This meeting of the Planning Applications Sub-Committee will consider six planning applications, along with an application to fell a tree. The applications are varied, but two of the most significant relate to seating areas on the Covent Garden Piazza.

Seating area outside NaNa Restaurant at 27B The Market

Officers have recommended that the application to extend the temporary permission for the outdoor seating area at 27B The Market in Covent Garden be refused.

The restaurant in question is called NaNa Covent Garden Ltd and they are requesting permission to continue to have an outdoor seating area on the Piazza for a further two years, having already been granted permission for a two-year period on 24 March 2022.

The Covent Garden Area Trust object to the application, saying that:

The proposal is essentially the privatisation of the unique Piazza laid out by Inigo Jones in the 17th century.

The current temporary permission allows for a smaller number of tables and chairs to remain out on the Piazza outside of the restaurant's operating hours, but officers have expressed scepticism that this condition is being met. The planning officer's report contains photographs of the seating area that appear to show it still in place outside of the permitted hours. The Covent Garden Community Association have said:

Applicant has never complied with the conditions to clear the area after 11pm and continues to play music.

The application is recommended for refusal because the seating area is said to harm the setting of the Grade II* listed Market Building and to compromise the heritage and open space value of the Covent Garden Piazza, which is a designated open space.

The applicant's landlord, Shaftesbury Capital have written in support of the application. They dispute that the land is public highway and argue that its use for alfresco dining does not affect the operation of the highway. They make the case that

The spatial integrity of the Piazza was destroyed when the Market Buildings were constructed and the Piazza was used for storage and parking when the Market Building was used as a fruit and vegetable market.

Seating area outside Sushi Samba at 35 The Market

This application is seeking permission for an outdoor seating area outside the Sushi Samba restaurant at 35 The Market in Covent Garden. The application has been made by Hybrid Planning & Development Limited on behalf of Sushi Samba.

The application has been recommended for refusal because the paraphernalia around the seating area is said to detract from the Grade II* Listed Market Building and its setting, and because the furniture is considered to take up too much of the Covent Garden Piazza, which is a designated open space.

The Covent Garden Community Association object to the application, saying:

The impact of this amount of furniture on the public highway and Piazza is unacceptable, prevents free movement of visitors to the area and has a negative impact on grade II* listed building.

The application seeks permission for the parasols and service station associated with the outdoor seating to be left on the Piazza at night, while the other furniture would be taken away and stored elsewhere. However, officers are sceptical that this could be achieved. The Covent Garden Area Trust also object to the application, saying:

The applicants have been continually acting contrary to Condition 2 of the consent they received for application 22/07788/FULL and it is extremely likely they would continue to do so for any similar conditions to any future consents they might receive.

Application 22/07788/FULL was approved in August 2023 and gave temporary permission for an outdoor seating area in the same location, requiring all of the furniture to be removed at night. The Covent Garden Area Trust appear to be suggesting that this requirement was not adhered to.

Sushi Samba's Landlord Shaftesbury Capital have written in support of the application. They argue that the proposals accord with the Council's Covent Garden Public Realm Framework, which was published in February 2022 and sets out the Council's aspirations for the management of Covent Garden. They also point out that the proposals include keeping the area to the north of the Piazza free of tables and chairs to maintain views of the Market Building.

Proposed extension to office building at 17-19 Foley Street

The sub-committee will consider an application for an extension to an office building at 17-19 Foley Street in Fitzrovia. The applicant is Foley Street LLP.

The proposals involve the construction of a new top floor on the building, providing 126 square metres of additional office space and a terrace fronting Foley Street. The proposals also include relocating existing plant equipment to the new roof, which officers acknowledge is:

undesirable due to the resulting additional height and bulk presented by the necessary acoustic enclosure.

The application has attracted seventeen objections from local residents, who have raised concerns about the impact on daylight and sunlight to surrounding properties, the potential noise from the plant equipment, and the possibility that light from the new windows will shine into their homes. Residents also object to the lack of consultation that the applicant undertook before submitting the application.

The Fitzrovia West Neighbourhood Forum also object to the application, arguing that:

The proposal is vertical rather than sloped and has no other design features in common with its surroundings.

They also highlight the impact of the development on the nearby Middlesex Hospital Annexe, and say that the applicant's plan to locate the plant equipment on the roof was not the best option, preferring for it to be housed in the basement.

The application has been recommended for approval, with conditions, because officers believe that any harm to the amenity of local residents can be mitigated against, and because the development will provide employment space and will help Westminster Council to meet its employment targets.

Proposed extension to office building at 22-24 Bruton Place

The sub-committee will consider an application for an extension to an existing office building at 22-24 Bruton Place. The application was made by Gerald Eve LLP on behalf of Berkeley Square Holdings Limited.

The proposals involve the construction of a new top floor on the building, providing additional office space, and the change of use of a garage on the ground floor to retail. The application has attracted objections from local residents, concerned about the impact on the character and appearance of the area, the impact on parking in the area, and the potential for the new windows to overlook their properties.

The Mayfair Neighbourhood Forum have requested that the applicant agree to prevent the new ground floor retail space from being used as a restaurant. The applicant has addressed these concerns by confirming that they will not be installing any flues or ventilation that a restaurant would typically need, in order to make it less likely that the space would be used as a restaurant in the future.

The application is recommended for approval subject to a Section 106 Legal Agreement being entered into.

A Section 106 legal agreement is used by local planning authorities to place obligations on developers to mitigate the impact of a development. They are used when it is not possible to do so through planning conditions.

In this case, the legal agreement will be used to secure improvements to the highway outside the office. Officers have said that this will include the removal of an existing vehicle crossover and the reinstatement of the footway in that location.

Demolition and rebuild of house at 8 Westbourne Park Road

The sub-committee will consider a planning application for the demolition and rebuild of a house at 8 Westbourne Park Road in Bayswater. The application was made by Lucy Wood Architects on behalf of Edoardo Zegna.

The proposals involve the demolition of the existing house, while retaining the existing facade. The application has attracted objections from local residents who object to the demolition of a period building, on the grounds that it is contrary to the aims of historic preservation and because it is disruptive.

The application was previously considered by officers in 2022 and was granted planning permission. The current application is very similar to the previous one, the only real difference being the greater extent of the demolition.

The officers' report includes a section about the sustainability of demolishing the house. It discusses Policy 38 of the City Plan, which says that new developments should be designed sustainably and that:

As new developments are large consumers of resources and materials, the possibility of sensitively refurbishing or retrofitting buildings should also be considered prior to demolition…

Officers acknowledge that demolishing buildings can have a significant environmental impact and that it should be avoided where possible. However, they point out that the applicant has already secured planning permission for works that would involve the demolition of most of the interior of the house, and that the additional demolition sought by this application would be minimal.

The application is recommended for approval because of the environmental benefits of demolishing the house. In the report, officers point out that the existing house cannot easily be fitted with solar panels and that to refurbish it would require substantial works, meaning that:

Refurbishing would also require substantial modifications to outdated structural elements, almost doubling the material needed compared to a new build.

They also say that the new house will be highly energy efficient and exceed the minimum energy efficiency standards required by building regulations.

Proposed replacement windows at 27 Huxley Street

Finally, the sub-committee will consider an application for replacement windows at a house at 27 Huxley Street in Queen's Park. The application was made by Councillor Stav Stavrou.

The proposals involve replacing the existing single-glazed timber sash windows with new double-glazed windows. The applicant has stated that the new windows will match the existing windows in terms of their appearance.

Planning permission is required for these works because the house is in a conservation area and is covered by an Article 4 Direction.

An Article 4 direction is a legal tool used by local planning authorities to remove certain permitted development rights. Permitted development rights allow homeowners to make certain changes to their homes without the need for planning permission. They are removed because the local authority is concerned about the impact those works will have.

In the case of the house on Huxley Street, permitted development rights were removed to protect the character and appearance of the Queen's Park Estate Conservation Area.

The application is recommended for approval, subject to a condition requiring that the new windows match the appearance of the existing windows.