ground and first floor levels.
Reference: 20/01253/COLBC
Plan Nos: LA-089-CCT-TP-100 Rev.01; LA-089-CCT-TP-110 Rev.01; LA-089-CCT-TP-120 Rev.01; LA-089-CCT-TP-200 Rev.04; LA-089-CCT-TP-0201 Rev.02; LA-089-CCT- TP-0202 Rev.02; LA-089-CCT-TP-0203 Rev.02; LA-089-CCT-TP-210 Rev.01; LA- 089-CCT-TP-220; LA-089-CCT-TP-221; LA-089-CCT-TP-222; LA-089-CCT-SK- 223; LA-089-CCT-TP-230; A-089-CCT-TP-401 Rev.02; A-089-CCT-TP-402 Rev.02; A-089-CCT-TP-403 Rev.03; A-089-CCT-TP-404 Rev.02; A-089-CCT-TP-405; A- 089-CCT-TP-420; A-089-CCT-TP-421; A-089-CCT-TP-422; A-089-CCT-TP-501 Rev.01; A-089-CCT-TP-502 Rev.01; A-089-CCT-TP-505 Rev.02; A-089-CCT-SK- 506 Rev.02; A-089-CCT-TP-507 Rev.02; A-089-CCT-TP-508 Rev.02; A-089-CCT- SK-520; A-089-CCT-TP-521; A-089-CCT-TP-522; A-089-CCT-TP-523; A-089-CCT- TP-524; A-089-CCT-TP-120 Rev.01; A-089-CCT-TP-620 Rev.01; A-089-CCT-TP- 621; A-089-CCT-TP-622 Rev.01; A-089-CCT-TP-630 Rev.01; Appendix M - Planting schematic and schedule revised; 7 photographs of staircase.
For information only: Design and access statement dated February 2020; LA-089- CCT-SK-0271; LA-089-CCT-TP-600 Rev. 01; LA-089-CCT-TP-601 Rev. 01; LA- 089-CCT-TP-0260 Rev.01.
Case Officer: Aurore Manceau Direct Tel. No. 07866038763
Recommended Condition(s) and Reason(s)
1 The development hereby permitted shall be carried out in accordance with the drawings and other documents listed on this decision letter, and any drawings approved subsequently by the City Council as local planning authority pursuant to any conditions on this decision letter.
Reason: For the avoidance of doubt and in the interests of proper planning.
2 All new work and improvements inside and outside the building must match existing original adjacent work in terms of the choice of materials, method of construction and finished appearance. This applies unless differences are shown on the approved drawings or are required in conditions to this permission.
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(C27AA)
Reason: To protect the special architectural or historic interest of this listed building. This is as set out in S25 and S28 of Westminster's City Plan (November 2016) and DES 1 of our Unitary Development Plan that we adopted in January 2007, and paragraph 2.4 of our Supplementary Planning Guidance: Repairs and Alterations to Listed Buildings. (R27BD)
3 You must apply to us for approval of samples of the Jura Stone you will use. 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 work using the approved materials. (C26BD)
Reason: To protect the special architectural or historic interest of this listed building. This is as set out in S25 and S28 of Westminster's City Plan (November 2016) and DES 1 of our Unitary Development Plan that we adopted in January 2007, and paragraph 2.4 of our Supplementary Planning Guidance: Repairs and Alterations to Listed Buildings. (R27BD)
4 You must apply to us for approval of samples of the red brick you will use. 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 work using the approved materials. (C26BD)
Reason: To protect the special architectural or historic interest of this listed building. This is as set out in S25 and S28 of Westminster's City Plan (November 2016) and DES 1 of our Unitary Development Plan that we adopted in January 2007, and paragraph 2.4 of our Supplementary Planning Guidance: Repairs and Alterations to Listed Buildings. (R27BD)
5 You must apply to us for approval of detailed drawings of the following parts of the development:
i) Detailed construction drawings of the glass link including its connection to the listed building. ii) Detailed bay study of the western façade showing windows and reveals, in elevation and section. iii) Detailed section drawing showing the construction details and glazing at the apex of the vaulted roof.
You must not start 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. (D26DB)
Reason: To protect the special architectural or historic interest of this listed building. This is as set out in S25 and S28 of Westminster's City Plan (November 2016) and DES 1 of our Unitary Development Plan that we adopted in January 2007, and paragraph 2.4 of our Supplementary Planning Guidance: Repairs and Alterations to Listed Buildings. (R27BD)
6 Notwithstanding approved drawings and supporting documents, alterations to the principle staircase are hereby not approved.
Reason:
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To protect the special architectural or historic interest of this listed building. This is as set out in S25 and S28 of Westminster's City Plan (November 2016) and DES 1 of our Unitary Development Plan that we adopted in January 2007, and paragraph 2.4 of our Supplementary Planning Guidance: Repairs and Alterations to Listed Buildings. (R27BD)
7 You must not disturb existing ornamental features including chimney pieces, plasterwork, architraves, panelling, doors and staircase balustrades. You must leave them in their present position unless changes are shown on the approved drawings or are required by conditions to this permission. You must protect those features properly during work on site. (C27KA)
Reason: To protect the special architectural or historic interest of this listed building. This is as set out in S25 and S28 of Westminster's City Plan (November 2016) and DES 1 of our Unitary Development Plan that we adopted in January 2007, and paragraph 2.4 of our Supplementary Planning Guidance: Repairs and Alterations to Listed Buildings. (R27BD)
Informative(s):
1 SUMMARY OF REASONS FOR GRANTING CONDITIONAL LISTED BUILDING CONSENT - In reaching the decision to grant listed building consent with conditions, the City Council has had regard to the relevant policies in the National Planning Policy Framework, the London Plan 2016, Westminster's City Plan (November 2016), and the City of Westminster Unitary Development Plan adopted January 2007, as well as relevant supplementary planning guidance, representations received and all other material considerations.
The City Council decided that the proposed works would not harm the special architectural and historic interest of this listed building.
In reaching this decision the following were of particular relevance: S25 and S28 of Westminster's City Plan and DES 10 including paras 10.130 to 10.146 of the Unitary Development Plan, and paragraph 2.4 of our Supplementary Planning Guidance: Repairs and Alterations to Listed Buildings.
2 You will need to contact us again if you want to carry out work on the listed building which is not referred to in your plans. This includes:
* any extra work which is necessary after further assessments of the building's condition; * stripping out or structural investigations; and * any work needed to meet the building regulations or other forms of statutory control.
Please quote any 'TP' and 'RN' reference numbers shown on this consent when you send us
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further documents.
It is a criminal offence to carry out work on a listed building without our consent. Please remind your client, consultants, contractors and subcontractors of the terms and conditions of this consent. (I59AA)
Please note: the full text for informatives can be found in the Council’s Conditions, Reasons & Policies handbook, copies of which can be found in the Committee Room whilst the meeting is in progress, and on the Council’s website.
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Page 184 Agenda Item 4 Item No. 4
CITY OF WESTMINSTER
PLANNING (MAJOR Date Classification APPLICATIONS) SUB- For General Release COMMITTEE 26 May 2020 Report of Ward(s) involved Director of Place Shaping and Town Planning West End Subject of Report 46 Berkeley Square and 46 Hay’s Mews, London, W1J 5AT, Proposal Installation of plant enclosure, mechanical plant and plant screen at roof level, internal alterations at third floor level; and external alterations to 46 Hay's Mews, including retention of roof terrace within the mansard roof (part retrospective). Agent Jon Dingle On behalf of Caprice Holdings Ltd Registered Number 19/06034/FULL, Date amended/ 31 July 2019 19/06035/LBC completed Date Application 31 July 2019 Received Historic Building Grade Grade I Conservation Area Mayfair
1. RECOMMENDATION
Refuse permission and listed building consent - design and listed building grounds.
2. SUMMARY
These buildings, which are linked and operate as one, are occupied by Annabel’s private members’ club. There is a long planning history to them, including protracted discussions at pre-application and application stages about the installation of mechanical plant on the roof of 46 Berkeley Square, which is an important Grade I listed building. Despite approval having been previously granted for some plant to be installed on the roof of the main building and some within the rebuilt mansard roof of the mews building, the applicant installed much of the plant on the former and converted the latter into a smoking terrace. The current applications seek to partially remedy the situation by moving some of the mechanical units from the rear of the main roof to the front of it, and seek to retain the smoking terrace.
The key issue is the impact of the plant on the special architectural and historic interest of this Grade I listed building and the character and appearance of the Mayfair Conservation Area, and the setting of adjacent listed buildings.
The applicant has submitted arguments claiming that it is not possible to move all of the plant from
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the main roof to the mews. However, officers are not seeking this, only that the applicant complies with the terms of the previous approval and uses the roof of the mews building to house some of the equipment. For the reasons set out in the main report, the current proposals are not considered to be acceptable and are therefore recommended for refusal.
3. LOCATION PLAN
..
This production includes mapping data licensed from Ordnance Survey with the permission if the controller of Her Majesty’s Stationary Office (C) Crown Copyright and /or database rights 2013. All rights reserved License Number LA 100019597
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4. PHOTOGRAPHS
46 Berkeley Square, W1
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46 Hay’s Mews, W1 (rear of 46 Berkeley Square)
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5. CONSULTATIONS
COUNCILLOR TIMOTHY BARNES Request that the application be determined by the Planning Application Sub-Committee.
HISTORIC ENGLAND Issued authorisation for the Council to determine the listed building application.
RESIDENTS SOCIETY OF MAYFAIR & ST. JAMES'S No response to date
MAYFAIR RESIDENTS GROUP No response to date
ENVIRONMENTAL SCIENCES Have no objections to the application on environmental or nuisance grounds subject to conditions.
ADJOINING OWNERS/OCCUPIERS AND OTHER REPRESENTATIONS RECEIVED
No. Consulted: 144; Total No. of replies: 9 [two of which have been submitted in duplicate by online submission and letter/email]
No. of objections: one representation on behalf of two residents (one of whom subsequently withdrew his objection) concerned about noise nuisance from a kitchen extract fan on the roof of 46 Hay’s Mews, and referring to other problems about rubbish, deliveries and staff numbers in Hay’s Mews.
One submission registered as neither objecting to nor supporting the planning application actually states that “The existing plant at roof level creates intolerable noise through the night for local residents sleeping. It must be quietened as a condition of this Application”, and refers to problems with waste storage due to plant rooms at ground floor level causing a build-up of waste within the mews, and that storage of waste must be required as a condition of this application.
No. in support: 6, confirming they have not been disturbed by the plant
PRESS ADVERTISEMENT / SITE NOTICE: Yes
6. BACKGROUND INFORMATION
6.1 The Application Site
The site is located on the west side of Berkeley Square and is bound by Hay's Mews at the rear. 46 Berkeley Square comprises a 4 storey building plus a basement. It is a Grade I listed building that dates from the mid-eighteenth century. It is linked at basement level to 46 Hay’s Mews, and there is a shared courtyard between the buildings. 46 Hay's Mews comprises a 4 storey building plus a basement. The site is within the Mayfair Conservation Area and the Core Central Activities Zone but it is not in a Stress Area.
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Since the spring of 2018 the site has been occupied by Annabel’s, a private members club (sui generis): this includes the well-known Annabel's nightclub that previously occupied the basement of 44 Berkeley Square, with much of the building used as a ‘day club’, comprising numerous drinking and dining facilities. The mews is largely occupied as back of house accommodation and some mechanical plant. There is a large retractable glass roof that can enclose the al fresco dining area on the open terrace between the two buildings.
The area is characterised by a variety of uses, including residential, commercial and entertainment-type activities. Although Berkeley Square itself is predominantly (though not exclusively) commercial in nature, Hay’s Mews has a greater concentration of residential accommodation. The buildings on either side of the application site are in commercial use. The nearest residential accommodation is located within 48 Berkeley Square and 48 Hay’s Mews
6.2 Recent Relevant History
4th October 2016 – planning permission and listed building consent granted [following the completion of a legal agreement] for the use of 46 Berkeley Square as a private members’ club (sui generis), with internal and external alterations, including erection of Annabel's canopy to front, together with the demolition of existing mews 46 Hay's Mews and erection of a replacement four storey building including a two storey basement for the provision of a health club use (sui generis) and associated mechanical plant and landscaping.
28th April 2017 – planning permission and listed building consent were granted [following the completion of a legal agreement for a variation to the earlier scheme, namely use of 46 Berkeley Square as a private members club (sui generis use), with internal and external alterations including mechanical plant, and erection of Annabel's canopy to front; use of 46 Hay's Mews as a private members club, and a health and wellbeing club (sui generis) and alterations to the mews building including the erection of a pitched roof extension with mechanical plant; and erection of a full length retractable glazed canopy from the mews building to the main building enclosing the external dining terrace/courtyard; associated mechanical plant and landscaping (site includes 46 Hay's Mews).
The main difference from the earlier scheme was the inclusion of the retractable canopy over the central courtyard. This was also subject to a legal agreement, similar to the October 2016 permission, that secured the following:
a) The premises to be made available for local charitable openings on at least two occasions each year; b) A minimum of 4 days per year (1 per quarter) for members of the public to look round the building between 09.00 and 16.00 (including one of the Open House London weekend days); c) 10% discounted membership for local residents of Berkeley Square and Hays Mews (subject to them meeting the membership criteria in the same way any other member would be required to do); d) Scholars able to make appointments to view the building and obtain copies of the heritage report electronically free of charge; e) The applicant to apply for listed building consent for the removal of the existing canopy
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to the basement of Annabel's at 44 Berkeley Square and, subject to consent being granted, removal of that canopy before the erection of the approved canopy to the front of 46 Berkeley Square; f) Cycle storage (for 35 bikes) to serve the development to be made permanently available at 3A Hay's Mews; g) planning permission 15/11330/FULL and listed building 15/11331/LBC consents dated 4th October 2016 not to be implemented if the development proceeds under the current planning permission and listed building consent; h) Monitoring costs of the S106 legal agreement.
30th January 2018 – permission granted for variation of Conditions 1 and 8 of planning permission dated 28 April 2017, namely to vary Condition 1 to enable alterations to the Hays Mews elevation, chimney to 46 Hays Mews to be raised in height, provision of a rear facing balcony and associated internal alterations and variation of Condition 8 to change the maximum capacities allowed in the two areas of the club from 550 to 750 people.
In August 2017, applications were submitted for the installation of a plant enclosure, mechanical plant and plant screen at roof level of the main building. After being advised that the proposals were unacceptable on listed building, design and conservation grounds, the applications were withdrawn in October 2017, and the applicant did not pursue the matter with Council officers until March 2018 (when a new planning agent had been appointed). There were ongoing discussions between then and early 2019, by which time the unauthorised plant had been installed on the main roof. Following initial enforcement investigations, the current applications were submitted.
7. THE PROPOSAL
Planning permission and listed building consent are sought to relocate some of the unauthorised roof plant on the roof of 46 Berkeley Square, from the rear of that roof towards the front of the roof, and to retain the roof/smoking terrace within the mansard roof of 46 Hay’s Mews.
The applicant has confirmed that 15 Daikin air handling units are located on the roof of 46 Berkeley Square in an area that measures 41m2 and is 2.6m high. These units provide the heating and cooling capacity for the entirety of the Berkeley Square building and basement. Apparently there is a set requirement for these to be one metre apart to allow sufficient air to flow around the units and for them to function properly. The units run continuously at maximum and the applicant advises that there is no spare capacity.
There is additional mechanical plant located around the perimeter of the roof lantern of 46 Berkeley Square, primarily serving refrigeration and cold rooms. These units are smaller in size than the Daikin air handing units. A water tank and heating vessels are located within the remodelled/enlarged roof top water tank room and lift overrun.
Plant is also located within the eaves of the roof of No. 46 Hay’s Mews. This plant primarily serves the kitchens that are located at basement, ground and first floors of 46 Hays Mews. The plant includes kitchen extract fans and attenuation, UV filtration, domestic extract fans to staff and customer WCs and external units for the fridges located in these kitchens.
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The applicant argues that their mechanical consultants have designed the plant as efficiently as possible in terms of noise, functionality, and space. It is stated that the arrangement of plant on the roof of 46 Berkeley Square represents the most efficient use of space using the most appropriately sized units. During design development, the use of a larger number of smaller units was investigated. However, the arrangement of the various roofs of 46 Berkeley Square and the limited space provided on Hay’s Mews pushed this plant onto the flat roof section of 46 Berkeley Square.
The applicant states that the plant required for the operation of Annabel’s would not be able to fit within the roof space of Hay’s Mews. Furthermore, it is argued that using the existing equipment would protrude 680mm above the ridgeline of the Hay’s Mews roof and it would need significantly more acoustic attenuation than it does on 46 Berkeley Square, to protect the residential properties nearby, but it would not provide the level of ventilation that would be required to keep the plant operational anyway. Reference is also made to the structural limitations of the mews building, with emphasis on the fact that it was largely refurbished rather than demolished and rebuilt with a stronger framework necessary to support a greater amount of plant.
The applicant’s justification for the roof terrace in the roof of the mews building is that it provides an area within the Club’s demise for smokers: when the glass roof over the courtyard terrace is shut, the ground floor courtyard is an enclosed space and cannot therefore be used for smoking.
The applicant claims that throughout the planning process, the plant and noise strategies were presented as indicative. Whilst acknowledging that planning permission and listed building consent “should have been in place”, it is claimed that the existing plant arrangement causes no harm to either the historic building or residents and is the only practical arrangement for the equipment which is essential for the successful operation of Annabel’s within these two buildings.
8. DETAILED CONSIDERATIONS
8.1 Land Use
The proposal does not raise any land use issues and the building remains in its permitted use as a private members’ club. The retention of an additional terrace within the roof of the approved mansard roof on the mews building is dealt with below as an amenity consideration.
8.2 Townscape and Design
Background to roof level works
In October 2016 the City Council granted planning permission and listed building consent for the conversion of the grade 1 listed building to a private members club. The approved scheme, which had been subject to considerable negotiation with officers, removed the existing (historic) large unsightly plant room from the middle of the roof of the main building, and proposed a new plant room on the top of the mews building, within a traditional mansard roof, specifically approved as part of the scheme to house the plant.
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In April 2017 a revised scheme was approved. This included a small lift over run in the middle of the roof of the main building but no other plant on the roof. The profile of the mansard on the mews building was lowered but the plant area remained. In January 2018 another revised scheme was permitted, involving the addition of a large sliding roof over the rear courtyard. The roof level plant remained unchanged from the 2017 scheme.
The works carried out on site were not in accordance with the planning permissions and listed building consents that had been granted. A large plant installation was added to the roof of the rear wing of the main building and another large plant room was added to the middle of the roof. Applications to retain these works were withdrawn in 2017 following advice from officers that the impact of these works was considered harmful and that the applications were likely to be recommended for refusal. The upper part of newly built mansard roof of the mews building, which was supposed to contain a significant amount of the plant, had in fact been used to provide an enclosed roof terrace as part of the members club.
Pre-application discussions were then held, seeking to find a scheme for plant which might be acceptable in heritage asset terms. Officers advised that it was necessary to reduce the amount of plant on the roof of the main building, by relocating some of it to the mews building, in accordance with the original planning permission. Officers considered that the proposals to relocate some of the plant from the rear of the main building to the front of the main building were not acceptable because of their visual impact from Berkeley Square. However, such proposals form the basis of the current applications.
The listed building and relevant legislation and policy
The building was listed in 1958. It was built as a town house circa 1744-50, along with 45, and is attributed to Henry Flitcroft. The list description states:
“Both houses have fine interiors with contemporary plasterwork and chimneypieces. Very good ironwork to stone staircase of No 46. Part of best surviving terrace sequence in square and with exceptional interest.”
The grade 1 listed building makes a positive contribution to the character and appearance this part of the Mayfair Conservation Area. It is also adjacent to a number of highly significant listed buildings: 44 and 45 Berkeley Square are both listed grade 1 and 47 Berkeley Square is listed grade 2 star. This is a historic environment of the highest sensitivity and proposals are required to respond to and respect that.
The key legislative requirements in respect to designated heritage assets such as listed buildings are as follows:
Section 16 of the Planning (Listed Buildings and Conservation Areas) Act 1990 requires that “In considering whether to grant listed building consent for any works the local planning authority or the Secretary of State shall have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses.”
Section 66 of the same Act requires that “In considering whether to grant planning permission for development which affects a listed building or its setting, the local planning
Page 193 Item No. 4 authority or, as the case may be, the Secretary of State shall have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses.”
Section 72 of the same Act requires that “In the exercise, with respect to any buildings or other land in a conservation area…special attention shall be paid to the desirability of preserving or enhancing the character or appearance of that area.”
Chapters 12 and 16 of the National Planning Policy Framework (NPPF) require great weight be placed on design quality and the preservation of designated heritage assets including their setting. Chapter 16 of the NPPF clarifies that harmful proposals should only be approved where the harm caused would be clearly outweighed by the public benefits of the scheme, taking into account the statutory duty to have special regard or pay special attention, as relevant. This should also take into account the relative significance of the affected asset and the severity of the harm caused.
The current proposals
The existing unauthorised plant on the rear roof of the main building is considered unacceptable in terms of its impact on the special architectural and historic interest of the grade 1 listed building and on the character and appearance of the Mayfair Conservation Area. The plant at the rear of the roof is screened with a highly intrusive modern enclosure, inappropriate to the roofscape of a grade 1 listed building, and it is highly visible from Hays Mews to the west. The lift over-run / plant room in the middle of the roof is visible from the east side of Berkeley Square. This is also an inappropriate and harmful addition to the roofscape of the listed building.
When planning permission and listed building consent were granted for the original scheme to create the members club, the committee report identified harmful aspects of the proposals which would need to be outweighed by benefits in order for planning permission and listed building consent to be granted. For example, one harmful aspect was the proposal for the second floor rooms. The committee report stated:
“At second floor level the smaller front room (south) appears to be largely original, lined with mid eighteenth century panelling, and other joinery. This was originally a bedroom. The other front room appears to have been altered. It may have been square too, but then extended towards the rear of the building. The removal of the wall between the two rooms is highly contentious because it involves a loss of original historic fabric (the panelled wall) and a loss of original plan form. Panelled bedrooms from the 1750’s are scarce survivors. Whilst they may not be of the greatest architectural interest (compared with the principal floors below), they are certainly of historic interest. This proposal might be considered harmful in a grade 2 listed building, but in a grade 1 listed building, this causes significant harm.”
One of the key public benefits which could outweigh the harm was the proposal to remove roof level structures from the main building, including the lift over-run. The committee report stated:
“The rear and roof of the building have been altered, including an extension on the north side of the closet wing and a lift over-run at roof level. (The latter will be demolished, which
Page 194 Item No. 4 is beneficial to the special interest of the listed building).”
The current proposals involve changes to the existing unauthorised roof level plant. On the roof of the rear wing the amount of plant will be reduced, set back from the parapet and screened with a slate clad enclosure. This will reduce the height and bulk of the plant and give it a more traditional roof like appearance. It is considered that this aspect of the scheme is acceptable in listed building and conservation area terms.
However, the lift over-run / plant in the middle of the main roof will be retained, and plant from the rear of the main roof would be relocated to the front roof of the main building. The lift over-run is visible from the east side of Berkeley Square. The relocated plant would be higher than the existing ridge and so would also be visible to a degree from the east.
It is considered that the proposals for the roof of the grade 1 building are not acceptable. They would harm the appearance of the roof, and harm views of the building from the east. They would harm the settings of adjacent listed buildings and fail to preserve or enhance the character and appearance of the conservation area. The beneficial changes to the roofscape which were part of the original scheme, and which were used to outweigh the harm caused by aspects of the original scheme, would be lost. Reconsidering the balance between harm and benefits results in the conclusion that the benefits no longer outweigh the harm. Therefore, the current proposals cannot be supported.
The mews building
The third floor of the mews building, within the mansard roof, was originally approved as back-of-house space. However, the rear part of this (east side of the mews building) has been used for some plant. Although unauthorised, this is considered acceptable in urban design and conservation terms. The top of the roof of the mews building has been used to create an unauthorised roof/smoking terrace, enclosed within the slopes of the mansard roof but with a partially openable roof (using a retractable awning), instead of the external plant area as shown on the approved drawings. The current applications seek permission to retain this roof terrace.
The current proposals include retention of a lead clad lift over-run at the southern end of the roof and extract exhausts at the northern end. These are not highly visible from street level and are considered acceptable on balance.
The applicant has sought to argue that there is not sufficient space in the roof of the mews building for relocating the plant which is currently on the main building . Whilst it is probably true that not all of the plant from the main building could fit easily in the mews building, it is not considered necessary to relocate all of the plant from the main building. It is considered that the proposals for the plant on the rear of the main roof are acceptable. The retention of the lift over-run / plant room in the middle of the roof and the plant proposed to be relocated to the front of the main building are the aspects of the proposals which are considered harmful and unacceptable.
It is considered that a significant amount of plant could be removed from the roof of the main building. It seems clear that, at the very least, the plant that is proposed to be relocated to the front roof of the main building could be relocated in the mews building.
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There should also be scope for reducing the height and bulk of the plant room in the middle of the main roof.
Conclusion on urban design and conservation issues
In considering the proposal the City Council has a duty to take into account the Planning (Listed Buildings and Conservation Areas) Act 1990. Sections 16 and 66 require the City Council to have special regard to the preservation of listed buildings including their settings. The Courts have held that harm to listed buildings should be given great weight and importance in planning decisions. This is supported by national policy in the NPPF that requires that ‘great weight’ be given to the preservation of listed buildings, including their setting. Where harm is found to be caused by a development proposal affecting a listed building or its setting, planning permission / listed building consent should be refused unless that development’s public benefits would significantly and demonstrably outweigh that harm.
Section 72 of the Act requires that for development proposals within conservation areas, special attention be paid to the preservation or enhancement of the character or appearance of that conservation area. As the proposed development is within a conservation area, this statutory provision is engaged. This requirement does not extend to development outside of a conservation area, although as with listed buildings, the legislation and NPPF requires that ‘great weight’ be given to the preservation of conservation areas, including their setting.”
It is considered that the proposals for the plant on the main building are harmful to the significance and special interest of this grade 1 listed building and harmful to the character and appearance of the Mayfair Conservation Area. The applicant should be encouraged to investigate alternative proposals which remove plant from the roof of the main building and relocate it to the mews building, in accordance with the original planning permission and listed building consent.
As such, because of its height, bulk, design and architectural relationship to the listed building, the proposed plant on the roof of the main building would harm the special architectural and historic interest of this grade 1 listed building. It would harm the settings of adjacent listed buildings and it would also fail to maintain or improve (preserve or enhance) the character and appearance of the Mayfair Conservation Area. This would not meet S25 and S28 of Westminster's City Plan (November 2016) and DES 1, DES 6, DES 9, DES 10 and paras 10.108 to 10.146 of our Unitary Development Plan that we adopted in January 2007.
There are no public benefits that would outweigh the substantial harm that would be caused to this designated heritage asset. Therefore the recommendation to refuse permission and listed building consent is compliant with the requirements of the NPPF and the statutory duties of the Planning (Listed Buildings and Conservation Areas) Act 1990.
8.3 Residential Amenity
The application is supported by an assessment of noise emissions from the mechanical plant and the roof/smoking terrace in a report by the applicant’s acoustic/noise consultant. The Council’s Environmental Sciences officer has also spoken to the applicant’s consultant
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and the technical considerations are set out in detail in his memorandum dated 20th February 2020 in the Background Papers. However, the conclusion is that there are no objections to the proposals on environmental noise or nuisance grounds subject to conditions (had the proposals been considered acceptable on design and listed building grounds).
Hays Mews has a number of residential properties and two of the representations that have been received. Of the representations that have been received, two refer to noise nuisance, believed to be caused by a kitchen extract fan on the roof of the mews building. This matter has been investigated at length by the applicant’s consultant and whilst it has been difficult to verify the source of the noise, it appears that the situation had improved before the current Covid-19 lockdown forced the closure of the club.
One of the representations refers to the existence of plant rooms at street level resulting in condition about waste storage from an earlier application not being satisfied, with a building up of waste in Hay’s Mews, and that storage of waste must be required as a condition of the current application. However, there are designated waste storage areas in the building and these have nothing to do with the plant. It is noted that one of the other residents has also referred to problems with waste being left in the mews, as well as problems with deliveries and the number of staff moving between 46 Hay’s Mews and their ancillary storage accommodation in the basement of 4 Hay’s Mews. These matters are largely subject to conditions attached to earlier permissions but there have been on-going enforcement investigations about breaches of these conditions.
The smoking terrace is contained within the mansard roof of 46 Hay’s Mews. It is proposed that it is used as a quiet lounge bar with only background music to allow conversation. The intention is to limit the music noise level to 75 dB(A), which the Environmental Sciences officer considers to be acceptable but should be conditioned (if permission were granted). The hours that music is played should also be conditioned, as well as a requirement for the installation of a sound limiter condition like that installed for the main courtyard dining area.
The terrace is only partially open within the roof and there is not considered to be any noise nuisance caused by it (and there have been no objections on these grounds). Similarly there is no scope for overlooking into adjoining properties. Whilst this area should be used for containing some of the mechanical plant (for which it was approved), there is no objection to the terrace itself.
8.4 Transportation/Parking
There are no transport-related matters arising from these proposals.
8.5 Economic Considerations
It is acknowledged that if the plant had to be reconfigured in accordance with the original approvals, the club would probably have to temporarily close for the unauthorised works to be rectified.
8.6 Westminster City Plan
The City Council is currently working on a complete review of its City Plan. Formal
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consultation on Westminster’s City Plan 2019-2040 was carried out under Regulation 19 of the Town and Country Planning Act (Local Planning) (England) Regulations 2012 between Wednesday 19 June 2019 and Wednesday 31 July 2019 and on the 19 November 2019 the plan was submitted to the Secretary of State for independent examination. In the case of a draft local plan that has been submitted to the Secretary of State for Examination in Public, under Regulation 22(3) of the Town and Country Planning Act (Local Planning) (England) Regulations 2012, having regard to the tests set out in para. 48 of the NPPF, it will generally attract very limited weight at this present time.
8.7 Neighbourhood Plans
The Mayfair Neighbourhood Plan includes policies on a range of matters including character, heritage, community uses, retail, offices, housing, cultural uses, transport and the environment. It has been through independent examination and supported at referendum on 31 October 2019, and therefore now forms part of Westminster’s statutory development plan. It will be used alongside the council’s own planning documents and the Mayor’s London Plan in determining planning applications in the Mayfair Neighbourhood Area. Where any matters relevant to the application subject of this report are directly affected by the policies contained within the neighbourhood plan, these are discussed elsewhere in this report.
8.8 London Plan
This application raises no strategic issues.
8.9 National Policy/Guidance Considerations
The City Plan and UDP policies referred to in the consideration of this application are considered to be consistent with the NPPF unless stated otherwise.
Further to the Town and Country Planning (Pre-commencement Conditions) Regulations 2018, the City Council cannot impose a pre-commencement condition (a condition which must be discharged before works can start on site) on a planning permission without the written agreement of the applicant, unless the applicant fails to provide a substantive response within a 10 day period following notification of the proposed condition, the reason for the condition and justification for the condition by the City Council. However, this is not applicable in this case.
8.10 Planning Obligations
Planning obligations are not relevant in the determination of this application, nor is there any CIL payment requirement.
(Please note: All the application drawings and other relevant documents and Background Papers are available to view on the Council’s website)
IF YOU HAVE ANY QUERIES ABOUT THIS REPORT PLEASE CONTACT THE PRESENTING OFFICER: PAUL QUAYLE BY EMAIL AT [email protected]
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9. KEY DRAWINGS
Roof of 46 Berkeley Square – as existing and as proposed
Roof of 46 Hay’s Mews as existing [to be retained]
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Sections through roof of 46 Berkeley Square –
As permitted
As built
As proposed
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Front elevation 46 Berkeley Square – As permitted
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As built
As proposed
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DRAFT PLANNING DECISION LETTER
Address: 46 Berkeley Square, London, W1J 5AT
Proposal: SITE INCLUDES 46 Berkeley Square And 46 Hay's Mews. Installation of plant enclosure, mechanical plant and plant screen at roof level, internal alterations at third floor level; and external alterations to 46 Hay's Mews, including retention of roof terrace within the mansard roof (part retrospective).
Reference: 19/06034/FULL
Plan Nos: Location Plan; 46BS-A-P-017 A02, 46BS-A-P-023 A01, 46BS-A-P-028 A01 and 46BS-A-P-033 A01; 'Assessment of Noise Emissions from Roof Plant & Smoking Terrace' report dated 30 October 2019 (Ref: M3088-HMRP19).
Case Officer: Paul Quayle Direct Tel. No. 07866039895
Recommended Condition(s) and Reason(s)
1 Reason: Because of its height, bulk, design and architectural relationship to the listed building, the plant on the roof of the main building, would harm the special architectural and historic interest of this grade 1 listed building. It would also fail to maintain or improve (preserve or enhance) the character and appearance of the Mayfair Conservation Area. This would not meet S25 and S28 of Westminster's City Plan (November 2016) and DES 1, DES 6, DES 9, DES 10 and paras 10.108 to 10.146 of our Unitary Development Plan that we adopted in January 2007. (X17AD)
2 Because of its height, bulk and design, the roof level plant would harm the setting of the neighbouring grade 1 listed buildings at 44 and 45 Berkeley Square and grade 2 star listed building at 47 Berkeley Square. This would not meet S25 and S28 of Westminster's City Plan (November 2016) and DES 1 and DES 10 (D) of our Unitary Development Plan that we adopted in January 2007. (X20AC)
Informative In dealing with this application the City Council has implemented the requirement in the National Planning Policy Framework to work with the applicant in a positive and proactive way so far as practicable. We have made available detailed advice in the form of our statutory policies in Westminster's City Plan (November 2016), Unitary Development Plan, neighbourhood plan (where relevant), supplementary planning documents, planning briefs and other informal written guidance, as well as offering a full pre application advice service, in order to ensure that the applicant has been given every opportunity to submit an application which is likely to be considered favourably.
In addition further guidance was offered to the applicant at the pre-application stage and by the case officer to the applicant during the processing of the application to identify amendments to address those elements of the scheme considered unacceptable. However, the necessary amendments to make the application acceptable are substantial
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and would materially change the development proposal. They would require further consultations to be undertaken prior to determination, which could not take place within the statutory determination period specified by the Ministry of Housing, Communities and Local Government. You are therefore encouraged to consider submission of a fresh application incorporating the material amendments set out below which are necessary to make the scheme acceptable.
Required amendments:
1. Relocate plant from the roof of the main building (46 Berkeley Square) to the roof of the mews building. 2. Reduce the height and bulk of the plant / lift over-run in the middle of the roof of the main building.
The proposals for the plant on the roof of the rear wing of the main building are considered acceptable.
DRAFT LISTED BUILDING DECISION LETTER
Address: 46 Berkeley Square, London, W1J 5AT,
Proposal: SITE INCLUDES 46 Berkeley Square And 46 Hay's Mews. Installation of plant enclosure, mechanical plant and plant screen at roof level, internal alterations at third floor level; and external alterations to 46 Hay's Mews, including retention of roof terrace within the mansard roof (part retrospective).
Reference: 19/06035/LBC
Plan Nos: Location Plan; 46BS-A-P-017 A02, 46BS-A-P-023 A01, 46BS-A-P-028 A01 and 46BS-A-P-033 A01.
Case Officer: Paul Quayle Direct Tel. No. 07866039895
Recommended Condition(s) and Reason(s)
1 Reason: Because of its height, bulk, design and architectural relationship to the listed building, the plant on the roof of the main building, would harm the special architectural and historic interest of this grade 1 listed building. It would also fail to maintain or improve (preserve or enhance) the character and appearance of the Mayfair Conservation Area. This would not meet S25 and S28 of Westminster's City Plan (November 2016) and DES 1, DES 6, DES 9, DES 10 and paras 10.108 to 10.146 of our Unitary Development Plan that we adopted in January 2007. (X17AD)
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2 Because of its height, bulk and design, the roof level plant would harm the setting of the neighbouring grade 1 listed buildings at 44 and 45 Berkeley Square and grade 2 star listed building at 47 Berkeley Square. This would not meet S25 and S28 of Westminster's City Plan (November 2016) and DES 1 and DES 10 (D) of our Unitary Development Plan that we adopted in January 2007. (X20AC).
Informative
In dealing with this application the City Council has implemented the requirement in the National Planning Policy Framework to work with the applicant in a positive and proactive way so far as practicable. We have made available detailed advice in the form of our statutory policies in Westminster's City Plan (November 2016), Unitary Development Plan, neighbourhood plan (where relevant), supplementary planning documents, planning briefs and other informal written guidance, as well as offering a full pre application advice service, in order to ensure that the applicant has been given every opportunity to submit an application which is likely to be considered favourably.
In addition further guidance was offered to the applicant at the pre-application stage and by the case officer to the applicant during the processing of the application to identify amendments to address those elements of the scheme considered unacceptable. However, the necessary amendments to make the application acceptable are substantial and would materially change the development proposal. They would require further consultations to be undertaken prior to determination, which could not take place within the statutory determination period specified by the Ministry of Housing, Communities and Local Government. You are therefore encouraged to consider submission of a fresh application incorporating the material amendments set out below which are necessary to make the scheme acceptable.
Required amendments:
1. Relocate plant from the roof of the main building (46 Berkeley Square) to the roof of the mews building. 2. Reduce the height and bulk of the plant / lift over-run in the middle of the roof of the main building.
The proposals for the plant on the roof of the rear wing of the main building are considered acceptable.
Please note: the full text for informatives can be found in the Council’s Conditions, Reasons & Policies handbook, copies of which can be found in the Committee Room whilst the meeting is in progress, and on the Council’s website.
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CITY OF WESTMINSTER
PLANNING Date Classification APPLICATIONS SUB For General Release COMMITTEE 26 May 2020 Report of Ward(s) involved Director of Place Shaping and Town Planning St James's Subject of Report 40-42 William IV Street, London, WC2N 4DD, Proposal Variation of conditions 5 and 6 of planning permission dated 9th April 2019 (RN:18/03910/FULL) for the 'Use of part ground and basement floors as drinking establishment (Class A4).' Namely, to amend the approved Operational Management Plan to allow increase in number of customers permitted on site from 90 to 135. Agent Rolf Judd Planning On behalf of Shaftesbury Ltd Registered Number 19/09681/FULL Date amended/ completed 12 December Date Application 12 December 2019 2019 Received Historic Building Grade Unlisted Conservation Area Trafalgar Square
1. RECOMMENDATION
Grant conditional permission.
2. SUMMARY
40-42 William IV Street is an unlisted building of merit within the Trafalgar Square Conservation Area, Core Central Activities Zone and the West End Stress Area. The building comprises 7 storeys with a vacant restaurant at basement, ground and first floor levels and residential flats on the upper floors.
In April 2019 planning permission was granted for the use of the basement as a drinking establishment (Class A4) with a new entrance at ground floor level. This application seeks to vary conditions 5 and 6 of that permission to allow an increase in the number of customers permitted in the bar from 90 to 135.
The applicant states that the increase in numbers is reflective of the licence approved by the council on 5 September 2019 and it is their intention to secure an operator with a good track record to provide a high-end cocktail / wine bar, providing primarily table service.
Objectors state that, when the building was previously in use as a drinking establishment, residents suffered late night disturbance from customers smoking, music and anti-social behaviour and that
Page 207 Item No. 5 increasing the number of patrons will intensify these problems. It is also suggested that the structure of the building is not suitable for the proposed use, with poor sound proofing and a lightwell which captures noise, and that the increase in customers will lead to a requirement for more plant machinery, which they state has previously caused disturbance to residents.
The applicant has updated the approved Draft Operational Management Plan so that it clearly states no more than 135 customers will be allowed on site at any one time. As with the previous application the document sets out the following guidelines that any future tenant will be required to follow, including: • The bar will be open to customers between 12:00 – 23:30 hours Monday to Thursday, 12:00 – 00:00 Friday to Saturday and 12:00 to 22:00 on Sunday. • There will be no external drinking permitted whatsoever; • Notices will be prominently displayed at exists requesting the public to respect the needs of local residents and to leave the premises and the area quietly; • Any patrons smoking outside the premises will do so in an orderly manner and will be supervised by staff so as to ensure that there is no public nuisance or obstruction to the public highway.
In terms of internal noise transfer, the proposed drinking establishment would be separated from the residential flats above by the ground and first floors. As with the previous application, Environmental Health have raised no objections on noise nuisance grounds subject to a condition requiring a noise limiter to be fitted to any musical amplification system and the Council’s standard conditions to prevent internal noise transfer.
Again, the proposals do not include the installation of plant machinery and this would be subject to a further application. The applicant has already provided an indicative ventilation strategy plus Environmental Noise Survey and Plant Noise Assessment Report, which demonstrates that, if plant machinery is required, it should be capable of meeting the Council’s standard noise and vibration conditions. The building remains vacant and the existing plant and machinery for the premises is not currently in use, however if this situation changes and results in nuisance, the Council’s Planning Enforcement Team can take action.
Objectors also state that an increase in the number of customers allowed on site will increase the amount of servicing required (waste and deliveries), which will cause disturbance to residents, increase congestion and pressure on parking. The site is within a Controlled Parking Zone and has a good level of public transport accessibility. The Highways Planning Manager has raised no objection to the proposed increase, as it is not expected to generate a significant increase in servicing trips or parking pressure over that which could be generated by the existing number of customers.
The Covent Garden Community Association have requested that servicing be limited to 08:00 to 20:00 daily. The servicing hours are to remain as approved,08:00 to 23:00 daily, which is considered acceptable in this location.
All other conditions will remain unchanged and it is considered that the proposed increase in the number of customers permitted on site would not result an adverse impact on residential amenity, highways or local environmental quality and it is recommended that permission is granted.
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LOCATION PLAN
..
This production includes mapping data licensed from Ordnance Survey with the permission if the controller of Her Majesty’s Stationary Office (C) Crown Copyright and /or database rights 2013. All rights reserved License Number LA 100019597
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3. PHOTOGRAPHS
Photograph from William IV Street
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CONSULTATIONS
COVENT GARDEN COMMUNITY ASSOCIATION Objection, support the local residents objections to the increase in the number of drinkers on the site as there appear to be numerous historic issues associated with the use of this site as a place of entertainment and the sale of alcohol that were not addressed by the previous occupant and not addressed now by the applicant. These include noise from air handling and extraction devises, antisocial behaviour and servicing. The increase in numbers is likely to cause disturbance and distress to the residents above.
Should consent be given, the following should be taken in account: plant should be tested prior to the occupation and measures put in place to prevent noise and vibration from the building; servicing should be between 08:00 to 20:00 and refuse kept onsite until half an hour before collection; there should be a bottle crusher on-site; and the smoking should be away from the building.
PROJECT OFFICER (WASTE) No objection.
HIGHWAYS PLANNING MANAGER No objection, the increase in capacity does not raise any significant highway or transport concerns.
ENVIRONMENTAL HEALTH No objection, subject to previous conditions.
ADJOINING OWNERS/OCCUPIERS AND OTHER REPRESENTATIONS RECEIVED No. Consulted: 38 Total No. of replies: 4 (Neighbours re-notified on 14 April 2020 regarding updates to the description of development and maximum number of customers specified in Operational Management Plan).
Four letters of objection have been received from residents on the upper floors of the building on the following grounds:
AMENITY • The existing plant machinery on site causes noise and odour nuisance, is in breach of conditions and has previously led to many complaints from residents. • Increasing the number of people allowed on site will require more plant machinery. • The structure of the building is not suitable for the proposed use, with poor sound proofing and a lightwell which captures noise, leading to noise disturbance for residents. • When the building was previously in use as a drinking establishment residents suffered late night disturbance from smokers, servicing/customers/music and anti- social behaviour.
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HIGHWAYS • The increase in numbers will increase the amount of servicing required (waste and deliveries), which will cause disturbance to residents, increase congestion and pressure on parking.
OTHER • Amending the proposals so soon is a waste of time and money. • During the building works, residents have been subject to dust, vermin, water and electricity cuts; • This application was strategically made before the Christmas holidays, when some of the residents are away and will not have an opportunity to comment or seek legal advice. • The drawings are incomplete as they do not show the mezzanine level. • Requests from residents to the applicant for copies of the plans/ diagrams of the H- VAC / Ducting to be put in place for the project and sound insulation have not been met.
PRESS ADVERTISEMENT / SITE NOTICE: Yes
IF YOU HAVE ANY QUERIES ABOUT THIS REPORT PLEASE CONTACT THE PRESENTING OFFICER: IAN CORRIE BY EMAIL AT [email protected]
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4. KEY DRAWINGS
Proposed Ground Floor Plan
Proposed Basement Plan
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DRAFT DECISION LETTER
Address: 40-42 William IV Street, London, WC2N 4DD,
Proposal: Variation of conditions 5 and 6 of planning permission dated 9th April 2019 (RN:18/03910/FULL) for the 'Use of part ground and basement floors as drinking establishment (Class A4).' Namely, to amend the approved Operational Management Plan to allow increase in number of customers permitted on site from 90 to 135.
Reference: 19/09681/FULL
Plan Nos: Approved under 18/03910/FULL: 000; 101 Rev. D; 102 Rev. D; 201; Draft Operational Management Plan dated March 2019.
For information: Cover Letter dated 11 May 2018; Design and Access Statement dated May 2018; 25992/PNA1.Rev 1 dated 18 October 2018; Supplementary Planning Note dated February 2019; 103 Rev. D; 104 Rev. D; 105 Rev. D; 106 Rev. D; 107 Rev. D; 108 Rev. D.
As amended by: Draft Operational Management Plan dated February 2020.
For information:, Cover Letter dated 11 December 2019; 150, 151, 152.
Case Officer: Ian Corrie Direct Tel. No. 07866038370
Recommended Condition(s) and Reason(s)
1 The development hereby permitted shall be carried out in accordance with the drawings and other documents listed on this decision letter, and any drawings approved subsequently by the City Council as local planning authority pursuant to any conditions on this decision letter.
Reason: For the avoidance of doubt and in the interests of proper planning.
2 Except for piling, excavation and demolition work, you must carry out any building work which can be heard at the boundary of the site only: o between 08.00 and 18.00 Monday to Friday; o between 08.00 and 13.00 on Saturday; and o not at all on Sundays, bank holidays and public holidays.
You must carry out piling, excavation and demolition work only:
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o between 08.00 and 18.00 Monday to Friday; and , o not at all on Saturdays, Sundays, bank holidays and public holidays.
Noisy work must not take place outside these hours unless otherwise agreed through a Control of Pollution Act 1974 section 61 prior consent in special circumstances (for example, to meet police traffic restrictions, in an emergency or in the interests of public safety). (C11AB)
Reason: To protect the environment of residents and the area generally as set out in S29 of Westminster's City Plan (November 2016) and STRA 25, TRANS 23, ENV 5 and ENV 6 of our Unitary Development Plan that we adopted in January 2007. (R11AC),
3 Customers shall not be permitted within the drinking establishment premises before 12:00 hours or after 23:30 hours Monday to Thursday, before 12:00 hours or after 00:00 hours Friday to Saturday and before 12:00 hours or after 22:00 hours on a Sunday.
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. (R12AC)
4 All servicing must take place between 08:00 and 23:00 on Monday to Sunday. Servicing includes loading and unloading goods from vehicles and putting rubbish outside the building.
Reason: To avoid blocking the surrounding streets and to protect the environment of people in neighbouring properties as set out in S42 of Westminster's City Plan (November 2016) and STRA 25, TRANS 20 and TRANS 21 of our Unitary Development Plan that we adopted in January 2007. (R23AC)
5 You must carry out the measures included in the approved Draft Operational Management Plan dated February 2020 at all times that the drinking establishment is in use, unless a revised Operational Management Plan is submitted for approval by the City Council. The approved Operational Management Statement must thereafter be followed by the occupants for the life of the development.
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. (R12AC)
6 You must not allow more than 135 customers into the property at any one time. (C05HA)
Reason:
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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. (R12AC)
7 The design and structure of the development shall be of such a standard that it will protect residents within the same building or in adjoining buildings from noise and vibration from the development, so that they are not exposed to noise levels indoors of more than 35 dB LAeq 16 hrs daytime and of more than 30 dB LAeq 8 hrs in bedrooms at night. For music noise, the indices of Leq and LFmax in the octave bands 31.5 Hz, 63 Hz and 125 Hz shall be at least 10 dB below the existing background noise level measured in terms of L90,5mins (31.5Hz, 63Hz, 125Hz) inside the neighbouring premises.
Reason: As set out in ENV6 of our Unitary Development Plan that we adopted in January 2007, and the related Policy Application at section 9.76, in order to ensure that design, structure and acoustic insulation of the development will provide sufficient protection for residents of the same or adjoining buildings from noise and vibration from elsewhere in the development. (R49BA)
8 (1) Where noise emitted from the proposed internal activity in the development will not contain tones or will not be intermittent, the 'A' weighted sound pressure level from the internal activity within the drinking establishment use hereby permitted, when operating at its noisiest, shall not at any time exceed a value of 10 dB below the minimum external background noise, at a point 1 metre outside any window of any residential and other noise sensitive property, unless and until a fixed maximum noise level is approved by the City Council. The background level should be expressed in terms of the lowest LA90, 15 mins during the permitted hours of use. The activity-specific noise level should be expressed as LAeqTm,, and shall be representative of the activity operating at its noisiest. (2) Where noise emitted from the proposed internal activity in the development will contain tones or will be intermittent, the 'A' weighted sound pressure level from the internal activity within the drinking establishment use hereby permitted, when operating at its noisiest, shall not at any time exceed a value of 15 dB below the minimum external background noise, at a point 1 metre outside any window of any residential and other noise sensitive property, unless and until a fixed maximum noise level is approved by the City Council. The background level should be expressed in terms of the lowest LA90, 15 mins during the permitted hours of use. The activity-specific noise level should be expressed as LAeqTm, and shall be representative of the activity operating at its noisiest. (3) Following completion of the development, you may apply in writing to the City Council for a fixed maximum noise level to be approved. This is to be done by submitting a further noise report including a proposed fixed noise level for approval by the City Council. Your submission of a noise report must include: (a) The location of most affected noise sensitive receptor location and the most affected window of it; (b) Distances between the application premises and receptor location/s and any mitigating features that may attenuate the sound level received at the most affected receptor location; (c) Measurements of existing LA90, 15 mins levels recorded one metre outside and in
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front of the window referred to in (a) above (or a suitable representative position), at times when background noise is at its lowest during the permitted hours of use. This acoustic survey to be conducted in conformity to BS 7445 in respect of measurement methodology and procedures; (d) The lowest existing LA90, 15 mins measurement recorded under (c) above; (e) Measurement evidence and any calculations demonstrating that the activity complies with the planning condition; (f) The proposed maximum noise level to be emitted by the activity.
Reason: Because existing external ambient noise levels exceed WHO Guideline Levels and as set out in ENV 6 (1), (6) and (8) and ENV 7 (A)(1) of our Unitary Development Plan that we adopted in January 2007 (UDP), so that the noise environment of people in noise sensitive properties is protected, including the intrusiveness of tonal and impulsive sounds; and as set out in S32 of Westminster's City Plan (November 2016), by contributing to reducing excessive ambient noise levels. Part (3) is included so that applicants may ask subsequently for a fixed maximum noise level to be approved in case ambient noise levels reduce at any time after implementation of the planning permission. (R47AB)
9 You must not use the drinking establishment (Class A4) until you have sent us details of the noise limiter fitted to the musical amplification system and we have approved these details in writing. The device must be commissioned to ensure emitted music noise is acceptable when assessed within neighbouring residential properties, so that it complies with the noise criteria set out in condition 7 and 8 of this permission. You must not make any adjustments to the device unless we approve this in writing. Any loudspeakers in the drinking establishment shall be wall or floor mounted only, and all must incorporate appropriate anti-vibration supports to prevent transmission of music through the building structure.
Reason: Because existing external ambient noise levels exceed WHO Guideline Levels and as set out in ENV 6 (1), (6) and (8) and ENV 7 (A)(1) of our Unitary Development Plan that we adopted in January 2007 (UDP), so that the noise environment of people in noise sensitive properties is protected, including the intrusiveness of tonal and impulsive sounds; and as set out in S32 of Westminster's City Plan (November 2016), by contributing to reducing excessive ambient noise levels. Part (3) is included so that applicants may ask subsequently for a fixed maximum noise level to be approved in case ambient noise levels reduce at any time after implementation of the planning permission. (R47AB)
10 Prior to occupation a "Secured by Design" accreditation shall be obtained for the drinking establishment and thereafter all features are to be permanently retained.
Reason: To reduce the chances of crime without harming the appearance of the building as set out in S29 of Westminster's City Plan (November 2016) and DES 1 (B) of our Unitary Development Plan that we adopted in January 2007. (R16AC)
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11 You must apply to us for approval of details of how waste is going to be stored on the site. You must not start work on the relevant part of the development until we have approved what you have sent us. You must then provide the waste store in line with the approved details, and clearly mark it and make it available at all times to everyone using the drinking establishment. You must not use the waste store for any other purpose. (C14CD)
Reason: To protect the environment and provide suitable storage for waste as set out in S44 of Westminster's City Plan (November 2016) and ENV 12 of our Unitary Development Plan that we adopted in January 2007. (R14BD)
12 You must apply to us for approval of details of secure cycle storage for the drinking establishment 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. You must not use the cycle storage for any other purpose.
Reason: To provide cycle parking spaces for people using the development as set out in Policy 6.9 (Table 6.3) of the London Plan 2016 (R22FA)
13 There shall be no primary cooking on site such that you must not cook raw or fresh food on the premises.
Reason: The plans do not include any kitchen extractor equipment. For this reason we cannot agree to unrestricted use as people using neighbouring properties would suffer from cooking smells. This is as set out in S24 and S29 of Westminster's City Plan (November 2016) and ENV 5 of our Unitary Development Plan that we adopted in January 2007. (R05EC)
Informative(s):
1 In dealing with this application the City Council has implemented the requirement in the National Planning Policy Framework to work with the applicant in a positive and proactive way. We have made available detailed advice in the form of our statutory policies in Westminster's City Plan (November 2016), Unitary Development Plan, neighbourhood plan (where relevant), supplementary planning documents, planning briefs and other informal written guidance, as well as offering a full pre application advice service, in order to ensure that applicant has been given every opportunity to submit an application which is likely to be considered favourably. In addition, where appropriate, further guidance was offered to the applicant at the validation stage.
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2 HIGHWAYS LICENSING:Under the Highways Act 1980 you must get a licence from us before you put skips or scaffolding on the road or pavement. It is an offence to break the conditions of that licence. You may also have to send us a programme of work so that we can tell your neighbours the likely timing of building activities. For more advice, please visit our website at www.westminster.gov.uk/guide-temporary-structures.
CONSIDERATE CONSTRUCTORS: You are encouraged to join the nationally recognised Considerate Constructors Scheme. This commits those sites registered with the Scheme to be considerate and good neighbours, as well as clean, respectful, safe, environmentally conscious, responsible and accountable. For more information please contact the Considerate Constructors Scheme directly on 0800 783 1423, [email protected] or visit www.ccscheme.org.uk.
BUILDING REGULATIONS:, You are advised that the works are likely to require building regulations approval. Details in relation to Westminster Building Control services can be found on our website at www.westminster.gov.uk/contact-us-building-control
3 You may need to get separate permission under the Town and Country Planning (Control of Advertisements) (England) Regulations 2007 if you want to put up an advertisement at the property. (I03AA)
4 In relation to condition 10, you must seek the advice of the Metropolitan Police Service Designing out Crime Officers (DOCOs) to achieve accreditation. The services of MPS DOCOs are available free of charge and can be contacted via [email protected] or 02087333465.
5 In relation to condition 11, you should refer to the City Council Recycling and Waste Storage Requirements, sections 2.3.1 and 3.1.
6 In relation to condition 13, you must not cook food in any way which is likely to cause a nuisance by smell. You must not, for example, grill, fry, toast, braise, boil, bake, hot smoke or roast food. However, you can reheat food by microwave or convection oven as long as this does not require extractor equipment.
Any application to remove or vary the condition must submit details of extraction which shall consist only of either a 'full height' system or in limited circumstances where all cooking equipment is electric only an 'approved recirculation' scheme ( any extraction scheme proposing 'low-level' external discharge to get rid of cooking fumes will not be accepted as being suitable as per Westminster Environmental Health requirements for new premises wishing to provide an extensive hot food operation).
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Please note: the full text for informatives can be found in the Council’s Conditions, Reasons & Policies handbook, copies of which can be found in the Committee Room whilst the meeting is in progress, and on the Council’s website.
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