Gavin Mitchell Covent Garden London 2nd Floor, Carriage Hall 29 Floral Street London WC2E 9DP Rosemarie MacQueen Strategic Director, Built Environment Please reply to: Rachael Ferry-Jones Direct Line / Voicemail: 020 7641 2418 Fax: 020 7641 3050 Email: rferry-jones@westminster.gov.uk Xx June 2013 Dear Mr Mitchell, APPLICATION FOR A PUBLIC REALM CREDIT PURSUANT TO PUBLIC REALM IMPROVEMENT WORKS AT COVENT GARDEN PIAZZA, LONDON WC2 (Ref: 13/001/PRC) The Council has considered your application for a public realm credit and hereby agrees that the works carried out by Covent Garden London on the Covent Garden Piazza highway at the cost of £234,006 are eligible for a public realm credit in accordance with the provisions of the Supplementary Planning Document on Public Realm Credits (May 2011). This agreement is subject to the attached conditions and informative and you are reminded that the public realm credit will only be issued on receipt by the Council of the second part of the relevant application fee. The relevant conditions and informative that are attached to this agreement are included on the following page. Some of the conditions are relevant to the grant of the public realm credit whilst others are associated with the use of the credit. The Council’s decision (made by the Cabinet Member for the Built Environment) has been based on the information contained in your application and in the Cabinet Member report issued by me on xx June 2013. A copy of this report and the Cabinet Member’s decision is available on the council’s website at www.westminster.gov.uk Yours sincerely Rosemarie MacQueen Strategic Director Built Environment Condition(s) 1. Within 6 months of the date of this agreement letter Covent Garden London must pay the council the relevant monitoring fee of £3,500. On receipt of this payment the council will issue to the applicant a public realm credit to the value of £234,006. Should this payment not be received within 6 months of the date of this agreement this decision will no longer be valid and the applicant will be required to submit a new public realm credit application. Reason To ensure that the public realm credit is issued in accordance with the provisions of the Supplementary Planning Document (SPD) on Public Realm Credits (May 2011). 2. There will be a maximum period of 7 years from the date that the public realm credit is issued for it to be used to offset the requirement for a Section 106 (s106) public realm contribution linked to future development schemes. Reason To ensure in accordance with the Community Infrastructure Levy Regulations (2010) and as amended that there is a reasonable relationship in time between the delivery of the public realm improvement works and the development impact that they are seeking to mitigate. 3. On issue the public realm credit can only be used to offset a Section106 public realm contribution within the Charing Cross public realm credit contribution area. Reason To ensure in accordance with the Community Infrastructure Levy Regulations (2010) and as amended that there is a direct spatial or functional relationship between the development and the public realm improvement works. 4. The public realm credit will be registered to Capco Covent Garden Limited (company no. 06451207) and only Capco Covent Garden Limited or any parent company of which Capco Covent Garden Limited is a wholly owned subsidiary or any wholly owned subsidiary of such parent company or of Capco Covent Garden Limited will be able to instruct use of the credit subject to the requirements of Section 3, paragraph 3.8(3) of the Supplementary Planning Document (SPD) on Public Realm Credits (May 2011). Reason To ensure in accordance with the Community Infrastructure Levy Regulations (2010) and as amended that there is a direct functional relationship between the development and the public realm improvement works. Informative(s) 1. The works carried out by Capco Covent Garden Limited are or will be accepted by the council as public realm credits upon the basis that that they are voluntarily carried out and no refund thereof or alternative credits or equivalent will be given in the event that the Council’s public realm credits scheme ceases to operate either as a result of changes in the relevant law or otherwise.