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Property details

Case reference: PP/13/04726
Address: 19-27 Young Street, LONDON, W8 5EH
Ward: Queens Gate
Polling district: 14
Listed Building Grade: N/A
Conservation area: Kensington Square

Applicant details

Applicant's name: Grainger Kensington & Chelsea
Applicant company name: DP9 Planning Consultants,
Contact address: 100 Pall Mall LONDON SW1Y 5NQ

Proposal details

Application type: PP (Planning permission)
Proposed development Demolition of car park and construction of part 5 storey and part 8 storey residential building comprising 53 units with ancillary landscaping and basement car parking (MAJOR APPLICATION)
Date received: 23 Aug 2013
Registration date:
(Statutory start date)
02 Sep 2013
Public consultation ends: 09 Oct 2013
Application status: Decided
Target date for decision: 21 Mar 2014

Decision details

This case has not yet been decided.

Decision: Permission granted, SUBJECT to S.106 ag.
Decision date: 21 Mar 2014
Conditions and reasons:

1)

Time Limit The development hereby permitted shall be begun before the expiration of three years from the date of this permission.
Reason - As required by Section 91 of the Town and Country Planning Act 1990, to avoid the accumulation of unexercised Planning Permissions.

2)

Compliance with approved drawings The development shall not be carried out except in complete accordance with the details shown on submitted plans A2308 YS 201 P31, A2308 YS 202 P31, A2308 YS 250 P32, A2308 YS 251 P31, A2308 YS 252 P31, A2308 YS 253 P31, A2308 YS 254 P31, A2308 YS 255 P31, A2308 YS 256 P31, A2308 YS 257 P31, A2308 YS 258 P31, A2308 YS 259 P31, A2308 YS 260 P31, A2308 YS SK 1310 01 P1, A2308 YS 310 P31, A2308 YS 311 P31, A2308 YS 312 P31, A2308 YS 313 P31, A2308 YS SK 1310 28 P1, A2308 YS 400 P31, A2308 YS 401 P32, A2308 YS 402 P32, A2308 YS 403 P32, A2308 YS 203 P31.
Reason - The details are material to the acceptability of the proposals, and to ensure accordance with the development plan.

3)

Construction Traffic Management Plan (CTMP) No development shall commence until a Construction Traffic Management Plan has been submitted to and approved in writing by the local planning authority. The statement should include: a) routeing of demolition, excavation and construction vehicles, including a response to existing or known projected major building works at other sites in the vicinity; b) access arrangements to the site; c) the estimated number 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 demolition, excavation and construction works; and h) work programme and/or timescale for each phase of the demolition, excavation and construction works; i) details of measures to protect pedestrians and other highway users from construction activities on the highway; j) work programme and/or timescale for each phase of the demolition, excavation and construction works; k) a strategy for coordinating the connection of services on site with any programme work to utilities upon adjacent land; and l) where works cannot be contained wholly within the site a plan should be submitted 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 the approved Construction Traffic Management Plan.
Reason - To minimise the impact of construction works upon highway safety and nearby residents' enjoyment of their properties in accordance with the Subterranean Development SPD and Policies CT1 and CL5 of the Core Strategy.

4)

Construction Environmental Management Plan (CEMP) No development shall commence until a site specific Construction Environmental Management Plan (incorporating measures to minimise dust and emissions, construction and demolition methodology, and measures to mitigate construction noise and vibration affecting adjacent and adjoining occupied residential premises) has been submitted to, and approved in writing by, the local planning authority, and the development shall be carried out only in accordance with the Plan so approved.
Reason - To comply with the requirements of the NPPF and Policies CE3, CE5, CE6, and CL5 of the Core Strategy in ensuring that effects upon air quality in the area are minimised and to accord with the Mayor of London's Best Practice Guidance 'Control of dust and emissions from construction and demolition.

5)

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 Subterranean Development SPD and Policy CL5 of the Core Strategy.

6)

Professional management of engineering works No development shall commence until a Chartered Civil Engineer (MICE) or Chartered Structural Engineer (MI Struct.E)ÿhas been appointed to supervise the construction works throughout their duration and their appointment confirmed in writing to the Local Planning Authority. In the event that the appointed engineer ceases to perform that role for whatever reason before the construction works are completed those works will cease until a replacement chartered engineer of the afore-described qualification 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 is 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 Subterranean Development SPD and Policy CL2(g) (ii) of the Core Strategy.

7)

Wheelchair accessible units 10% of all units shall be wheelchair accessible and so maintained.
Reason - To ensure access for all in accordance with Policy CH2 of the Core Strategy.

8)

Public Art No development shall commence (with the exception of demolition and basement construction) until details of the design of the street level railings and the balustrades and pedestrian and vehicular gates on the main building have been submitted to and approved in writing by the Local Planning Authority. The approved railings, balustrades and gates shall be installed in accordance with the details so approved before the development is occupied and retained thereafter.
Reason - In the interest of visual amenity and to secure public art within the development in accordance with Policy CR4 of the Core Strategy and the Planning Obligations SPD and Public Art SPG.

9)

Sample Materials No development shall commence (with the exception of demolition and basement construction) until samples of external facing materials (including balustrades) have been submitted to and approved in writing by the Local Planning Authority. The development shall be constructed in accordance with the details so approved.
Reason - In the interest of the architectural quality of the building and the character and appearance of the area in accordance with Policy CL2 of the Core Strategy.

10)

Sample panels on-site required No development shall commence (with the exception of demolition and basement construction) until sample panels of facing brickwork showing the proposed colour, texture, facebond and pointing have been provided on site, and approved in writing by the local planning authority. The sample panels shall be retained on site until the work is completed in accordance with the panel(s) so approved.
Reason - In order to safeguard the architectural quality of the building and the character and appearance of the area in accordance with Policy CL2 of the Core Strategy.

11)

Details of windows and doors No development shall commence (with the exception of demolition and basement construction) until detailed drawings, and materials as required, of all windows and doors, and the dormer windows have been submitted to and approved in writing by the Local Planning Authority. The development shall be constructed in accordance with the details so approved.
Reason - In order to safeguard the architectural quality of the building and the character and appearance of the area in accordance with Policy CL2 of the Core Strategy.

12)

Contamination - Site Investigation Scheme No development shall commence until a site investigation and a risk assessment have been undertaken, and submitted to and approved in writing by the Local Planning Authority. The risk assessment shall assess the degree and nature of any contamination identified in the site investigation and assess the risk posed by any contamination to human health, controlled waters and the wider environment.
Reason - To ensure any risks from land contamination are minimised, and comply with the NPPF and development plan policies, in particular Saved Policies PU3 and PU4 of the Unitary Development Plan 2002 (You are advised that the Scheme must be based upon and target the risks identified in the approved preliminary risk assessment and shall provide provisions for, where relevant, the sampling of soil, soil vapour, ground gas, surface and groundwater, and will be a matter of public record).

13)

Contamination - Remediation method statement No development shall commence (save for demolition) until a Remediation Method Statement (if necessary) to address the results of the Site Investigation Scheme has been submitted to, and approved in writing by, the local planning authority.
Reason - To ensure any risks from land contamination are minimised, and comply with the NPPF and development plan policies, Saved Policies PU3 and PU4 of the Unitary Development Plan 2002 and accord with CLR 11: Model Procedures for the Management of Land Contamination (Defra 2004) or the current UK requirements for sampling and testing.

14)

Contamination - Verification report No development shall commence (save for demolition) until the approved Remediation Method Statement (if necessary) has been carried out in full and a Verification Report confirming: completion of these works; details of the remediation works carried out; results of any verification sampling, testing or monitoring including the analysis of any imported soil; classification of waste, its treatment, movement and disposal; and the validation of gas membrane placement. has been submitted to, and approved in writing, by the local planning authority.
Reason - To ensure any risks from land contamination are minimised, and comply with the NPPF and development plan policies, in particular Saved Policies PU3 and PU4 of the Unitary Development Plan 2002

15)

Air Quality The boilers and CHP plant shall not be installed until certificates to show indicative emissions of the combustion plant (the emission factor should meet a dry NOx level of 40mg/kWh at 0% O2) have been submitted to and approved in writing by the local planning authority. Where this is to be achieved by abatement technology, details of the reductions to be achieved at varying operational conditions shall be submitted to and approved in writing by the local planning authority.
Reason - To ensure that impact upon air quality in the area is minimised in accordance with Policy CE5 of the Core Strategy.

16)

Air Quality The development shall not be occupied until the CHP plant has been tested at full and partial loads for its NOx emissions by an accredited laboratory to ensure that emissions do not exceed emissions of dry NOx of 40mg/kWh (at 0% O2)
Reason - To ensure that the impact upon air quality in the area is minimised in accordance with Policy CE5 of the Core Strategy.

17)

Noise from air conditioning plant Noise emitted by all building services plant and vents shall not increase the existing daytime and night time lowest LA90(10min) background noise level at any time when the plant is operating, and where the source is tonal it shall be -15dBA. 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 Core Strategy.

18)

Night time plant noise emissions shall comply with the approved Acoustic Report prepared by Hoare Lea Acoustics, reference: 1004876-REP-BRD-20130725-1, dated 23 August 2013 shall be adopted and implemented in full.
Reason - To prevent any significant disturbance to residents of nearby properties and comply with development plan policies, in particular Policy CL5 of the Core Strategy.

19)

Anti-vibration mounts for air-conditioning/ extraction equipment The plant shall not 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 Core Strategy.

20)

The specifications and recommendations of the Acoustic Report prepared by Hoare Lea Acoustics, reference: 1004876-REP-BRD-20130725-1, dated 23 August 2013 shall be adopted and implemented in full.
Reason - To prevent any significant disturbance to residents of nearby properties and comply with development plan policies, in particular Policy CL5 of the Core Strategy.

21)

Trees and landscaping - Details required No development shall commence (with the exception of demolition and basement construction) until a scheme of landscaping, to include proposed trees and shrubs, paths and their surfacing materials, and furniture/garden features, has been submitted to and approved in writing by the local planning authority, and the development shall only be carried out and maintained in accordance with the details so approved.
Reason - To protect the appearance and amenity of the area and to accord with policies of the development plan, in particular Policy CR6 of the Core Strategy. ÿ

22)

Car parking The car parking shall be provided in accordance with the approved plans and retained for use by the residents of the building only thereafter. Three spaces shall be reserved exclusively for Blue Badge Holders at all times.
Reason - To prevent obstruction of the surrounding streets and to safeguard the amenity of the area in accordance with Policy CT1 of the Core Strategy.

23)

Cycle Parking The development shall not be occupied until cycle parking has been provided in accordance with the approved plans and shall be retained thereafter.
Reason - To promote cycle use in accordance with Policy CT1.

24)

Lifetime Homes The new dwelling(s) shall be constructed to 'Lifetime Homes' standards prior to occupation and shall be retained as such thereafter.
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 CH2(b) of the Core Strategy.

25)

Code for Sustainable Homes The dwellings shall achieve Level 4 of the Code for Sustainable Homes and none shall be occupied until a final Code Certificate has been issued for it certifying that Code Level 4 has been achieved.
Reason - To ensure that the development contributes to the attainment of sustainable development and to comply with Policy CE1 of the Core Strategy.

26)

The development shall not be occupied until a waste management plan, detailing waste collection arrangements, has been submitted to and approved in writing by the local planning authority. Waste shall be managed in accordance with the details so approved.
Reason - In the interest of the safety and convenience of highway users and residential amenity in accordance with Policy CL5 and CT1 of the Core Strategy.

27)

Traffic/access management The development shall not be occupied until a traffic/access management plan, detailing vehicle access arrangements to minimise the impact on highway users, has been submitted to and approved in writing by the local planning authority. The vehicle access shall be controlled in accordance with the details so approved.
Reason - In the interest of the safety and convenience of highway users and residential amenity in accordance with Policy CL5 and CT1 of the Core Strategy.

28)

No use of green roofs Access to the areas of green roof shall be for maintenance purposes only.
Reason - To protect the privacy of neighbouring properties in accordance with Policy CL5 of the Core Strategy.

Informatives:

1)

Enforcement of Conditions (PP)
Your attention is drawn to the Conditions of this Permission and to the Council's powers of enforcement, including the power to serve a Breach of Condition Notice under the Town and Country Planning Act 1990, as amended. All Conditions must be complied with. If you wish to seek to amend a Condition you should apply to do so under s.73 of the Act, explaining why you consider it is no longer necessary, or possible, to comply with a particular condition.

2)

Variations to Approved Drawings
Planning permission is hereby granted for the development as shown on the approved drawings. Any variation to the approved scheme may require further permission, and unauthorised variations may lay you open to planning enforcement action. You are advised to seek advice from the Directorate of Planning and Borough Development, before work commences, if you are thinking of introducing any variations to the approved development. Advice should urgently be sought if a problem occurs during approved works, but it is clearly preferable to seek advice at as early a stage as possible. Use the following link to see how advice can be obtained: Planning Advice Service

3)

Care in the Conservation Area
This property is within a Conservation Area. All building works should, therefore, be completed with great care. External facing work and detailed treatment should be finished in a manner sympathetic to the existing building. If there is any doubt about the way in which work should be carried out, you should seek the advice of the Directorate of Planning and Borough Development.

4)

Unilateral Undertaking
In granting this permission the Council has had regard to the unilateral undertaking that has been entered into by the applicant, under Section 106 of the Town and Country Planning Act 1990, as amended.

5)

CTMPs - Reminder to be Sensitive
You are reminded of the purpose of the Construction Traffic Management Plan, which is to mitigate impact upon the living conditions enjoyed by residents of neighbouring properties as well as to ensure the safe and unobstructed function of the highways in the vicinity.ÿ You are also reminded of the membership of the Considerate Constructors Scheme, required by condition and which has similar objectives.ÿCare and sensitivity is required when carrying out development in residential areas.

6)

Party Wall Act 1996
You are reminded of your duties under the Party Wall Act 1996. This requires a building owner to notify and obtain formal agreement from adjoining property freeholders and leaseholders and anyone who has had an interest of 12 months or greater, where the building owner intends to carry out work which involves: Work involving an existing shared wall with another property; Building on the boundary with another property; Excavating near a neighbouring building, and that work falls within the scope of the Act Notice should be served on neighbours at least one month before commencement of building works. Section 12(1) of the Act provides for the developer to provide security for neighbours through insurance or a security bond. Procedures under this Act are separate from the need for planning permission and for building regulations approval. Further guidance is available at: Party Wall Act 1996

7)


Your attention is drawn to Condition 9. The Design Officer has raised concerns regarding the louvres on the southern dormer (plant room) and asked that the design be reviewed to include windows rather than louvres if this would not affect air floor to the plant room.

8)

Unique text
Thames Water will aim to provide customers with a minimum pressure of 10m head (approx 1 bar) and a flow rate of 9 litres/minute at the point where it leaves Thames Waters pipes. The developer should take account of this minimum pressure in the design of the proposed development.

9)

GTD/Pre-app/At submission Est.G/No amend
To assist applicants in finding solutions to problems arising in relation to their development proposals the Local Planning Authority has produced planning policies, and provided written guidance, all of which are available on the Council's website. A pre-application advice service is also offered. The scheme was submitted in accordance with advice provided through pre-application discussions.

Committee details

Decision by: This case is currently due to be decided by the Planning Committee.
Date:21 Jan 2014
Report item number:STR1

Appeal details

This case has not been appealed.

Planning Inspectorate reference number:
Appeal received:
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Contact details

Planning case officer:
Planning team: Strategic Developments Team
Email: [email protected]
Telephone: 020 7361 3012

Comment on this application

The consultation period for this application has ended.

Documents related to case PP/13/04726