LICENSING SUB COMMITTEE Premier Inn Gypsy Corner, Horn Lane, Acton W3 6TQ (East Acton Ward) SUPPLEMENTARY AGENDA

Transcription

1 aling Council Town Hall New Broadway London W5 2BY emocratic Services Officer: Cameron MacLean tel: fax: LICNSING SUB COMMITT remier Inn Gypsy Corner, Horn Lane, Acton W3 6TQ (ast Acton Ward) ate: Wednesday, 4 th February 2015 Time: 2.30pm Venue: Committee Room 2 MMBRSHI: Councillors Shital Manro, Lauren Wall and Nigel Sumner SULMNTARY AGNA 1. Additional ocuments (attached) 1. Cover Report 2. mail and attached correspondence from Mr. J. Knotley 3. Ground Floor lan MARTIN SMITH CHIF CUTIV 30 th January 2015 NOT: In the event of an emergency your attention is drawn to the evacuation instructions displayed on the wall by the entrance to the Committee Room. First aid advice will also be found here. lease note that the filming or recording of proceedings is not permitted unless prior approval has been obtained in accordance with the Council s filming protocol. age 1 of 9

2 Report for: ACTION Item Number: Contains rivate and Confidential Information Title Responsible Officer(s) Author(s) ortfolio(s) For Consideration By NO Supplementary Report remier Inn Acton (roposed) ark View at its Junction with Western Avenue (A40) Acton W3 Application for a new premises licence Susan arsonage, irector of Safer Communities. Mark Wiltshire, Head of Regulatory Services WiltshireMa@ealing.gov.uk Safer Communities Licensing Sub-Committee ate to be Considered Wednesday 4 th February 2015 Affected Wards Area Committees Keywords/Index ast Acton N/A New, remises Licence, ast Acton Supplementary Report 1. mail and attached correspondence from Mr. J. Knotley ages Ground Floor lan age 9 age 2 of 9

3 From: To: Cc: Jonathan Notley Cameron MacLean; Lauren Wall; Nigel Sumner; Shital Manro; aling olice Licensing Team; Graham dwards; Lee Winter; Legallanning; Les Smith; Lorraine Abbott; at Gilmore; aul Richards; eter Clark; Ranjan armar; Rita ankhania; Susanna Sinclair; R: aling Council Licensing Sub Committee Meeting - remier Inn Acton, Gypsy Corner, Horn Lane, Acton W3 6TQ Subject: ate: 27 January :31:56 Attachments: roxyattendeeforjonathannotleylicensing4feb15.f ear Mr MacLean/Ms ankhania/aling olice, Thank you for your . The meeting time error has caused some confusion. 12 local residents/groups have made representations and we are struggling to find people to represent us at the meeting which falls on a working day afternoon, and the time error doesn't help. I have requested an adjournment to another date or an evening, but this has fallen on deaf ears. Wayne Irving will do his best to attend the meeting on my behalf on Wednesday 4th Feb and the proxy attendance form is attached. Another error appears to be the omission of a key document from the pack. It is mentioned on page 11 and is rawing no. 3449/L/01 Rev A "detailed licensing drawing". It is crucial in that it is declared as showing the "external areas" where alcohol will be served. lease can you ask the police for a response. I would like their view on the cumulative impact coming from this hotel/bar serving alcohol into the night, the proposed 24 hour Mconalds (2 mins walk away) and the proposed all-night strip club serving alcohol at nearby ark Royal tube. The aling Gazette advertisement mentions the serving of alcohol 24 hours a day to hotel guests, yet the online application makes no mention of it! Which is correct? If for any reason this application is accepted, please can you provide details of the appeals procedure. lease ensure this is filed with the meeting papers. Kind regards- Jonathan Notley 39 ark View, London W3 0U (2 mins walk from and in same street as proposed hotel/bar) From: MacLeanC@ealing.gov.uk To: WallL@ealing.gov.uk; sumnern@ealing.gov.uk; ManroS@ealing.gov.uk CC: licensing-ealingpolice@met.pnn.police.uk; graham.edwards2@met.pnn.police.uk; Winterle@ealing.gov.uk; Legallanning@ealing.gov.uk; LS..Smith@met.pnn.police.uk; abbottl@ealing.gov.uk; gilmorep@ealing.gov.uk; Richards@ealing.gov.uk; clarkp@ealing.gov.uk; parmarr@ealing.gov.uk; pankhanr@ealing.gov.uk; SinclaiS@ealing.gov.uk Subject: aling Council Licensing Sub Committee Meeting - remier Inn Acton, Gypsy Corner, Horn Lane, Acton W3 6TQ ate: Tue, 27 Jan :18: ear Sir / Madam, It has come to my attention that there is an error on the agenda for the Licensing Sub Committee Meeting scheduled for Wednesday, 4 th February 2015 (remier Inn Acton). The start time for the meeting is given as 10.30am. This should, in fact, be 2.30pm. I have attached an amended agenda with the correct time, which can also be found on the Council website at: A supplementary agenda, with additional papers and with the correct start time, will be issued later this week. I apologise for any confusion that this error might have caused. Yours sincerely, Cameron MacLean emocratic Services Officer aling Council 5th Floor erceval House 14/16 Uxbridge Road aling W5 2HL age 3 of 9

4 Tel Fax Current agendas and reports can be found at age 4 of 9

5 The Current Owners of the sold off parts of "Friar's lace Farm state" c/o Jonathan Notley, 39 ark View, Acton London W3 0U Mr Chris Marsden Aggmore, 1 Berkeley Street London W1J 8J 13th ecember 2014 (By Recorded elivery) The roperty Asset Register Manager, Martin Teodorczyk Transport for London roperty Team, Windsor House, Victoria Street, London SW1 0TC. ear Mr Marsden/Mr Teodorczyk, roposed evelopment at Gypsy Corner of "LAN JUNCTION OF HORN LAN/ WSTRN AVNU (A40) OOSIT 328 HORN LAN, ACTON W3 6TH" Re: 367, 369 AN 371 HORN LAN, ACTON LONON W3 0BY - TITL M41412 We are writing to you in relation to Aggmore's application for planning permission dated 23rd September 2014, notice of which was recently received from aling Council under application reference /2014/4968. This letter to you is entirely separate to any planning issues that we have in relation to the application, which we will be communicating directly to the Council in the prescribed manner. The proposed development is for the erection of a seven-storey 102-bedroom hotel (class C1) and two residential blocks (four to seven storeys in height) comprising 72 one, two, and three-bedroom units with associated access from ark View, basement car parking, coach parking, servicing, landscaping and a green corridor to Western Avenue and Horn Lane. Transport for London is currently the registered owner of the land at 367, 369 and 371 Horn Lane, London W3 0BY, being HM Land Registry Title No. M You have made it known that Aggmore has exchanged contracts with Transport for London for the land in this title, subject to planning permission being obtained for the proposed development. Whilst there are many planning objections to your application, we are writing to you regarding certain Restrictive Covenants burdening the land registered under Title No. M We would refer you to page 1 of the Register:- A Conveyance of the land tinted yellow on the title plan dated 13 January 1930 made between (1) Francis Cave Snell (Vendor) and (2) Francis William Ferris and Walter George Ferris (urchasers) contains covenants details of which are set out in the schedule of restrictive covenants hereto. The Register of Title states that the yellow tinted land was comprised in a Conveyance dated 13th January 1930 from Francis Cave Snell - who acquired an estate of this and other land by a Conveyance dated 21st June The Land Registry has supplied a copy of an examined Abstract of Title (see Appendix) which includes the 1922 Conveyance plan. The 13th January 1930 Conveyance to Francis William Ferris and Walter George Ferris imposed the first covenant regarding the First Schedule general stipulations and restrictions expressly "For the benefit of the Vendors estate at Acton, then in Middlesex - in the First Schedule called "Friar's lace Farm state". That Schedule defines "the Owner" so that any age 5 of 9-1-

6 approvals under that Schedule were to be obtained from the surveyor of the owner of the unsold parts of the estate but that is not relevant to the express annexation of benefit. A further clause (not actually part of paragraph 9 of the First Schedule) imposed a second covenant regarding the Third Schedule special stipulations applying to the unhatched land (which Note 2 confirms affects the land in the Title). This was expressly "For the benefit of the Vendors said estate". Therefore, there was express annexation of benefit to such of the Vendor's Friar's lace Farm state as was retained by him on 13th January 1930 and hence to parts sold off by him later. etail of the second covenant is found on pages 4 and 5 of the Register:- "FOR the benefit of the Vendors said estate and so as to bind the land unhatched on the said plan the purchasers hereby covenant with the Vendor that the urchasers and the persons deriving title under them will observe and perform the Special Stipulations contained in the Third Schedule hereto in relation to the land unhatched on the said plan. TH THIR SCHUL Special Stipulations and Restrictions in relation to the land unhatched on the said lan. No building shall be erected on the land unhatched on the said plan except:- (a) etached private dwellinghouses or bungalows semi-detached private dwellinghouses or private dwellinghouses in blocks not exceeding six houses per block and of the respective minimum cost following namely detached houses or bungalows 700 semi-detached houses 650 per house houses in blocks 600 per house or (b) Shops with or without offices flats or dwelling accommodation over a minimum cost per shop of 700 or (c) Blocks of residential flats; or (d) Factories of approved design if permitted by the Town lanning Authority. NOT 2: The land in this title forms part of the unhatched land referred to in Clause 9 above." You will note that a hotel is not one of the buildings that may be erected on the land marked in yellow on the title. The covenant "with the Vendor" would also be deemed by section 78 of the Law of roperty Act 1925 to be made with the Vendor's successors in title and so on, owners and occupiers from time to time of the land intended to have benefit. We are the present owners of parts of the retained land sold off by Francis Cave Snell after 13th January 1930, as evidenced by recently downloaded copies of the Registers of Title (see Appendix). The 1922 conveyance plan (see Appendix) refers to the then roposed Road which is now Allan Way, and the other then roposed Roads which are now Court Way and ark View. The eastern end of Cloister Road was not then proposed, but falls within the boundary of said conveyance plan. The proposed development of a huge seven storey hotel, which would be located on the burdened land, would constitute an incongruous and overly dominant form of development age 6 of 9-2-

7 compared to the two storey dwellinghouses nearby on the state. The proposed development would diminish the pleasurable enjoyment and visual amenity as well as property values of adjoining houses on the state near to the burdened land. The proposed access road, part of which would be built on the burdened land, would provide access and egress to a car-parking area for 50 vehicles, and drop-off bays for cars and coaches, positioned at the bottom of gardens of houses in ark View and Cloister Road, resulting in annoyance and disturbance to the occupiers of those properties. The proposed hotel access road allows traffic, including taxis, HGVs and coaches to enter and exit via ark View causing disturbance to residents of ark View and the surrounding neighbouring residential streets on a 24 hour a day, 7 day a week basis. The proposed hotel bar and restaurant, which is located on the burdened land, is subject to an application for a licence to serve alcohol from the hours of 6am to beyond midnight 7 days a week. The entering and exiting of patrons of this bar and restaurant is likely to cause a disturbance to the residents of ark View and the neighbouring residential streets, and to increase the likelihood of anti-social behaviour occurring. Under the Covenants, use of the land for a hotel and/or bar/restaurant, is not permitted on the yellow tinted land under the Restrictions mentioned above. The Restrictive Covenants registered at HM Land Registry are binding upon the owner of the burdened land at 367, 369 and 371 Horn Lane, Acton W3 0BY, Title No. M ven if Aggmore or another developer was to obtain planning permission, these Restrictive Covenants would remain fully in force and actionable. Accordingly, in view of the Restrictions, we would seek your assurance that notwithstanding any planning permission that you may obtain either from the Local lanning Authority or The lanning Inspectorate (on appeal), you will not carry out or permit to be carried out any of the proposed development on the yellow tinted land on Title No. M41412, which would be in breach of any of the Restrictive Covenants mentioned in the said 13th January 1930 Conveyance. lease ensure that this letter is brought to the attention of any intended urchasers of the land in question and to your Insurers. Copies of this letter and Appendix containing Abstract of Title mentioned above (including 1922 Conveyance lan) and copies of Registers of Title mentioned above to: - Roger Birtles, Simply lanning, 25 Manchester Square, London W1U 3Y - erek Griffin, Whitbread remier Inn, Head of Acquisitions for London - Jonathan Langdon, Whitbread remier Inn, Acquisitions Manager Yours sincerely, Name Address age 7 of 9-3-

8 From: To: Cc: Subject: Jonathan Notley Rita ankhania; Licensing; Cameron MacLean Licensing Application- Restrictive Covenants- Gypsy Corner Hotel ate: 24 January :39:57 Attachments: LetterToAggmoreTFL13thecember2014.doc ear Rita ankhania, I write again regarding your letter dated 20th January (your ref. WK/ ) regarding a licensing application lodged by remier Inn for a hotel and bar/restaurant serving alcohol at Gypsy Corner (top of ark View), London W3. I wish to provide further detail relating to the points I have already raised in my objection letter of 14th ecember, namely regarding revention of ublic Nuisance and revention of Crime and isorder. The land on which the proposed hotel stands is subject to restrictive covenants which prohibit the erection of a hotel and/or a bar/restaurant on the land. The original owner of the land wished to protect future residents from public nuisance and crime and disorder, that the erection of such a building would cause. lease see attached my warning letter of 13th ecember to the developer, hotelier and current landowner. lease ensure this and letter is included in the meeting pack. Kind regards- Jonathan Notley. 39 ark View, London W3 0U. age 8 of 9

9 This drawing is the copyright of Axiom Architects. It is for planning application purposes only & may not be reproduced in whole or in part without permission. rawings lodged for planning approval may be reproduced by the lanning Authority in accordance with the 'Copyright (Material Open to ublic Inspection) (Marking of Copies of lans and rawings) Order 1990 and must carry the relevant copyright restriction note. o not scale from drawings. F. sdf B IT F.. V IT Buffet Kitchen V G FB V ry Store Chiller Freezer Restaurant 60 covers W IT V Beer Store Bar Servery V Wash Up Y Staff WC B IT V Staff WC & Shower W IT V Team Room F FS IT Linen Room Lobby Reception IT Waiting Area Lift & Stair Core IT V IT W UA WC Luggage WC Lobby V Y Female WC V Office Male WC xtent of terrace over covered service area Hotel and resid car park be Ramp 1:20 Terrace Vehicle access F KY 56 FIR ALARM ANL 55 ON HOUR FIR OOR edestrian access Ramp 1:10 FS FIRMAN'S SWITCH V AUTOMATIC FIR OOR K CLAR SIGN, THS OORS HAV LCTROMAGNTIC HOL ON VICS LINK TO TH FIR ALARM FB FIR ALARM CALL OINT WITH FIR ROCURS NOTIC OVR FIR BLANKT FIR RISR UCT Y V FIR OOR K SHUT SIGN FIR OOR K LOCK SIGN VISION ANL Ramp 1:20 ark View IT G MRGNCY LIGHT USH BUTTON TO IT GAS SHUT OFF BUTTON TCTOR & SOUNR ILLUMINAT IT SIGN NON-ILLUMINAT FIR SCA IRCTIONAL SIGN HALF HOUR FIR OOR B F W wc HR USH BAR TO ON FOAM TINGUISHR OWR TINGUISHR CARBON IOI TINGUISHR WATR TINGUISHR WT CHMICAL TINGUISHR H RFUG rivate garden A arking amended rt Rev ate escription By Brooklands Yard Southover High Street Lewes ast Sussex BN7 1HU Tel Client WHITBRA GROU LC roject RMIR INN NORTH ACTON WSTRN AVNU A I O M A R C H I T C T S NOT : 79 TH FIR FIGHTING QUIMNT SHOWN ON TH LANS IS INICATIV ONLY AS AT TH TIM OF TH LAN. THR MAY B MINOR MOIFICATIONS TO SUCH QUIMNT OR IT MAY B MOV FROM TIM TO TIM WITH TH AGRMNT OR AT TH IRCTION OF TH FIR SAFTY OFFICR. THIS SHALL NOT RQUIR TH LANS TO B AMN. LICNSABL ACTIVITIS MAY B CARRI OUT IN TH UBLIC ARAS OF TH RMISS. ALL STS AN STAIRCASS COMLY WITH TH RLVANT BUILING RGULATIONS RQUIRMNTS IN FORC AT TH TIM THY WR INSTALL. age 9 of 9 rawing GROUN FLOOR LICNSING LAN Scale Status ate rawn Checked A3 LICNSING 03/10/14 LB rt rawing No. 3449/L/01 Revision A 7