1)
Compliance with approved drawings
Except as required by conditions 2, 3, 4, 6, 7, 8, 9, 10, 11, 12, 13, 14 and 29, the development shall not be carried out except in complete accordance with the details shown on submitted plans:
Reason - The details are material to the acceptability of the proposals, and to ensure accordance with the development plan.
2)
Block 1 - Details
Development of Block 1 (as identified on approved drawing titled 'Key Plan') shall not begin, save for demolition and below ground works, until full details of the following have been submitted to and approved in writing by the local planning authority:
a) samples of the materials to be used on the external faces of the building, including construction drawings and specifications of colour, tone and texture;
b) detailed drawings of all windows, doors, entrances, shopfronts, canopies and top storeys (including the plant screen, the glass panels throughout and the glazing panels and fritted glass at penthouse level) at scale 1:20;
c) detailed drawings of all proposed walls, fences, railings, balustrades and hard and soft landscaping (including tree pits and species) at scale 1:20;
d) detailed restoration and repair proposals for the retained fa╪ade;
e) details of external lighting, including lighting to the external terrace areas, locations, lux levels, timings and fittings;
f) details of motorcycle parking within the basement; and,
g) details of photovoltaic panels, the green wall and green roofs.
Development shall be carried out in accordance with the approved details.
Reason - To preserve the character and appearance of the area in accordance with policies of the development plan in particular policies CL1, CL2, CL3 and CL6 of the Local Plan 2019.
3)
Block 1 - Sample Panel
Development of Block 1 shall not begin, save for demolition and below ground works, until a sample panel of facing reconstituted stone cladding, as approved in condition 2, showing the proposed colour, texture, facebond and pointing to be used on the external faces of the building, has been provided on site and approved in writing by the local planning authority. The sample panel shall be retained on site until construction work is completed. Development shall be carried out in accordance with the approved details and sample panel.
Reason - To preserve the character and appearance of the area in accordance with policies of the development plan in particular policies CL1, CL2, CL3 and CL6 of the Local Plan 2019.
4)
Block 2 - Details
Development of Block 2 (as identified on approved drawing titled 'Key Plan') shall not begin, save for demolition and below ground works, until full details of the following have been submitted to and approved in writing by the local planning authority:
a) samples of the materials to be used on the external faces of the building, including construction drawings and specifications of colour, tone and texture;
b) detailed drawings of all proposed walls, fences, railings, balustrades and hard and soft landscaping (including tree pits and species) at scale 1:20;
c) details of external lighting, including locations, lux levels, timings and fittings; and,
d) details of photovoltaic panels and green roofs.
Development shall be carried out in accordance with the approved details.
Reason - To preserve the character and appearance of the area in accordance with policies of the development plan in particular policies CL1, CL2, CL3 and CL6 of the Local Plan 2019.
5)
Block 2 - Sample panels
Development of Block 2 shall not begin, save for demolition and below ground works, until sample panels of facing reconstituted stone cladding as approved in condition 4, showing the proposed colour, texture, facebond and pointing, as appropriate, to be used on the external faces of the building, have been provided on site and approved in writing by the local planning authority. The sample panels shall be retained on site until construction work is completed. Development shall be carried out in accordance with the approved details and sample panels.
Reason - To preserve the character and appearance of the area in accordance with policies of the development plan in particular policies CL1, CL2, CL3 and CL6 of the Local Plan 2019.
6)
Cinema food and beverage provision
Prior to the occupation of the cinema, full details of the location and nature of operation of the ground floor cinema food and beverage provision, and a management plan for its use, shall be submitted to and approved by the local planning authority. Development shall be carried out in accordance with the approved details.
Reason - To prevent any significant disturbance to residents of nearby properties and ensure the standard of cinema offer to comply with development plan policies, in particular policy CL5 and policy CF7 of the Local Plan 2019.
7)
Block 3 - Details
Development of Block 3 (as identified on approved drawing titled 'Key Plan') shall not begin, save for demolition and below ground works, until full details of the following have been submitted to and approved in writing by the local planning authority:
a) samples of the materials to be used on the external faces of the building, including construction drawings and specifications of colour, tone and texture;
b) detailed elevation and section drawings of the shopfronts and including fascia panels at scale 1:20;
c) detailed elevation and section drawings of the residential entrance at scale 1:20;
d) detailed drawings of all proposed walls, fences, railings, balustrades and hard and soft landscaping (including tree pits and species as necessary) at a scale of 1:20;
e) details of external lighting, including locations, lux levels, timings and fittings; and,
f) details of photovoltaic panels and green roofs.
Development shall be carried out in accordance with the approved details.
Reason - To preserve the character and appearance of the area in accordance with policies of the development plan in particular policies CL1, CL2, CL3 and CL6 of the Local Plan 2019
8)
Block 3 - Sample panels
Development of Block 3 shall not begin, save for demolition and below ground works, until sample panels of facing brickwork as approved in condition 7, showing the proposed colour, texture, facebond and pointing to be used on the external faces of the building, have been provided on site and approved in writing by the local planning authority. The sample panels shall be retained on site until construction work is completed. Development shall be carried out in accordance with the approved details and sample panels.
Reason - To preserve the character and appearance of the area in accordance with policies of the development plan in particular policies CL1, CL2, CL3 and CL6 of the Local Plan 2019.
9)
Block 4 - Details
Development of Block 4 (as identified on approved drawing titled 'Key Plan') shall not begin, save for demolition and below ground works, until full details of the following have been submitted to and approved in writing by the local planning authority:
a) samples of the materials to be used on the external faces of the building, including construction drawings and specifications of colour, tone and texture;
b detailed elevation and section drawings of the residential entrance at scale 1:20;
c) detailed drawings of all proposed walls, fences, railings, balustrades and hard and soft landscaping (including tree pits and species) at scale 1:20;
d) details of external lighting, including locations, lux levels, timings and fittings; and,
e) details of photovoltaic panels and green roofs.
Development shall be carried out in accordance with the approved details.
Reason - To preserve the character and appearance of the area in accordance with policies of the development plan in particular policies CL1, CL2, CL3 and CL6 of the Local Plan 2019.
10)
Block 4 - Sample panels
Development of Block 4 shall not begin, save for demolition and below ground works, until sample panels of brick, as approved in condition 9, showing the proposed colour, texture, facebond and pointing to be used on the external faces of the building, have been provided on site and approved in writing by the local planning authority. The sample panels shall be retained on site until construction work is completed. Development shall be carried out in accordance with the approved details and sample panels.
Reason - To preserve the character and appearance of the area in accordance with policies of the development plan in particular policies CL1, CL2, CL3 and CL6 of the Local Plan 2019
11)
Block 5 - Details
Development of Block 5 (as identified on approved drawing titled 'Key Plan') shall not begin, save for demolition and below ground works, until full details of the following have been submitted to and approved in writing by the local planning authority:
a) samples of the materials to be used on the external faces of the building, including construction drawings and a specification of the colour, tone and texture;
b) detailed drawings of all windows, doors, entrances at scale 1:20;
c) detailed drawings of all proposed walls, fences, railings, balustrades and hard and soft landscaping (including tree pits and species) at scale 1:20;
d) details of external lighting, including locations, lux levels, timings and fittings; and,
e) details of photovoltaic panels and green roofs.
Development shall be carried out in accordance with the approved details.
Reason - To preserve the character and appearance of the area in accordance with policies of the development plan in particular policies CL1, CL2, CL3 and CL6 of the Local Plan 2019.
12)
Block 5 - Sample panel
Development of Block 5 shall not begin, save for demolition and below ground works, until sample panels of facing brickwork and render, as approved in condition 11, showing the proposed colour, texture, facebond and pointing to be used on the external faces of the building, have been provided on site and approved in writing by the local planning authority. The sample panels shall be retained on site until construction work is completed. Development shall be carried out in accordance with the approved details and sample panels.
Reason - To preserve the character and appearance of the area in accordance with policies of the development plan in particular policies CL1, CL2, CL3 and CL6 of the Local Plan 2019
13)
Block 6 - Details
Development of Block 6 (as identified on approved drawing titled 'Key Plan') shall not begin, save for demolition and below ground works, until full details of the following have been submitted to and approved in writing by the local planning authority:
a) samples of the materials to be used on the external faces of the building, including construction drawings and a specifications of colour, tone and texture;
b) detailed drawings of all proposed walls, fences, railings, balustrades and hard and soft landscaping (including tree pits and species) at scale 1:20;
c) details of external lighting, including locations, lux levels, timings and fittings; and,
d) details of photovoltaic panels and green roofs.
Development shall be carried out in accordance with the approved details.
Reason - To preserve the character and appearance of the area in accordance with policies of the development plan in particular policies CL1, CL2, CL3 and CL6 of the Local Plan 2019.
14)
Block 6 - Sample panel
Development of Block 6 shall not begin, save for demolition and below ground works, until sample panels of facing brickwork and the reconstituted stone cladding, as approved in condition 13 above, showing the proposed colour, texture, facebond and pointing to be used on the external faces of the building, have been provided on site and approved in writing by the local planning authority. The sample panels shall be retained on site until construction work is completed. Development shall be carried out in accordance with the approved details and sample panels.
Reason - To preserve the character and appearance of the area in accordance with policies of the development plan in particular policies CL1, CL2, CL3 and CL6 of the Local Plan 2019.
15)
Telecommunications equipment
Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any order revoking and re-enacting that Order with or without modification), no telecommunications equipment shall be erected on the roofs or fa╪ades of any of the buildings hereby approved.
Reason - Although such equipment would, in the absence of this condition, constitute development permitted under the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (as amended) such development is precluded in this case to preserve the character and appearance of the area in accordance with policies of the development plan in particular policies CL1, CL2, CL3 and CL6 of the Local Plan 2019.
16)
Written scheme of Investigation - Recording and historical analysis of building
The development shall be carried out in complete accordance with the written scheme of investigation submitted to and approved in writing by the local planning authority under application ref. CON/18/01748 unless an amended written scheme of investigation is first submitted to and approved in writing by the local planning authority which details a programme of recording historic analysis of the building and considers building structure, architectural detail, appropriate reinstatement and archaeological evidence. The programme shall then be implemented in accordance with the amended written scheme of investigation.
Reason - To preserve the character and appearance of the area in accordance with policies of the development plan in particular policies CL1, CL2, CL3 and CL6 of the Local Plan 2019.
17)
Archaeology - Programme of investigation
The development shall be carried out in complete accordance with the programme of archaeological investigation and written scheme of investigation submitted to, and approved in writing by, the local planning authority under application ref. CON/18/03062; unless an amended programme of archaeological investigation has been implemented in accordance with an amended written scheme of investigation which has first been submitted to and approved in writing by the local planning authority.
No part of the development hereby permitted shall be occupied until post-investigation assessment work has been completed in accordance with the approved scheme.
Reason - To safeguard the archaeological heritage of the Borough in accordance with policy CL4 of the Local Plan 2019.
18)
Noise from building services plant and vents
Noise emitted by all building services plant and vents shall not exceed a level 10dBA below the existing lowest LA90(10min) background noise level at any time when the plant is operating, and where the source is tonal it shall not exceed a level 15dBA below. The noise emitted shall be measured or predicted at 1.0m from the facade of the nearest residential premises or at 1.2m above any adjacent residential garden, terrace, balcony or patio. The plant shall be serviced regularly in accordance with the manufacturer's instructions and as necessary to ensure that the requirements of the condition are maintained. If at any time the plant is determined by the local planning authority to be failing to comply with this condition, it shall be switched off upon written instruction from the local planning authority and not used again until it is able to comply.
Reason - To prevent any significant disturbance to residents of nearby properties and comply with development plan policies, in particular policy CL5 of the Local Plan 2019.
19)
Anti-vibration mounts for air-conditioning/ extraction equipment
No plant shall operate unless it is supported on adequate proprietary anti-vibration mounts to prevent the structural transmission of vibration and regenerated noise within adjacent or adjoining premises, and these shall be so maintained thereafter.
Reason - To prevent any significant disturbance to residents of nearby properties and comply with development plan policies, in particular policy CL5 of the Local Plan 2019.
20)
Block 1 - Sound insulation
Development of Block 1 shall not begin, save for demolition and below ground works, until a scheme of sound insulation, designed to prevent the transmission of excessive airborne and impact noise between the non-residential and residential uses has been submitted to and approved in writing by the local planning authority. The sound insulation shall be installed in accordance with the approved details and maintained thereafter. No residential unit shall be occupied until the approved scheme has been fully implemented.
Reason - To prevent any significant disturbance to residents of nearby properties and comply with development plan policies, in particular policy CL5 of the Local Plan 2019.
21)
Odours from extraction equipment
Fumes or odours expelled from any flue serving a stove, oven or other cooking device shall not be detectable at the property boundary. If at any time the extraction plant is determined by the local planning authority to be failing to comply with this condition, it or the source device shall be switched off and not used again until it is able to comply.
Reason - To prevent any significant disturbance to residents of nearby properties and comply with development plan policies, in particular policy CL5 of the Local Plan 2019.
22)
Odours from swimming pool ventilation/ filtration equipment
Fumes or odours expelled from any flue serving the hygiene plant for or providing ventilation to the swimming pool area shall not be detectable at the property boundary. If at any time the extraction plant is determined by the local planning authority to be failing to comply with this condition, it or the source equipment shall be switched off and not used again until it is able to comply.
Reason - To prevent any significant disturbance to residents of nearby properties and comply with development plan policies, in particular policy CL5 of the Local Plan 2019.
23)
Automatic Control of Gates
The gates to Kensington High Street shall be automatically controlled only.
Reason - To ensure the safe and free movement of traffic on neighbouring highways, in accordance with policies of the development plan in particular policy CT1 of the Local Plan 2019.
24)
Provision of parking
No dwelling shall be occupied until all of the car parking, motor cycle parking and cycle parking spaces for the residential units, as shown on the approved drawings, has been provided. The spaces shall thereafter be permanently retained for the parking of cars, motor cycles and bicycles in connection with the residential use of the dwellings and for no other purpose.
Reason - To prevent obstruction of the surrounding streets and safeguard the amenity of the area, to accord with policy CT1 of the Local Plan 2019.
25)
Automated Car stacker System
The automated car parking stacker shall be limited to a maximum of 58 vehicle spaces and shall be solely for the use of residents of the development hereby approved
Reason - To ensure there are better alternatives to the use of the car by making the alternatives more attractive in accordance with policy CT1 of the Local Plan 2019.
26)
Electric Vehicle Charging Points
No dwelling shall be occupied until at least 28 car parking spaces within the car stacker system have been provided with active Electric Vehicle Charging Points and all other car parking spaces have been provided with passive Electric Vehicle Charging Points.
Reason - In the interests of air quality and sustainable transport to accord with policies CE5 and CT1 of the Local Plan 2019.
27)
Delivery Servicing Plan - Private Residential
Prior to occupation of the private residential units, a Delivery and Servicing Management Plan for the private residential use, which includes no on street servicing from Kensington High Street, shall be submitted to and approved in writing by the Local Planning Authority. The development shall operate in accordance with the approved details.
Reason - To ensure the safe and sustainable movement of traffic on neighbouring highways, in accordance with policies of the development plan in particular policy CT1 of the Local Plan 2019.
28)
Delivery and Servicing Waste Management Plan - Commercial
Prior to occupation of the commercial units, a Delivery and Servicing Management Plan for the commercial uses, which includes details of the servicing and waste collection strategy for all uses, shall be submitted to and approved in writing by the Local Planning Authority. The development shall operate in accordance with the approved details.
Reason - To ensure the safe and sustainable movement of traffic on neighbouring highways, in accordance with policies of the development plan in particular policy CT1 of the Local Plan 2019.
29)
Cycle parking to affordable housing
Notwithstanding the details shown on the approved plans, details of a means of accessible access to the cycle parking for Blocks 4 and 5 shall be submitted to and approved in writing by the Local Planning Authority. The accessible access to the cycle parking should be provided in accordance with the approved details prior to the occupation of the affordable housing units.
Reason - To ensure the safe and sustainable movement of traffic on neighbouring highways, in accordance with policies of the development plan in particular policy CT1 of the Local Plan 2019.
30)
Final Travel Plan
No building hereby approved shall be occupied until a Travel Plan has been submitted to and approved in writing by the local planning authority. The travel plan shall be monitored and reviewed in accordance with any targets within the plan, and such record made available upon request by the local planning authority.
Reason - To ensure the safe and sustainable movement of traffic on neighbouring highways, in accordance with policies of the development plan in particular policy CT1 of the Local Plan 2019.
31)
Tables and chairs - Limit on hours
The use of land outside the buildings for the placing of tables and chairs for commercial or leisure purposes shall not take place outside the following times:
07:00-22:00 hours on Mondays to Saturdays; and
08:00-22:00 hours on Sundays.
Outside these approved hours the tables and chairs shall be removed from the public highway and no customers shall be served on the public highway.
Reason - To prevent detriment to the living conditions within nearby residential property, and to ensure unobstructed passage of pedestrians on the public footway to accord with the development plan, in particular policies CL5, CT1 and CR3 of the Local Plan 2019.
32)
Protection of trees during construction
The development shall be carried out in complete accordance with the details set out within the Arboricultural Method Statement, dated 08/07/2019 and the Tree Protection Plan dated 13/06/2019, prepared by Writtle Forest Consultancy Ltd unless an amended Arboricultural Method Statement and Tree Protection Plan is first submitted to an approved in writing by the local planning authority. Any amended Method Statement and Tree Protection Plan shall provide full details of the methods by which the London plane trees on Kensington High Street and the tree at 28 Pembroke Place are to be protected during site preparation, demolition, construction, landscaping and other operations on the site (including the erection of hoardings, site cabins, or other temporary structures).
Development shall be carried out in accordance with any subsequent approved details.
Reason - To ensure that the trees are adequately protected, to safeguard their contribution to theÿappearance and amenity of the area and accord with policies of the development plan, in particular policy CR6 of the Local Plan 2019.
33)
BREEAM Rating - New build non-residential
The non-residential floorspace shall achieve a BREEAM rating of Excellent, and a Post Construction Review Certificate shall be provided within 6 months following occupation certifying that a BREEAM rating of Excellent has been achieved.
Reason - To ensure that the development contributes to the attainment of sustainable development and to comply with policy CE1 of the Local Plan 2019.
34)
Compliance with Energy Strategy
The development shall be built in accordance with the Energy Statement dated June 2019 and Addendum to the Energy Strategy and Sustainability Statement dated 19 December 2019, demonstrating how the development will follow the hierarchy of energy efficiency, decentralised energy and renewable energy technologies to secure a minimum 35% reduction in CO2 emissions beyond the baseline of Part L of the Building Regulations 2013.
Prior to occupation of a phase of development, evidence shall be submitted to the Local Planning Authority to demonstrate that the phase of development has been carried out in accordance with the approved Energy Strategy unless otherwise agreed by the Local Planning Authority in writing.
Reason - In the interests of sustainable development and in accordance with policy CE1 of the Local Plan 2019, Policy 5.2 of the London Plan and Policy SI 2 of the Mayor's intend to publish London Plan.
35)
Water consumption
Water efficient fixtures and fittings shall be provided in all residential units to achieve a water use target of no more than 105 litres per person per day.
Reason - To ensure efficient use of water and minimise waste, in accordance with Policy 5.15 of the London Plan (2016).
36)
Photovoltaics
The photovoltaic cells shall be fully installed prior to the first occupation of the building on which they are sited and shall be maintained thereafter in accordance with manufacturer's instructions
Reason - To ensure that the development contributes to the attainment of sustainable development and to comply with policy CE1 of the Local Plan 2019.
37)
Site-Wide Heat network
A single site-wide heat network shall connect all dwellings and non-domestic building uses. The network shall be supplied from a single energy centre which will be designed to allow connection to a future external heat network.
Reason - To ensure that the development contributes to the attainment of sustainable development and to comply with policy CE1 of the Local Plan 2019.
38)
District Heating System
Facilities for connection to a district heating system shall be provided prior to the first occupation of any part of the development.
Reason - To ensure that the development contributes to the attainment of sustainable development and to comply with policy CE1 of the Local Plan 2019.
39)
Combustion Plant
No boiler shall have NOx emissions exceeding 40mg/kWh of dry NOx at 0% O2. Central heat and power (CHP) plant shall not have emissions exceeding 95mg/Nm2 at 5% O2. Diesel generators shall be used only in emergencies and for routine test purposes; only very low sulphur fuels shall be used in diesel generators. No CHP plant shall be brought into use without the fitting of appropriate abatement equipment or technologies to meet as a minimum the Band B emissions standard of 95mg/Nm2 at 5% O2. No CHP plant shall be brought into use until a NOx emissions test carried out by an accredited laboratory has been submitted to and approved by the local planning authority.
Reason - To comply with the requirements of the NPPF, policies 7.14a-c of the London Plan and policy CE5 of the Local Plan 2019 in ensuring that effects upon air quality in the area are minimised.
40)
Combustion Plant (Pre-installation)
Prior to installation of any combustion plant evidence shall be submitted to and approved in writing by the local planning authority to show that any chimney stack/flue will be located so that it is away from ventilation intakes or accessible areas and at a sufficient height and discharge velocity to disperse the exhaust emissions.
Reason - To Comply with Policy CE5 of the Local Plan 2019 and 7.14 a-c of the London Plan.
41)
Flooding and Drainage
The development shall be carried out in full accordance with the Drainage Strategy prepared by AKT II dated June 2019. For the avoidance of doubt this includes implementation of the SuDS measures and ground water mitigation set out in the strategy.
Reason - To reduce flood risk and to contribute to sustainability in accordance with poliy CE2 of the Local Plan 2019.
42)
Positive pumped device
A positive pumped device (or devices) shall be provided prior to the first occupation of the development and thereafter maintained.
Reason - To reduce flood risk and to contribute to sustainability in accordance with policies CL7 and CE2 of the Local Plan 2019.
43)
Submission of details - external spaces
Full details of the following shall be submitted to and approved in writing by the Local planning authority before first occupation of the development and the development shall not be completed otherwise than in accordance with the details so approved:
a) play space, including details of the loading position;
b) car stacker, including details of the garage door and presentation area;
c) plans showing the provision of 14 on-site short term cycle parking spaces for the commercial uses within the front forecourt;
d) car parking layout showing disabled bays;
e) vehicle lift management system;
f) details of the layout of the vehicular access junction, supported by a Stage 1 and Stage 2 road safety audit;
g) details of the traffic control on the access lane; and,
h) front forecourt details (including landscaping and drainage).
Reason - To accord with the development plan by ensuring suitable alternatives to the car and promoting sustainable travel in accordance with policy CT1 of the Local Plan 2019.
44)
Construction Environmental Management Plan
The development shall be carried out in accordance with the Construction Environmental Management Plan submitted to, and approved in writing by, the local planning authority under application ref. CON/18/05539; unless
An amended site-specific Construction Environmental Management Plan has been submitted to and approved in writing by the local planning authority.
The development shall be carried out in accordance with any subsequent approved plan.
Reason - To comply with the requirements of the NPPF and policy CE5 of the Local Plan 2019 in ensuring that effects upon air quality in the area are minimised.
45)
Construction Traffic Management Plan (CTMP)
The development shall be carried out in accordance with the Construction Traffic Management Plan submitted to and approved in writing by the local planning authority under application reference CON/18/05188; unless:
An amended Construction Traffic Management Plan, which may be sub-divided into phases (including demolition works), has been submitted to and approved in writing by the local planning authority. The Plan shall include:
a) the routing of demolition, excavation and construction vehicles, including consideration of existing or known projected major building works at other sites in the vicinity and local works in the highway;
b) access arrangements to the site;
c) the estimated number and type of vehicles per day/week;
d) details of any vehicle holding area;
e) details of the vehicle call up procedure;
f) estimates for the number and type of parking suspensions that will be required;
g) details of any diversion or other disruption to the public highway during preparation, demolition, excavation and construction work associated with the development;
h) a work programme and/or timescale for each phase of preparation, demolition, excavation and construction work associated with the development;
i) details of measures to protect pedestrians and other highway users from construction activities on the highway;
j) a strategy for coordinating the connection of services on site with any programme work to utilities upon adjacent land; and
k) where works cannot be contained wholly within the site a plan showing the site layout on the highway including extent of hoarding, position of nearby trees in the highway or adjacent gardens, pedestrian routes, parking bay suspensions and remaining road width for vehicle movements
The development shall be carried out in accordance with any subsequent approved Construction Traffic Management Plan.
A one page summary of the requirements of the approved CTMP shall be affixed t
46)
Professional management of engineering works
The development shall be carried out in accordance with the appointment of a Chartered Civil Engineer (MICE) or Chartered Structural Engineer (MIStructE) submitted to, and approved in writing by, the local planning authority under permission reference CON/18/01590. In the event that either the Appointed Engineer or Appointed Supervisor cease to perform that role for whatever reason before the construction works are completed, those works shall cease until a replacement chartered engineer of the afore-described qualification or replacement supervisor has been appointed to supervise their completion and their appointment confirmed in writing to the Local Planning Authority. At no time shall any construction work take place unless an engineer and supervisor are at that time currently appointed and their appointment has been notified to this Authority in accordance with this condition.
Reason - The details are considered to be material to the acceptability of the proposal, and for safeguarding the amenity of neighbouring residential properties and to comply with the Basements SPD and policy CL7 of the Local Plan 2019.
47)
Considerate Constructors Scheme (CCS)
No development shall commence until such time as the lead contractor, or the site, is signed to the Considerate Constructors Scheme (CCS) and its published Code of Considerate Practice, and the details of (i) the membership, (ii) contact details, (iii) working hours as stipulated under the Control of Pollution Act 1974, and (iv) Certificate of Compliance, are clearly displayed on the site so that they can be easily read by passing members of the public, and shall thereafter be maintained on display throughout the duration of the works forming the subject of this permission.
Reason - To mitigate the impact of construction work upon the levels of amenity that neighbouring occupiers should reasonably expect to enjoy, and to comply with the Basements SPD and policy CL5 of the Local Plan 2019. It is necessary for the condition to be on the basis that 'No development shall commence until' as compliance with the requirements of the condition at a later time would result in unacceptable harm contrary to the policies of the Development Plan.
48)
Use Class Restriction (premises)
The parts of the development shown on the approved plans to be used for cinema purposes shall not be used for any other purpose, including any other purpose within Class D2 of the Town and Country Planning (Use Classes) Order 1987 as amended (or any order revoking and re-enacting that Order with or without modification).
Reason - To minimise disturbance to occupants of surrounding residential properties and so accord with policy CL5 of the Local Plan 2019.
49)
Use Class Restriction (Retail)
Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any other order revoking and re-enacting that order with or without modifications), the parts of the development shown on the approved plans to be used for flexible A1/A2/A3/A4/D1/D2 floorspace shall be used only for those purposes in the absence of an express grant of planning permission for such development.
Reason - To maintain a viable and vibrant retail provision and so accord with policy CF3 of the Local Plan 2019.
50)
Use Class Restriction (Offices)
Those part of the development forming the subject of this permission identified on the approved plans as being for office use shall be used only for office purposes, and for no other purpose including any other purpose within Use Class B1 of the Town and Country Planning (Use Classes) Order 1987, as amended, or any Order re-enacting.
Reason - To minimise disturbance to occupants of surrounding residential properties and so accord with policy CL5 of the Local Plan 2019.
51)
Contamination
The development shall be carried out in accordance with the contamination strategy submitted to and approved in writing by the local planning authority under applications referenced CON/18/05451 and CON/19/06526; unless
An amended strategy for investigating contamination present on the site has been submitted to and approved in writing by the local planning authority;
an investigation has been carried out in accordance with the approved strategy; and
a written report, detailing the findings of the investigation, assessing the risk posed to receptors by contamination and a proposing remediation scheme, including a programme for implementation, has been submitted to and approved in writing by the local planning authority.
Remediation work shall be carried out in accordance with the approved remediation scheme and programme.
In which case the development shall be carried out by any subsequent approved details.
Remediation work on contamination not identified in the initial investigation but found during construction work shall be carried out in accordance with details submitted to and approved in writing by the local planning authority subsequent to its discovery.
Reason - To ensure any risks from land contamination are minimised, and comply with the NPPF and development plan policies, in particular policy CE7 of the Local Plan 2019.
52)
Scoping assessment report - Overheating
Development shall not begin on any building, save for demolition and below ground works, until a scoping assessment report identifying the need for overheating analysis in respect of that building (and the assumptions to be used in the analysis) has been submitted to and approved in writing by the local planning authority. Where the scoping report identifies for any dwelling a risk of overheating above 'slight', an overheating analysis shall be conducted for that dwelling type and any necessary additional passive measures identified. The analysis shall be undertaken using dynamic simulation software to show compliance with CIBSE overheating criteria (using CIBSE TM52 with weather files from TM49). A report providing the results of the analysis and any required mitigation proposals shall be submitted to and approved in writing by the local planning authority. Required mitigation measures shall be implemented in accordance with the approved details prior to the occupation of any dwelling.
Reason - To prevent any significant disturbance to residents of nearby properties and comply with development plan policies, in particular policy CL5 of the Local Plan 2019.
53)
Accessible and Adaptable Dwellings
A minimum of 10% of all dwellings shall be built to requirement M4(3) wheelchair user dwellings contained within Part M volume 1 of the Building Regulations, as identified on the plans approved under condition 2 and thereafter maintained. All other dwellings shall be built to requirement M4(2) accessible and adaptable dwellings contained within Part M volume 1 of the Building Regulations and thereafter maintained.
Reason - To ensure satisfactory provision for people with disabilities and meet the changing needs of households in accordance with development plan policies in particular policy CH3(b) of the Local Plan 2019.