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Planning Applications Sub-Committee (3) - Tuesday 17th September, 2024 6.30 pm

September 17, 2024 View on council website  Watch video of meeting
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Summary

This meeting was about deciding whether to grant planning permission, listed building consent, and make tree preservation orders. It included applications for alterations to a building in Foley Street, a roof extension to create new offices in Bruton Place, demolition and rebuild behind a retained facade in Westbourne Park Road, the felling of a tree in Clifton Hill, and applications to extend permissions for the use of public highway land in Covent Garden to place tables and chairs, and for the replacement of windows in Huxley Street. Please note that this summary is based solely on the documents that were made available to the public in advance of the meeting. It does not contain any information about what was said or any decisions that were made during the meeting.

Covent Garden Piazza tables and chairs

The most publicly significant items were two proposals by businesses to extend planning permissions allowing them to use part of Covent Garden Piazza for outdoor seating, and a further proposal to use part of the Piazza in a similar way.

NaNa Covent Garden Ltd - 27B The Market

NaNa Covent Garden Ltd requested permission to continue placing tables, chairs, planters, windscreens and parasols in three areas outside their restaurant at 27B The Market, for a further two years. These were previously authorised in March 2022 for two years, to help the business recover from the COVID-19 pandemic. The Covent Garden Area Trust and Covent Garden Community Association both objected to the proposals, and the Highways Planning Manager reported that they were unacceptable.

Allowing the proposals on a permanent basis would cause harm to the setting of the Grade II* Covent Garden Market Building, compromise the quality and heritage value of the open space of the Covent Garden Piazza and cause harm to the appearance of the townscape generally and would fail to maintain or improve (preserve or enhance) the Covent Garden Conservation Area

The report noted that the furniture on the piazza did not meet the definition of ‘essential or ancillary’ under Policy 34 of the City Plan, that it amounted to street clutter under Policy 43, and that it constituted an obstruction to the highway. Shaftesbury Capital, the freeholder of the Market Building and the applicant’s landlord, made representations in support of the application. The officer recommended refusal.

Sushi Samba - 35 The Market

Sushi Samba requested permission to place tables, chairs, planters, parasols and two external bars in front of 35 The Market for two years. This proposal is similar to a development that was previously granted temporary planning permission on this site in 2020 and again in 2023. It involves removing the furniture from the Piazza overnight. The Covent Garden Area Trust and Covent Garden Community Association both objected to the proposals and the Highways Planning Manager said it was unacceptable.

The existing and proposed set up is essentially an extension of the business's internal space as opposed to a traditional alfresco dining area. Covent Garden's Piazza is one of London's best loved public spaces, and should be enjoyed primarily as an open space.

The report noted that the furniture on the piazza did not meet the definition of ‘essential or ancillary’ under Policy 34 of the City Plan, that it amounted to street clutter under Policy 43, and that it constituted an obstruction to the highway. Shaftesbury Capital, the freeholder of the Market Building and the applicant’s landlord, made representations in support of the application. The officer recommended refusal.

Foley Street roof extension

Foley Street LLP requested planning permission to build an additional storey on top of their office building at 17-19 Foley Street, and to relocate mechanical plant to the roof. The application included the creation of a roof terrace, as well as the installation of obscured glass and automated blinds on the rear elevation of the new top floor.

Thirteen residents objected to the proposals, and the Fitzrovia West Neighbourhood Forum objected to the proposed form of the roof extension. The report notes that

the modernity of the building allows for a more contemporary approach

and that because the extension is recessed

the vertical form of the roof is not considered visually dominant or discordant to the host building.

The report includes a detailed assessment of the potential impact of the development on daylight and sunlight levels for nearby residents. The officer recommended that the application be granted.

Bruton Place roof extension

Berkeley Square Holdings Ltd requested planning permission to build an additional storey on top of their office building at 22-24 Bruton Place. The application included the creation of a roof terrace, reconfiguration of the ground floor to include a retail unit, the replacement of an existing vehicle crossover with footway, and the installation of obscured glass and automated blinds on the rear elevation of the new top floor.

Three residents objected to the proposals, the Mayfair Neighbourhood Forum said it was neutral on the application, and the Highways Planning Manager considered elements of the development proposal to be unacceptable. The report notes that the changes to the building

reflect a traditional treatment and will not appear out of place in surrounding views

The report includes a detailed assessment of the potential impact of the development on daylight and sunlight levels for nearby residents, as well as a detailed assessment of whether the proposals meet the tests set out in Regulation 122(2) of the Community Infrastructure Levy Regulations 20101. The officer recommended that the application be granted, subject to a Section 106 agreement to secure highway improvements.

Westbourne Park Road demolition and rebuild

Edoardo Zegna applied for permission to demolish and rebuild their house at 8 Westbourne Park Road, behind a retained facade. The proposals included the installation of a green roof and a green wall, as well as air source heat pumps and photovoltaic panels.

Ten residents objected to the proposals, and a further five residents objected after the application was amended to include the air source heat pumps.

Objection to demolition of most of attractive period building within a Conservation Area – against aims of conservation and historic preservation.

The officer's report notes that the application will

cause moderate harm (less than substantial) to the conservation area

but that this harm is outweighed by the environmental benefits of demolishing and rebuilding the house, instead of retaining more of the original structure. The officer recommended that planning permission be granted.

Clifton Hill tree preservation order

Crawford and Company requested consent to fell a London plane tree at 92 Clifton Hill, and to replace it with a new tree. The report states that the tree has honey fungus, and that the officer recommended that consent to fell the tree be granted, subject to the condition that it be replaced.

Huxley Street window replacement

Councillor Stav Stavrou applied for permission to replace single glazed windows at their house at 27 Huxley Street with double glazed windows that match the appearance of the existing windows. The property is in the Queen's Park Estate Conservation area, which is subject to an Article 4 direction2. The officer recommended that planning permission be granted.


  1. The Community Infrastructure Levy Regulations 2010 set out the legal framework for the Community Infrastructure Levy (CIL) in England and Wales. The CIL is a charge that local authorities can choose to levy on new development in their area. The money raised from the CIL is used to fund infrastructure that supports the development, such as new roads, schools, and health facilities. 

  2. An Article 4 Direction is a legal tool that allows a local planning authority to remove certain permitted development rights in a particular area. Permitted development rights are rights that allow homeowners and businesses to carry out certain types of development without needing to apply for planning permission. An Article 4 Direction can be used to protect the character of an area, such as a conservation area, or to prevent development that would be harmful to the amenity of the area.