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CITY OF WESTMINSTER

PLANNING APPLICATIONS SUB COMMITTEE

Date

19 November 2019

Classification

For General Release

Report of

Director of Place Shaping and Town Planning

Ward(s) involved

Knightsbridge And Belgravia

Subject of Report 6 Grosvenor Gardens, London, SW1W 0DH

Proposal Temporary use of building as Moroccan Embassy (sui generis) for a period of 3 years.

Agent Montpelier Solicitors

On behalf of The Embassy of the Kingdom of Morocco

Registered Number 19/04040/FULL Date amended/ completed

5 September 2019 Date Application

Received 27 May 2019

Historic Building Grade

Conservation Area Grosvenor Gardens

1. RECOMMENDATION

1. Grant Conditional Permission.

2. SUMMARY

The application site comprises 6 Grosvenor Gardens which is a Grade II listed building within the Grosvenor Gardens Conservation Area and Core Central Activities Zone. The building is set over lower ground, ground and four upper stories and backs onto properties on Eaton Row. The application property is currently in residential use as a single family dwelling. The proposals are for the use of the building as an embassy (sui generis) for the Kingdom of Morocco for a temporary period of 3 years. This is whilst the current Moroccan Embassy building in Queens Gate Gardens is refurbished. No internal or external alterations to the building are proposed. The key issues for consideration are: *The acceptability of the change of use in land us terms; and *The impact of the proposals on neighbouring residential amenity. The proposal does not fully comply with Policy S14 (Optimising Housing Delivery) or COM 7 [Provision for Diplomatic and Allied Uses] as the proposal will result in the loss of housing. However, this will only be for a temporary period of three years and as such it is considered that exceptional circumstances apply. In all other respects the proposal is considered to comply with relevant policies set out in our City Plan and Unitary Development Plan.

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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

The application site at 6 Grosvenor Gardens

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CONSULTATIONS

FOREIGN AND COMMONWEALTH OFFICE:

• Any response to be reported verbally. METROPOLITAIN POLICE (PHYSICAL SECURITY UNIT):

• A security survey of the property has been carried out and recommendations made to improve security relating to achievable, reasonable and cost effective measures. This usually takes the form of recommending additional locks on doors and windows to enhance strength and security. Advice was also given regarding CCTV, alarms and access control.

• No overwhelming concerns raised about the security of the building.

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. WASTE PROJECT OFFICER:

• The drawings submitted are not in line with the council recycling and waste storage requirements. This matter could be addressed by condition.

HIGHWAYS PLANNING MANAGER:

• It is likely that the Embassy would require more servicing than the existing use, but with the building being listed and in a similar use in the past, servicing would have to take place on-street. The amount of servicing required could not justify a refusal.

• If the applicant intends to provide on-street car parking spaces, this will be dealt with outside the planning regime and taken up separately with the Council’s Parking Team who operate a Diplomats Parking Scheme, for which they have their own criteria.

• A condition is recommended to secure staff cycle parking ADJOINING OWNERS/OCCUPIERS AND OTHER REPRESENTATIONS RECEIVED No. Consulted: 21 Total No. of replies: 2 objections raising some or all of the following objections: LAND USE:

• The proposals would result in the loss of a residential unit and the introduction of a more intensive use of the building contrary to the Council’s policies .

AMENITY:

• The use (without proper consideration of enforceable conditions) will damage the quiet nature of the residential environment at the rear of the property. Conditions

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should be imposed to prevent external terraces being used by staff, hours of use and the location of plant/telecom equipment.

• Use of the terrace at the rear would cause disturbance and be extremely detrimental to the residential environment.

HIGHWAYS:

• The proposed use will create more vehicle and delivery movement

DESIGN AND CONSERVATION:

• The applications display no understanding of the historic and architectural significance of the building and objectors have little confidence that the building will be sympathetically occupied without further alterations being carried out.

• Poor quality external alterations have already been carried out without permission.

• The applications are deficient in detail and accuracy, a full assessment by a qualified architectural historian working with an architect is required to assess how the building can be used.

OTHER

• The applicant has not consulted neighbours about the proposals.

PRESS ADVERTISEMENT / SITE NOTICE: Yes

4. BACKGROUND INFORMATION

4.1 The Application Site

The application site comprises 6 Grosvenor Gardens which is a Grade II listed building within the Grosvenor Gardens Conservation Area and Core Central Activities Zone. The building is set over lower ground, ground and four upper stories and backs onto properties on Eaton Row. The site measures 997 sqm (GIA) The lawful use of the building is as a single family dwelling house (Class C3) and it is understood that the building has been vacant for a number of years.

4.2 Recent Relevant History Temporary use of building as Moroccan Embassy (Sui Generis) for a period of 3 years. (RN:19/05596/LBC). Application Withdrawn In April 1999, planning permission and listed building consent were granted for internal alteration to partitions & infill of lightwell (5th Floor). Extension of lift housing and alteration to roof in connection with new roof terrace (98/08779/FULL and 98/08780/LBC). In September 1997, planning permission and listed building consent were granted for internal and external alterations, basement and ground rear extensions & change of use from offices into single dwelling house (97/04860/FULL and 97/05705/LBC).

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5. THE PROPOSAL

Permission is sought for the use of the application site as an embassy (sui generis) for the Kingdom of Morocco for a temporary period of 3 years. This is whilst the current Moroccan Embassy building in Queens Gate Gardens is refurbished. No internal or external alterations to the building are proposed.

6. DETAILED CONSIDERATIONS

6.1 Land Use

City Plan Policy S14 (Optimising Housing Delivery) states that the council will work to achieve and exceed its borough housing target set out in the London Plan and that all residential uses, floorspace and land will be protected. Policy COM 7 of the UDP relates to Provision for Diplomatic and Allied Uses. The policy states that proposals for such uses will only be granted planning permission where: 1. The site is located within the Central Activities Zone or the Portland Place Special

Policy Area 2. There is no loss of residential accommodation or no adverse impact on residential

amenity 3. There is no displacement of institutional uses in the Portland Place Special Policy

Area. 4. There is no displacement of local services or other local uses which characterise

the immediate area. 5. A positive approach is taken towards the use and restoration of an important or

listed building. The Policy Application for COM 7 states that the policy will be applied ‘to encourage diplomatic and allied uses to locate in the Central Activities Zone or the Portland Place Special Policy Area’. It goes on to state that ‘Diplomatic and allied uses are an activity particularly associated with parts of Westminster, principally Mayfair, Belgravia and Portland Place’ and that ‘The City Council believes that diplomatic and allied uses should be encouraged to locate in those areas and properties best suited to their special needs. Any impact upon local residential amenity should be minimised.’ Given that the application site is located within the Core CAZ, and within Belgravia, it is considered an appropriate location for a Diplomatic use. In taking this view it is recognised that the proposed embassy use requires a location close to the offices of Government and to other diplomatic establishments. There is a presumption in the City Plan and UDP to protect existing residential use. This is set out above in S14 and COM 7. The loss of residential use is regretted in policy terms. However, it is considered that the use of the building for diplomatic purpose is an exceptional circumstance and it will only be for a temporary period of three years after which the building will revert back to residential use. It is recognised that diplomatic uses can have negative impacts in terms of highways, security and amenity. The applicant states that the Embassy will accommodate

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representatives of the Moroccan state and its government and that all administrative matters concerning Moroccan nationals, including the issuing of Visas, will continue to be dealt with by the Consulate located at 90 Diamond House. Visits to the premises will be appointment only. The proposed hours of operation are between 09:00 hours and 17:00 hours Monday to Friday and not at all on Saturdays, Sundays and Bank Holidays. The hours of operation are considered to be acceptable and will be secured by condition. This part of Grosvenor Gardens is commercial in character and it is not considered that the operations of the embassy use will cause harm to neighbouring properties. Eaton Row is located immediately to the rear of the proposed embassy use and is strongly residential in character. The occupiers of two properties in Eaton Row that back onto the site have raised concerns about the impact on residential amenity given the proximity of the application site to their homes. These concerns are noted however it is not considered that the embassy use, which will have a similar character to a B1 office use, will cause harm to neighbours through noise or disturbance. The external activities associated with the embassy use will take place from Grosvenor Gardens to the front. The concerns of residents about the use of the terrace are material however as it could lead to noise and disturbance and overlooking for residents. For this reason, a condition is recommended to prevent this area and the roof of the property being used for sitting out or any other purpose.

6.2 Townscape and Design The applicant is not proposing to make any changes to the building either internally or externally. For this reason, listed building consent is not required and the listed building application that was submitted originally has been withdrawn. Objectors have raised concern that the application displays no understanding of the historic and architectural significance of the building and doubt that the building can be sympathetically occupied without further alterations. These concerns are noted but this is not a reason in itself to refuse permission for the change of use. The Metropolitan Police (Physical Security Unit) have confirmed that they have no major concerns about the security of the building and the security recommendations they have made to the applicant would require minimal intervention to the building. An informative has been attached to remind the applicant that any alterations to the building could potentially require listed building consent and planning permission and they should seek advice from a historic building’s expert.

6.3 Residential Amenity (Daylight and Sunlight)

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. No alterations are proposed to the building. The proposals would not result in a loss of light, increased overshadowing or increased sense of enclosure over the existing arrangement.

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6.4 Transportation/Parking The site is within a Controlled Parking Zone and has a good level of public transport accessibility. It is therefore considered that the proposals are unlikely to have a significant impact on on-street car parking in the area. The embassy use would be entitled to four diplomatic spaces. If permission is granted for the embassy use then the applicant will need to contact the Foreign and Commonwealth Office first of all. An informative will be added in this regard. Given that the use sought is for a temporary period of three years a condition to ensure that cycle parking is provided is not considered necessary. The embassy will require more servicing than the existing residential use, however, it is unlikely that the proposals would generate a level of servicing which will have a significant adverse impact on the surrounding public highway. The proposals are therefore considered to be acceptable in highways terms and have raised no objection from the Highways Planning Manager.

6.5 Economic Considerations

No economic considerations are applicable for a development of this size

6.6 Access

Access to the building will remain from Grosvenor Gardens. A removable access ramp will be provided.

6.7 Other UDP/Westminster Policy Considerations No mechanical plant is proposed and, if required, would be subject to a separate application. A condition has been attached to ensure that the applicant must submit details of how waste is going to be stored on the site and how materials for recycling will be stored separately.

6.8 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. In the case of a draft local plan that has been published and subject to 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.

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6.9 Neighbourhood Plans Not applicable.

6.10 London Plan

This application raises no strategic issues.

6.11 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.

6.12 Planning Obligations

Planning obligations are not relevant in the determination of this application.

6.13 Environmental Impact Assessment

Not applicable.

6.14 Other Issues

Objectors have also raised concern that unsympathetic poor quality external alterations have already been carried out without permission. The works specifically referred to include the erection of a timber fence to the rear of the property at first floor level and a fan coil unit in ground floor light well. The applicant has provided photographic evidence that the fence and an air conditioning unit have been removed. Notwithstanding this the matter has been reported to the Council’s Planning Enforcement Team for further investigation. An objector raised a concern that the applicant did not consult neighbours. This is something the council encourages and it is disappointing that informal consultation with neighbouring properties did not take place prior to submission. However, for this type of application it is not something that the Council can insist upon.

(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 mmason@westminster.gov.uk

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7. KEY DRAWINGS

Proposed Floor Plans- Basement to Upper First Floor

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Proposed Floor Plans – Second to Fifth Floor

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Proposed Floor Plans -Sixth Floor

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DRAFT DECISION LETTER

Address: 6 Grosvenor Gardens, London, SW1W 0DH Proposal: Temporary use of building as Moroccan Embassy (Sui Generis) for a period of 3

years. Reference: 19/04040/FULL Plan Nos: Site Location Plan; SE1300_04; SE1300_05; SE1300_06.

Case Officer: Ian Corrie Direct Tel. No. 020 7641 1448

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

Members of the public shall not be permitted within the Embassy before 09:00 hours or after 17:00 hours Monday to Friday and not at all Saturday to Sunday and on 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 COM 7 of our Unitary Development Plan that we adopted in January 2007. (R12AC)

3

You must not use the flat roof to the rear at first floor level or the roof of the property for sitting out or for any other purpose. You can however use the roof to escape in an emergency. (C21BA)

Reason:

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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)

4 The Embassy use (Sui Generis) allowed by this permission can continue for three years from

the date of this decision. After that the land must return to its previous use. (C03AA)

Reason: We cannot grant planning permission for a permanent Embassy use (Sui Generis) because it would result in the permanent loss of residential accommodation and would not meet S14 in Westminster's City Plan that we adopted in November 2016 and Policy COM 7 in the 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.

2

You are reminded that any alterations to the building could require listed building consent and planning permission. If you are minded to apply for alterations in future, you should seek advice from a historic building’s expert before doing so.

3 You are advised to contact the Foreign and Commonwealth Office with regard to the requirement for diplomatic parking.

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.