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CITY OF WESTMINSTER

PLANNING APPLICATIONS SUB COMMITTEE

Date

Classification

For General Release

Report of

Director of Place Shaping and Town Planning

Ward(s) involved

Churchill

Subject of Report 35 – 37 and 39 Elizabeth Street and 141 Ebury Street, London, SW1W 9RP

Proposal Demolition of existing buildings at 35 -37 Elizabeth Street and erection of a new five storey building comprising retail (Class A1) at ground floor level and residential (Class C3) at first to fourth floor levels (3 x 2 bed, 1 x 1 bed). Creation of roof terrace with balcony to rear in connection with existing residential accommodation at 39 Elizabeth Street. Use of ground and basement of 141 Ebury Street and part ground floor of new building at 35 Elizabeth Street as restaurant (Class A3) and associated alterations including installation of full height extract duct, plant, new shopfront and platform lift.

Agent Gerald Eve LLP

On behalf of Grosvenor Estate Belgravia

Registered Number 19/05805/FULL Date amended/ completed

5 August 2019

Date Application Received

24 July 2019

Historic Building Grade Unlisted

Conservation Area Belgravia

1. RECOMMENDATION

Grant conditional permission

2. SUMMARY

The application site consists of 35, 37 and 39 Elizabeth Street and 141 Ebury Street, which are located within the Belgravia Conservation Area and the Elizabeth Street Local Centre. 35 Elizabeth Street is identified as an unlisted building of merit. Permission is sought for the demolition and redevelopment of 35 - 37 Elizabeth Street to provide a new five storey building with a retail unit at ground floor level and four residential units on the upper floors (3 x 2 bed, 1 x 1 bed). A terrace is proposed at rear first floor level for use by the existing first floor flat within 39 Elizabeth Street. It is also proposed to change the use of the existing bank at 141

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Ebury Street to a restaurant (Class A3), with the provision of a full height extract duct to the rear, shopfront alterations and installation of a platform lift on Ebury Street. The key issues in this case are:

• The impact of the proposals on the character and appearance of the conservation area.

• The land use implications of the proposals;

• The impact of the proposals on the amenity of surrounding residents; and

• The impact of the proposals on the surrounding highway network. The proposals are considered to comply with relevant policies set out in our City Plan and Unitary Development Plan and are therefore considered acceptable in design, conservation, land use, amenity and highways terms.

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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

141 Ebury Street (residential flats at 39 Elizabeth Street on upper floors)

35 – 37 Elizabeth Street

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5. CONSULTATIONS

BELGRAVIA RESIDENTS ASSOCIATION Any response to be reported verbally. THE BELGRAVIA SOCIETY Any response to be reported verbally. BELGRAVIA NEIGHBOURHOOD FORUM Any response to be reported verbally. ENVIRONMENTAL HEALTH 12/08/2019 The plant noise assessment does not include noise from the kitchen extract duct which terminates at high level. Additional acoustic assessment required to include the extract duct (and consider whether it requires mitigation measures) and show the adequacy of the sound insulation of the separating structures between the commercial and residential units. 12/12/2019 and 19/01/2020 No objection, subject to conditions. The adequacy of the sound insulation of the separating structures between the commercial and residential units has now been demonstrated. The updated acoustic report confirms that the plant and extract duct is likely to comply with the Council’s standard noise condition.

WASTE PROJECT OFFICER The revised drawings indicate waste storage for the restaurant, which is considered to be acceptable. A condition is recommended to ensure that this is retained. The applicant has not provided waste storage details for the retail and residential units, it is recommended that this is secured by condition.

HIGHWAYS PLANNING MANAGER: 25/10/2019 The evidence of the Council’s most recent parking survey in 2018 indicates that on-street car parking occupancy in the area has not breached the 80% threshold. The increase in the number of residential units without off-street car parking is therefore acceptable. Seven cycle parking spaces are provided in line with London Plan policy and it is recommended that this be secured by condition.

No off-street servicing is proposed. The servicing needs of the restaurant would be required to be met on-street. A Servicing Management Plan will be required.

The location of the proposed platform lift is inappropriate and there appears to be no means of preventing pedestrians from falling down it when it is in use. 17/01/2020

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No objection raised to the proposed Servicing Management Plan and details of the platform lift, subject to conditions. BUILDING CONTROL No comment, existing basement structure is being retained.

ADJOINING OWNERS/OCCUPIERS AND OTHER REPRESENTATIONS RECEIVED No. Consulted: 43 Total No. of replies: 11 No. of objections: 5 No. in support: 6 5 letters of objection have been received on some or all of the following grounds: LAND USE

• Belgravia is a residential area and Elizabeth Street already has a high number of restaurants, another is not needed.

• The proposal is out of scale with the surrounding area and contrary to City Plan Policy S24 and UDP TACE policies.

• Increased noise from customers arriving and leaving the restaurant and from music within the premises, particularly at night.

• No hours of opening have been provided and concern is raised about increased late night noise, far in excess of what the existing bank caused.

AMENITY

• Loss of daylight and sunlight to surrounding buildings.

• The proposed platform lift and new escape door will be located underneath a bedroom window and could lead to noise disturbance during early morning deliveries.

• The kitchen extractor duct and cooling plant will create noise and odours.

• The servicing of the restaurant would add to existing noise and disturbance in the area.

• The acoustic report does not address the noise level from the air intake to the proposed restaurant kitchen, this is to be assessed by the new tenant, which is too late from the point of view of residents.

• The toilets proposed in the basement of 141 Ebury Street would cause noise and smells to the residents above.

HIGHWAYS

• Increased traffic in Elizabeth Street will add to congestion and impact on the availability of parking spaces.

• Increased pollution of the neighbourhood.

OTHER

• Additional pressure from the large kitchen proposed will overload the water and sewage system.

• The works will be noisy and disruptive to residents.

• The licence should include conditions preventing smoking and drinking outside.

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• Two internal doors are to be removed from the ground floor area of 39 Elizabeth Street, one of these doors leads to the basement of 39 Elizabeth Street and should be retained.

• It is proposed to have an escape route up the stairs and out the front door of 39 Elizabeth Street, this would potentially increase usage through a private residential building, which would impact the security of the four residential flats above.

• The application form states that there will be no increase in staff numbers, which is considered to be untrue.

• Notice to residents has not yet arrived and the declaration was signed before the application was submitted.

• Food waste is currently left in the street from existing restaurant premises in the area.

6 Letters of support have been received on some or all of the following grounds: LAND USE

• The building (35 Elizabeth Street) has been derelict for over 13 years and re-development will bring new life to the street.

• The nature of the building does not lend itself to retail so a restaurant is appropriate.

• Given the proximity of the coach station and Elizabeth Street being a major cut through, it has never been a quiet residential street, so the proposals would be in keeping with the area.

AMENITY

• This corner regularly attracts anti-social behaviour and to have the space occupied again could help prevent this.

OTHER

• The proposals would create employment opportunities.

NEIGHBOURS RE-NOTIFIED ON 26 NOVEMBER 2019 and 18 FEBRUARY 2020 Revised drawing received changing the profile of the top storey of 35 Elizabeth Street to a mansard. Additional and updated information provided: Daylight/Sunlight Assessment, updated Acoustic Report, Operational Management Plan, Draft Delivery and Servicing Plan and revised basement plan. No Consulted: 43 No. objections: 3 on the following grounds: LANDUSE/AMENITY

• Already too many eateries in the area: noise and disturbance to residents’ from customers, servicing, traffic congestion, pollution and litter.

• The proposed rubbish collection at 06:00 – 07:30 is not acceptable and will cause disturbance to nearby residents and a hotel.

• The closing time of 23:30 is too late.

• There is no indication of the type of restaurant planned and whether they will employ a doorman to ensure patrons do not cause disturbance to residents.

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HIGHWAYS

• The areas for rubbish collection and deliveries on Ebury Street and Elizabeth Street could further cause congestion on an already busy street.

PRESS ADVERTISEMENT / SITE NOTICE: Yes

6. BACKGROUND INFORMATION

6.1 The Application Site The application site consists of 35, 37 and 39 Elizabeth Street and 141 Ebury Street which are located within the Belgravia Conservation Area and the non-core frontage of the Elizabeth Street Local Shopping Centre. 35 Elizabeth Street dates from the early nineteenth century and is an unlisted building of merit, which is considered to make a positive contribution to the Belgravia Conservation Area. The building has been vacant since 2005, but consists of retail (Class A1) at ground and basement levels, with a residential unit (Class C3) at second and third floor level. 141 Ebury Street is a five storey building comprising a bank (Class A2) at ground and basement level which has been vacant since 2017, and 4 residential flats (Class C3) at first to fourth floor level known as Ebury House, 39 Elizabeth Street. 37 Elizabeth Street is a single storey building which formed part of the bank.

6.2 Recent Relevant History

In October 2008, permission was granted for demolition of existing building at 35 Elizabeth Street and redevelopment of a three storey building with retail unit at ground floor and one self-contained residential unit at first and second floors. Permission was subsequently granted for the same works in July 2012.

7. THE PROPOSAL

35 – 37 Elizabeth Street The proposals involve the demolition of the existing three storey building at 35 Elizabeth Street and single storey building at 37 Elizabeth Street and their replacement with a larger 5 storey building comprising retail (class A1) at ground floor level and four residential units on the upper floors (3 x 2 bed, 1 x 1 bed). The top storey of the building has been revised to be configured as a traditional flat top mansard with biodiverse roof.

141 Ebury Street The proposals involve the change of use from bank (Class A2) to restaurant (Class A3) at ground and basement levels, with the restaurant extending into the rear part of the new building at 35 Elizabeth Street (infilling the existing rear lightwell at ground floor

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level). A full height extract duct is proposed to the rear. Shopfront alterations are also proposed, including lowering the stall risers, replacement of fenestration and the installation of a platform lift on Ebury Street. 39 Elizabeth Street (Ebury House) It is proposed to create a roof terrace at rear first floor level with balcony above, for use by the residential occupiers of Flat 1, 39 Elizabeth Street. Five air source heat pumps are proposed at main roof level associated with the proposed restaurant at 141 Ebury Street.

8. DETAILED CONSIDERATIONS

8.1 Land Use

The existing and proposed land uses can be summarised as follows:

Existing GIA (sqm) Proposed GIA (sqm)

+/-

Shop (Class A1) 63 36 - 27

Restaurant (Class A3)

0 367 + 367

Residential (Class C3)

52 371 + 319

Bank (Class A2) 322 0 - 322

Total 437 774 + 337

Applicants calculations

Loss of A1 Retail Floorspace City Plan policy S21 states that existing A1 retail will be protected throughout Westminster except where the Council considers that the unit is not viable as demonstrated by long-term vacancy despite reasonable attempts to let. Unitary Development Plan Policy SS7(C) relates to the non-core frontage on Local Centres and states that, permission will be granted for the loss of an A1 use at ground-floor level if the proposal: would not be detrimental to the character or function of the centre, nor have a harmful effect on the vitality or viability of the centre; would not reduce the range of local convenience shops, or have a detrimental effect on local shopping facilities; would not result in more than three non-A1 units located consecutively in a frontage; and would not undermine the balance of A1 to non-A1 uses within the frontage or centre as a whole. A retail unit is reprovided at 35 Elizabeth Street of approximately 65sqm (a reduction of 27sqm from existing). The applicant has provided a letter from their commercial agents (Bruce Gillingham Pollard) which states that there is a good demand for A1 retail units of this size and that they have recently let similar sized units in the immediate area. It is therefore considered that a viable retail unit will be retained and the small loss of A1 floorspace would not have a detrimental effect on local shopping facilities.

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Loss of A2 Retail Floorspace City Plan Policy S21 states that existing non-A1 retail uses and uses occupying shop-type premises within designated shopping centres will be protected from changing to uses that do not serve visiting members of the public and that do not have active shopfronts. Unitary Development Plan Policy SS7 (D) states that change of use from a non-A1 use to A3 use in a Local centre will not be permitted if the proposal would have a detrimental effect on residential amenity, or harm the viability, character or environment of the centre. The proposed change of use of 141 Ebury Street from a bank to a restaurant (Class A3), would involve the loss of 322 sqm of Class A2 floorspace. The bank has been vacant since 2017 and the proposed restaurant will maintain a use that serves visiting members of the public and an active shopfront. It is therefore considered that the proposal would not have a detrimental effect on the vitality or viability of the local centre. The amenity impacts of the proposed restaurant use are addressed below. Creation of Restaurant (Class A3) floorspace City Plan Policy S24 states that new entertainment uses will need to demonstrate that they are appropriate in terms of the type and size of use, scale of activity relationship to any existing concentrations of entertainment uses and any cumulative impacts; and they do not adversely impact on residential amenity, health and safety, local environmental quality and the character and function of the area. The proposed A3 floorspace is 367 sqm and given the application is located outside the Core Central Activities Zone (CAZ), UDP Policy TACE 9 is relevant in assessing the proposals. The policy aims 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 services to people living in, working in and visiting the City and contribute to its role as an entertainment centre of national and international importance. The policy states that permission will only be granted for proposals where the City Council is satisfied that the proposed development has no adverse effect (nor, taking into account the number and distribution of entertainment uses in the vicinity, any cumulatively adverse effect) upon residential amenity or local environmental quality as a result of noise, vibration, smells, increased late night activity or increased parking and traffic and no adverse impact on the character and function of the area. UDP Policy SS7 (D) states that change of use from a non-A1 use to A3 use in a Local Centre will not be permitted if the proposal would have a detrimental effect, on residential amenity, or harm the viability, character or environment of the centre. The proposed restaurant is located in close proximity to residential properties, with flats immediately above at 39 Elizabeth Street. Objectors state that customers and servicing would cause noise disturbance to nearby residential properties, particularly at night. The objectors also state that that there are already too many restaurants in the area.

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Supporters of the proposals state that Ebury Street has never been a quiet residential street and that the proposals would be in keeping with the area, would reduce anti-social behaviour and create employment opportunities. Whilst it is acknowledged that the proposed restaurant would be located in close proximity to a number of other A3 uses including: Ristorante Il Convivio (143 Ebury Street), Peggy Porschen (116 Ebury Street) and Tomtom Coffee House (114 Ebury Street), it is considered that the proposals would be in keeping with the commercial character of the Elizabeth Street Local Centre. An operator is yet to be secured, however the applicant states that target operators would be high quality and well established. The proposed hours of operation sought are 08:00 – 23:30 Monday to Saturday and 10:00 – 22:30 on Sundays and Bank Holidays. The maximum capacity of the restaurant would be 100 covers and the applicant estimates that 25 full and part time members of staff will be employed. It is recommended that the hours of operation and capacity of the restaurant are secured by condition. An Operational Management Plan has been submitted, which sets out measures to reduce disturbance to nearby residents, including: - Notices requesting that patrons leave quietly and staff will take active and courteous

steps to ensure that guests exit the premises in an orderly and quiet manner. - Visitors and staff will be encouraged (through staff briefings and notices to visitors) to

avoid smoking on adjoining residential streets and to dispose of cigarette butts in suitable receptacles.

- Management would engage regularly with local residents and business associations to discuss any issues and update them on any developments.

- The main entrance would be attended at all times by reception staff. A condition is recommended to ensure that the restaurant is operated in accordance with the Operational Management Plan. Objectors have also raised concerns that the restaurant use will increase traffic congestion, reduce the availability of parking spaces and that the proposed early servicing hours would cause disturbance.

The submitted Delivery and Servicing Statement states that servicing will occur from Elizabeth Street. The site is within a Controlled Parking Zone, and servicing vehicles will therefore be subject to those controls. Given that the existing unit is in commercial use (class A2), it is considered that the servicing requirements of the proposed restaurant use can be met on street, however, it is recommended that a detailed delivery and servicing management plan be secured by condition. In order to address concerns raised by residents, the applicant has agreed to amend the proposed servicing hours (from 06:00 - 07:30 hours) to between 08:00 – 09:30 and it is recommended that this be secured by condition. Objectors have also raised concerns that the kitchen extractor duct and cooling plant will cause noise and disturbance to residents. The applicant has submitted an acoustic assessment and the Council’s Environmental Health officer is satisfied that the proposed plant is likely to meet the Council's policies for noise and vibration. The proposed kitchen

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extract duct is full height to ensure adequate dispersal of cooking odours away from neighbouring windows. Acoustic measures are proposed to be incorporated internally within the restaurant to protect the residential flats above. Conditions are also recommended to ensure that no amplified sound from the restaurant will be audible outside or through the building fabric to the flats above. It is considered that subject to the recommended conditions, the proposed restaurant use (Class A3) would not result in unacceptable adverse effects on residential amenity and local environmental quality. Accordingly, the proposals are considered to be in accordance with Policies S6 and S24 of the City Plan and SS7 and TACE 9 of the UDP. Creation of Residential (Class C3) floorspace City Plan Policy S14 states that the council will work to achieve and exceed its borough housing target set out in the London Plan and that the number of residential units on development sites will be optimised. The proposal will result in three additional residential units on the site (four in total) which is welcomed in land use terms. The proposed residential units, which are all double aspect, are considered to be acceptable in terms of their size, layout and standard of accommodation. All of the flats exceed the space requirements set out in the London Plan, but are not considered excessively large (66 sqm–84sqm). A condition is recommended to ensure that the new units would achieve acceptable internal noise levels in relation to external noise sources. UDP Policy H5 seeks to ensure that an appropriate mix of unit sizes is achieved in all housing developments, requiring 33% of housing units in housing developments to be family sized. City Plan Policy S15 states that residential developments should provide an appropriate mix of units in terms of size, type and affordable housing provision in order to meet Westminster’s housing needs and to create mixed communities. Whilst none of the units would be family sized (3x2-bed and 1x1-bed), the applicant has argued that the mix of units has been dictated by the shape of the building. The constrained nature of the site also means that there is a lack of amenity space and on this basis the proposed unit mix of units is considered acceptable in this instance. The proposal does not trigger the requirement to provide affordable housing.

8.2 Townscape and Design The current proposals are assessed against the National Planning Policy Framework (NPPF July 2018), specifically chapter 16; policies S25 and S28 of the City Plan; and DES 1, DES 5 and DES 9 of the UDP. Para 197 of the NPPF states that ‘The effect of an application on the significance of a non-designated heritage asset should be taken into account in determining the application. In weighing applications that directly or indirectly affect non-designated

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heritage assets, a balanced judgement will be required having regard to the scale of any harm or loss and the significance of the heritage asset’. Furthermore, Para 201 of the NPPS states that ‘Loss of a building (or other element) which makes a positive contribution to the significance of the Conservation Area or World Heritage Site should be treated either as substantial harm under paragraph 195 or less than substantial harm under paragraph 196, as appropriate, taking into account the relative significance of the element affected and its contribution to the significance of the Conservation Area or World Heritage Site as a whole’. One characteristic of Belgravia is its assortment of unified historic terraces and Squares; however, Elizabeth Street does not conform to this arrangement and exhibits considerable architectural variety. Given the historic context of no. 35 has been largely lost and the building no longer forms part of a group of buildings, its loss is considered to cause less than substantial harm to the Conservation Area. The proposals include the wholesale demolition of 35 and 37 Elizabeth Street and a replacement building comprising, basement, ground and four upper storeys, occupying the full width of the site. As a result of its increased height and width, the replacement building is larger in scale than the existing, but is comparable in height to neighbouring buildings. Following officer advice, the top storey has been reconfigured as a traditional flat top mansard, which alleviates its scale, and overall the buildings form sits comfortably within its context. The proposed traditional architectural approach is considered appropriate, with notable comparisons to Ebury House/141 Ebury Street in terms of its brick facade and detailing. The rear is largely enclosed and obscured from views and a simplified design approach has been taken which is considered appropriate. It is recommended that details of the brick work and fenestration be reserved by condition. The new shopfront to no. 35 is considered to lack character and design quality and it is recommended that a revised design be secured through an amending condition. Proposals also include alterations to the ground floor frontage of 141 Ebury Street, lowering the stall risers but maintaining the multi pained glazing, which is characteristic of the building. The overall character of the building will therefore be maintained. In terms of Paragraph 196 of the NPPF, the proposals are considered to be at the lower end of less than substantial harm. In this instance the harm arising can be off set against the benefit of providing a well-designed replacement building which preserves the character and appearance of the conservation area, and the provision of new residential accommodation. Overall, subject to the recommended conditions, the works are considered to be acceptable in design and conservation area terms.

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8.3 Residential Amenity Policies S29 of the City Plan and ENV13 of the UDP seek to protect residential amenity in terms of light, privacy, sense of enclosure and encourage development which enhances the residential environment of surrounding properties. Objectors state that the enlarged five storey building at 35 Elizabeth Street would unacceptably reduce daylight and sunlight to surrounding buildings. The City Council generally has regard to the standards for daylight and sunlight as set out in the Building Research Establishment (BRE) ‘Site Layout Planning for Daylight and Sunlight’ (as revised 2011). The applicant has carried out the necessary tests using the methodology set out in the BRE guidelines. Daylight and sunlight tests have been carried out on the nearest, most affected residential properties at 29-33 Elizabeth Street, 39 Elizabeth Street (Ebury House), 143 Ebury Street and 145 Ebury Street. The recommendation in the BRE guide is that a window may be affected if the vertical sky component (VSC) measured at the centre of the window is less than 27% with reductions of over 20% of existing daylight (VSC) levels likely to be noticeable. In respect of sunlight, the BRE guide suggests that a dwelling will appear reasonably well sunlit provided that at least one main window wall faces within 90% of due south and it receives at least a quarter of annual probable sunlight hours (APSH), including 5% of APSH during the winter months. As with the tests for daylighting, the guidance recommends that any reduction below this level should be kept to a minimum; if a window will not receive the amount of sunlight suggested, and the available sunlight hours is less than 0.8 times their former value, either over the whole year or just in winter months, then the occupants of the existing building will notice the loss of sunlight. Out of the fourteen windows tested, two would experience a loss more than 20% VSC of their former value. The windows are located at first and second floor levels within 39 Elizabeth Street and serve bedrooms. The VSC of the bedroom window at first floor level would be reduced from 22.02% to 11.56% (47% reduction) and the second floor window from 26.25% to 18.57% (29% reduction). Whilst the percentage losses are high, bedrooms are not considered to be main habitable rooms and the retained level of VSC is still considered acceptable for an urban location. With regards to sunlight all rooms tested will meet the APSH criteria and there will be no loss of sunlight to any of the properties tested. The scale and massing of the proposed new building is therefore considered acceptable in amenity terms. No windows are proposed in the flank elevations of the proposed new building and it will not therefore result in any loss of privacy to 39 Elizabeth Street. A terrace and small balcony are proposed at rear first floor level to be used in connection with the existing first floor flat in 39 Elizabeth Street. Given their size and set back position within the lightwell, it is not considered that they will result in any loss of privacy or noise disturbance. A condition is recommended to ensure that the roofs of the new building are not used as terraces.

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Noise and disturbance associated with the proposed restaurant and plant are addressed in section 8.1 of this report. Subject to conditions, the proposals are considered to be in line with policies S29 and ENV13.

8.4 Transportation/Parking

No off-street car parking is proposed for the three additional residential units proposed. Policy TRANS 23 of the UDP details an 80% on-street car park occupancy threshold above which the provision of additional vehicles to the on-street parking environment will result in an unacceptable level of deficiency. The evidence of the Council’s most recent daytime parking survey in 2018 indicates that the parking occupancy of Resident’s Bays and Shared Use Bays within a 200m radius of the development site is 72.6%. This increases to 84.7% overnight, however, residents can also park free of charge on metered parking bays or single yellow lines in the area, which reduces pressure to 64.8%. The highways Planning manager is therefore satisfied that the increase in residential units will not unacceptably increase parking stress in the area.

Seven cycle parking spaces are proposed and it is recommended that these be secured by condition. A platform lift is proposed outside the restaurant unit on Ebury Street, associated with the servicing of the unit. A condition is recommended to ensure that the platform lift will remain at pavement level (stage 1 in sequence of operation) when not in use. Servicing of the proposed restaurant is considered in section 8.1 above.

8.5 Economic Considerations

No economic considerations are applicable for a development of this size.

8.6 Access Level access is proposed into the retail and restaurant units. A lift is proposed to provide access to the new residential accommodation.

8.7 Other UDP/Westminster Policy Considerations

Refuse /Recycling A waste and recycling storage area is proposed at basement level for the restaurant use. A condition is recommended to secure details of waste and recycling storage for the retail and residential accommodation. Sustainability

The applicant has provided an Energy and Sustainability Study. It is proposed to deliver a 21.6% improvement in carbon emissions based on the current Building Regulations (2013) through the installation of highly efficient gas boilers with potential flue gas heat recovery and energy efficient building fabric.

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A brown biodiverse roof system is proposed on the main roof of 35 Elizabeth Street and it is recommended that this be secured by condition.

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

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.

8.12 Planning Obligations

The estimated Mayor’s CIL payment is: £30,000 The estimated WCC CIL payment is: £175,000

8.13 Environmental Impact Assessment Not applicable.

8.14 Other Issues

Fire Escape Route Objectors have raised concern that it is proposed to have a fire escape route from the restaurant’s basement level, up the stairs and out the front door of 39 Elizabeth Street, increasing usage through a private residential building and impacting the security of the

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four residential buildings above. The applicant has confirmed that this is an existing fire route and will only be used in the case of fire and routine maintenance, however, this is a private matter with the owners of the building. Construction Impact Objectors have raised concerns about noise and disturbance associated with the building works. It is a requirement of the Town and Country Planning Act 1990 (as amended) and the NPPF that applications are determined in accordance with the development plan. Noise and disturbance during construction is an unwelcome consequence of allowing new development. In a densely developed urban environment, it must be accepted that such disturbance will inevitably occur as a result of building works.

The City Council cannot refuse permission to develop on the grounds that building work will be noisy and disruptive. As a local planning authority, we will impose a restriction on the working hours through condition and encourage contractors to be a member of the Considerate Constructors Scheme by way of an informative. A condition has been added restricting any building work which can be heard at the boundary of the site to 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. Piling, excavation and demolition work is restricted to between 08:00 and 18:00 Monday to Friday and will not be carried out on Saturdays, Sundays, bank holidays and public holidays.

(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: JULIA ASGHAR BY EMAIL AT jasghar@westminster.gov.uk.

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9. KEY DRAWINGS

Existing Elizabeth Street Front Elevation

Proposed Elizabeth Street Front Elevation

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Existing Rear Elevation

Proposed Rear Elevation

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Existing Rear/Side Elevation

Proposed Rear/Side Elevation

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Existing Section

Proposed Section

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Existing Ebury Street Elevation

Proposed Ebury Street Elevation

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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 and Second Floor Plan

Proposed First and Second Floor Plan

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Proposed Third and Fourth Floor Plan

Proposed Roof Plan

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DRAFT DECISION LETTER

Address: 35 Elizabeth Street, London, SW1W 9RP, Proposal: Demolition of existing buildings at 35 -37 Elizabeth Street and erection of a new five

storey building comprising retail (Class A1) at ground floor level and residential (Class C3) at first to fourth floor levels (3 x 2 bed, 1 x 1 bed). Creation of roof terrace with balcony to rear in connection with existing residential accommodation at 39 Elizabeth Street. Use of ground and basement of 141 Ebury Street and part ground floor of new building at 35 Elizabeth Street as restaurant (Class A3) and associated alterations including installation of full height extract duct, plant, new shopfront and platform lift.

Plan Nos: Site Location Plan; ELZ-MOX-X-B1-DR-A-2020-PL1; ELZ-MOX-X-00-DR-A-2021-PL1E; ELZ-MOX-X-01-DR-A-2022-PL1; ELZ-MOX-X-05-DR-A-2023-PL1; ELZMOX- X-ZZ-DR-A-3020-PL1; ELZ-MOX-X-ZZ-DR-A-3021-PL1; ELZ-MOX-X-ZZ-DRA- 4020-PL1; ELZ-M0X-X-ZZ-DR-A-4021-PL1; ELZ-MOX-X-ZZ-DR-A-4022-PL1; ELZ-MOX-X-ZZ-DR-A-4023-PL1; ELZ-MOX-X-ZZ-DR-A-4110-PL1; ELZ-MOX-XZZ- DR-A-4210-PL1; ELZ-MOX-X-ZZ-DR-A-4111-PL1; ELZ-MOX-X-ZZ-DR-A-4211- PL1; ELZ-MOX-X-ZZ-DR-A-4112-PL1; ELZ-MOX-X-ZZ-DR-A-4113-PL1; ELZ-MOXX- ZZ-DR-A-3110-PL2; ELZ-MOX-X-ZZ-DR-A-3111-PL1; ELZ-MOX-X-B1-DR-A- 2110-PL2; ELZ-MOX-X-00-DR-A-2111-PL1; ELZ-MOX-X-01-DR-A-2112-PL1; ELZMOX- X-02-DR-A2113-PL1; ELZ-MOX-X-02-DR-A-2413-PL1; ELZ-MOX-X-05-DR-A- 2114-PL1; ELZ-MOX-X-ZZ-DR-A-SK10-PL1; Operational Management Statement dated May 2018; Planning Compliance Report (Clarke Saunders Acoustics) dated 12 November 2019 M &E Services - Planning Report Rev. 4 and Energy and Sustainability Study dated May 2019. For Information: Delivery and Servicing Statement received 26 November 2019; Letter from Bruce Gillingham Pollard dated 4 March 2020; and Structural Report for Planning dated June 2019;Daylight Assessment 20172467 dated 5 November 2019. Case Officer: Ian Corrie Direct Tel. No. 07866038370

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 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

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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 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 this part of the Belgravia Conservation Area. This is as set out in

S25 and S28 of Westminster's City Plan (November 2016) and DES 1 and DES 5 or DES 6 or both and paras 10.108 to 10.128 of our Unitary Development Plan that we adopted in January

2007. (R26BE) 4 You must apply to us for approval of a sample panel of brickwork which shows the colour, texture, face bond and pointing including header details. 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 approved sample. (C27DB) Reason: To make sure that the appearance of the building is suitable and that it contributes to the character and appearance of this part of the Belgravia Conservation Area. This is as set out in

S25 and S28 of Westminster's City Plan (November 2016) and DES 1 and DES 5 or DES 6 or both and paras 10.108 to 10.128 of our Unitary Development Plan that we adopted in January

2007. (R26BE) 5 You must apply to us for approval of detailed drawings (section and elevations at scale 1:5) of the following parts of the development in relation to No. 35 Elizabeth Street: i. Front balcony ii. Dormer windows showing materials iii. New windows

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 details (C26DB) Reason: To make sure that the appearance of the building is suitable and that it contributes to the character and appearance of this part of the Belgravia Conservation Area. This is as set out in

S25 and S28 of Westminster's City Plan (November 2016) and DES 1 and DES 5 or DES 6 or

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both and paras 10.108 to 10.128 of our Unitary Development Plan that we adopted in January

2007. (R26BE) 6 You must apply to us for approval of detailed drawings of the following parts of the development to no. 141 Ebury Street:

i. New shopfront/ glazing (elevations and sections scale 1:5)

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 details (C26DB) Reason: To make sure that the appearance of the building is suitable and that it contributes to the character and appearance of this part of the Belgravia Conservation Area. This is as set out in

S25 and S28 of Westminster's City Plan (November 2016) and DES 1 and DES 5 or DES 6 or both and paras 10.108 to 10.128 of our Unitary Development Plan that we adopted in January

2007. (R26BE) 7 You must apply to us for approval of detailed drawings showing the following alteration(s) to the scheme: The shopfront to no. 35 Elizabeth Street to exhibit traditional shopfront components

and details. You must not start on these parts of the work until we have approved what you

have sent us. You must then carry out the work according to the approved drawings. (C26UB) Reason: To make sure that the appearance of the building is suitable and that it contributes to the character and appearance of this part of the Belgravia Conservation Area. This is as set out in

S25 and S28 of Westminster's City Plan (November 2016) and DES 1 and DES 5 or DES 6 or both and paras 10.108 to 10.128 of our Unitary Development Plan that we adopted in January

2007. (R26BE) 8 You must carry out the restaurant (Class A3) use in accordance with the approved Operational Management Statement dated May 2018 at all times, unless a revised Operational Management Statement 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 9 of our Unitary

Development Plan that we adopted in January 2007. (R12AC) 9 Customers shall not be permitted within the restaurant (Class A3) premises before 08:00 hours or after 23:30 hours Monday to Saturday; and before 10:00 hours or after 22:30 hours on

Sundays and Bank Holidays. Reason: To protect the environment of people in neighbouring properties as set out in S24, S29 and S32

of Westminster's City Plan (November 2016) and ENV 6, ENV 7 and TACE 9 of our Unitary

Development Plan that we adopted in January 2007. (R12AC)

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10 You must not allow more than 100 customers into the restaurant (Class A3) at any one time.(C05HA) 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 9 of our Unitary

Development Plan that we adopted in January 2007. (R12AC) 11 Prior to occupation of the restaurant use (Class A3) hereby permitted, a Delivery and Servicing Management Plan shall be submitted for approval by the City Council. The approved Delivery and Servicing Management Plan must thereafter by 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 9 of our Unitary

Development Plan that we adopted in January 2007. (R12AC) 12 All servicing for the restaurant use must only take place between 0800 - 0930 daily. Servicing includes loading and unloading goods from vehicles. 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) 13 Prior to occupation of the restaurant use (Class A3), you must provide the waste store shown

on drawing ELZ-MOX-X-B-DR-A-2110-PL2 before anyone moves into the property. 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) 14 You must apply to us for approval of details of how waste is going to be stored on the site and how materials for recycling will be stored separately for the retail and residential uses in 35

Elizabeth Street. 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 stores for waste and materials for recycling according to these details, clearly mark the stores and make them available at all times to everyone using the building. (C14EC) 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)

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15 (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 nonemergency 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)

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16 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) 17 (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 restaurant 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 restaurant 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 adopted in

January 2007 (UDP), so that the noise environment of people in noise sensitive properties is

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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) 18 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 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) 19 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. 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)

20 The discharge point of kitchen cooking fumes from the restaurant use (Class A3) must be: i. at least at the height of the lift over-run; ii. at sufficient discharge velocity (at least 8m/s) to limit the potential entrainment of exhaust air. Unless revised ventilation details are submitted for approval by the City Council.

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) 21 No amplified sound from the restaurant (Class A3) hereby permitted shall be audible from outside the premises. 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 9 of our Unitary

Development Plan that we adopted in January 2007. (R12AC) 22 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:

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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) 23 You must not use the roofs of the building at 35 Elizabeth Street hereby approved for sitting out or for any other purpose. You can however use the roofs to escape in an emergency. (C21AA) 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) 24 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) 25 The platform lift shown on drawing no. ELZ-MOX-X-ZZ-DR-A-4010-PL1 shall remain at pavement level (stage 1 in sequence of operation) when not in use. 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) 26 You must provide, maintain and retain the following bio-diversity features before you start to use any part of the development, as set out in your application. Brown Roof System as specified in the Energy and Sustainability Study dated May 2019. You must not remove any of these features. (C43FA) 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 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

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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, siteenquiries@ccscheme.org.uk 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 Under the Clean Air Act 1993 the whole of the City of Westminster is an Air Quality Management Area (AQMA). In an AQMA, if solid fuel is used (e.g. wood, charcoal etc) emitting

smoke via a fixed chimney in commercial premises, e.g. in kitchens, then only 'Authorised Fuels' and/or 'Exempt Appliances' are permitted. Further information can be found at the following government website: https://www.gov.uk/smoke-control-area-rules