Planning Search

1)

The development hereby permitted shall be begun before the expiration of three years from the date of this permission. (C001)
Reason - As required by Section 91 of the Town and Country Planning Act 1990, to avoid the accumulation of unexercised Planning Permissions. (R001)

2)

The development hereby permitted shall be carried out exactly and only in accordance with the drawings and other particulars forming part of the permission and there shall be no variation therefrom without the written approval of the Executive Director, Planning and Borough Development. (C068)
Reason - The details are considered to be material to the acceptability of the proposals, and for safeguarding the amenity of the area. (R068)

3)

Full particulars of the following shall be submitted to and approved in writing by the Executive Director, Planning and Borough Development before the development hereby permitted is implemented and the development shall not be carried out otherwise than in accordance with the details so approved: (a) details of the cycle route (b) details of the servicing arrangements of the commercial units at ground floor level (c) details of the cycle parking (d) details of the car park access ramp interface with the access road (e) details of the means of external ventilation (f) all proposed boundary treatments including any proposed walls, fences or railings/balustrades (g) the treatment of all open land within the site including hard and soft landscaping, this should include details of the type and size of trees within the site together with detailed drawings (at Scale 1:20) showing the associated tree pits. (h) details of the rooftop plant to Building C (i) details of photo voltaic panels to main roofs of all buildings (C011)
Reason - The particulars hereby reserved are considered to be material to the acceptability of the development, and the Local Planning Authority wishes to ensure that the details of the development are satisfactory. (R011)

4)

Full particulars of the following shall be submitted to and approved in writing by the Major Planning Development Committee before the development hereby permitted commences and the development shall not be carried out otherwise than in accordance with the details so approved and shall be so retained (a) samples of the materials to be used on the external faces of all the buildings (b) materials and detailed drawings (at Scale 1:20) of the fenestration, balustrades (including all terraces at main roof level) panelling and framing to all of the buildings (c) samples of materials and detailed drawings (at Scale 1:20) of the finish to the accomodation at 9th and 10th floors to Building C (d) details of all elevations, entrance and design of the main roof to Building A
Reason - The particulars are considered to be material to the acceptability of the development and the Local Planning Authority wishes to ensure that the details of the development are satisfactory

5)

Noise emitted from all building services plant all operating together shall be 10dBA below the lowest existing measured background LA90 (10 min) level measured or predicted at 1.0 metres from the nearest residential window or at a height of 1.2 metres above any adjacent residential garden, terrace, balcony or patio at any time when the plant is operating. If the noise source exhibits tonality or other distinguishing characteristics then the noise emitted shall be 15dBA below the existing measured background LA90 (10 min) as above. Should the plant fail to comply with this condition at any time, it shall be switched off and not used again until it is able to comply
Reason: To protect the amenities of nearby occupiers

6)

The plant shall be supported on adequate proprietary anti-vibration mounts as necessary to prevent the structural transmission of vibration and regenerated noise within adjacent or adjoining premises, and these shall be so maintained thereafter. (C57f)
Reason - To protect the amenities of nearby occupiers.

7)

Work shall not commence on installing plant and equipment until a noise report has been submitted to and approved in writing by the Executive Director, Planning and Borough Development in consultation with the Director of Environmental Health. The report shall show how the installed plant and equipment and any noise mitigation system required shall comply with Condition 4 above. The report shall also have regard to the absolute noise levels at existing sensitive receptors as detailed in Table 6.14 of the Environmental Statement, Volume 1
Reason: To safeguard the amenities of neighbouring properties

8)

Noise levels within habitable rooms of the residential dwellings shall comply with BS 8233: 1999 (revised) Sound Insulation and Noise Reduction for buildings- Code of Practice. Where achieving the recommended internal levels requires windows to be closed then passive or mechanical ventilation as necessary shall also be provided and thereafter maintained
Reason - To safeguard levels of residential amenity.

9)

The sound insulation performance and specification of glazing and facade insulation shall be submitted to and approved in writing by Executive Director, Planning and Borough Development, in consultation with the Director of Environmental Health prior to the commencement of the development hereby permitted. The glazing and facade insulation as approved shall be installed prior to occupation of the development and so retained.
Reason - To safeguard levels of residential amenity

10)

Prior to the commencement of demolition and construction works a detailed Demolition and Construction Method Statement shall be submitted to and approved in writing by the Executive Director, Planning and Borough Development in consultation with the Director of Environmental Health. The Method Statement shall detail and advise of the measures in accordance with the best practicable means to be used to minimise construction noise and vibration likely to affect adjacent residential premises
Reason: To safeguard the amenities of neighbouring properties

11)

Prior to the commencement of the development hereby permitted, a site investigation and a satisfactory risk assessment (including a conceptual model) approved in writing by the Executive Director, Planning and Borough Development in consultation with the Director of Environmental Health, based on the end use of the site and relating to the existing conditions on site, including asbestos, soil and shallow ground water, must be undertaken by a competent person. If contamination is identified, an appropriate remediation strategy must be devised to deal with any contamination and risk (s) identified in the site investigation and risk assessment report(s) and submitted to the Executive Director of Planning and Borough Development and the measures must be undertaken as required. On completion of any remediation works required the results shall be submitted to the Executive Director, Planning and Borough Development within an appropriate validation report
Reason - To comply with the requirements of PPS23 and ensure the land is suitable for the proposed use.

12)

The whole of the car parking space(s) and motor cycle parking shown on the drawings hereby approved shall be provided before the dwellings are occupied and the spaces shall thereafter be permanently retained for the parking of vehicles in connection with the residential use of the dwellings and for no other purpose. (C026)
Reason - To prevent obstruction of the surrounding streets and safeguard the amenity of the area. (R026)

13)

Prior to the commencement of works, a risk assessment shall be undertaken based on the guidance in the London Best Practice Guidance to control dust and emissions from construction and demolition, and be submitted to and approved in writing by Executive Director, Planning and Borough Development in consultation with the Director of Environmental Health
Reason: To ensure that air quality is not reduced as a result of the development

14)

The development hereby approved shall not begin until an additional air quality impact assessment has been submitted to and approved in writing by the Executive Director, Planning and Borough Development in consultation with the Director of Environmental Health. The traffic assessment on which it is based should be sufficiently robust for the purpose of determining the air quality impact and include all traffic generated during the construction phase. The air quality assessment must show how air quality will change during the construction and operational phase of the development alone and in combination with other cumulative developments and include a baseline comparison. The London Councils 'Air Quality and Planning Guidance' should be reported in the recommended format. The report should detail the parameters and what steps will be taken to reduce the impact on the local environment. The assessment shall show any mitigation measures with regard to exposure to air pollution levels exceeding the national air quality objectives and how the impact of the development on the local environment will be reduced .Any such measures approved by the Executive Director, Planning and Borough Development shall be implemented in accordance with the approved assessment
Reason - To ensure that air quality in the area is not reduced as a result of the development

15)

No water tank, lift motor room, or other roof structure, shall be erected on top of the roof of any of the buildings hereby approved. (C077)
Reason - To safeguard the appearance of the area. (R077)

16)

Notwithstanding the provisions of Article 3, Schedule 2, and Part 24 of the Town and Country Planning (General Permitted Development) Order 1995 (as amended), no telecommunications equipment shall be erected on the roofs or facades of any of the buildings hereby approved without the prior approval in writing of the Executive Director, Planning and Borough Development. (C070)
Reason: To safeguard the appearance of the buildings and surrounding area

17)

The uses (within Class A1, A2, A3 or D1) hereby permitted at ground floor level to Building D shall not be carried out between 23:00 hours and 08:00. hours the following day. (C045)
Reason - To safeguard the amenity of neighbouring property. (R042)

18)

The premises at ground floor level to Building D shall not at any time be used for the sale of hot food for distribution or for consumption off the premises. (C061)
Reason - To safeguard the amenity of the area, in particular the levels of amenity presently enjoyed by the occupants of neighbouring property. (R059)

19)

Notwithstanding the provisions of the Town and Country Planning (Use Classes) Order 1987 and the Town and Country Planning (General Permitted Development) Order 1995, the premises at ground floor level hereby permitted shall not include use as an exhibition hall or as a place for public worship
Reason: To safeguard the amenities of the surrounding area

20)

No development shall take place before a scheme of sound insulation, designed to prevent the transmission of excessive airborne and impact noise between the ground floor commercial use and the residential dwellings to the upper floors to Building D has been submitted to and approved in writing by the Executive Director, Planning and Borough Development in consultation with the Director of Environmental Health. The sound insulation shall be installed and maintained only in accordance with the details so approved. The residential dwelling(s) shall not be occupied until the approved scheme has been fully implemented. (C53b)
Reason:- To safeguard the amenity of neighbouring premises. (R53a)

21)

No music shall be played within the premises at ground floor level to Building D so as to be audible outside the premises. (C048)
Reason - To safeguard the amenity of neighbouring property. (R048)

22)

No loudspeakers or relay equipment, or musical instruments, shall be used in the commercial premises at ground floor level in Building D in such a manner as to cause noise nuisance to occupants of neighbouring property. (C049)
Reason - To safeguard the amenity of neighbouring property. (R048)

23)

Not more than one restaurant shall be created pursuant to this permission at ground floor level to Building D , and this restaurant shall not provide more than 75 covers. (C051)
Reason - To safeguard the amenity of neighbouring property. (R048)

24)

Prior to the commencement of the development hereby permitted, impact studies of the existing water supply infrastructure shall be submitted to and approved in writing by the Executive Director, Planning and Borough Development, in consultation with Thames Water. These studies should determine the magnitude of any new additional capacity required in the system and a suitable connection point
Reason: To ensure that the existing water supply infrastructure has sufficient capacity to cope with the additional demand

1)

Planning Obligations
In granting this permission the Council has had regard to Planning Obligation(s) under Section 106 of the Town and Country Planning Act 1990, as amended. (I08)

2)

Variations due to Building Regs.
Conditional Planning Permission is hereby granted for the development as shown on the approved drawings. Any alteration to the approved scheme, resulting from the requirements of the Building Regulations or for any other reason, may require further permission. You are advised to consult the Directorate of Planning Services before work commences if this is the case. (I09)

3)

Attention to Conditions
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. You are advised that from the 6th April 2008 there is a formal system by which planning conditions should be discharged. The appropriate application form can be downloaded from the Council's website (www.rbkc.gov.uk) or requested from the Planning Information Office at the Town Hall. In most instances there will be a fee associated with each request for the discharge of conditions. Please see the guidance notes and fee regulations on the Council's website or telephone 020 7361 3012 for further advice.

4)

Archaeology
Any excavation or new ground works at street level associated with this development may expose or damage archaeological remains. Such works include the removal of the existing slab and/or foundations, construction of new foundations or floor slabs, lift pits, underpinning or service trenches. Should any of these works prove necessary on site, the prior written consent of the Council must be obtained and this may result in the need for archaeological investigation and recording to be carried out to facilitate "preservation in situ". (I16)

5)

Archaeology
The development of this site is likely to damage archaeological remains and archaeological works must be carried out in accordance with the terms of the Permission and Conditions. You are advised to consult the Archaeological Officers of English Heritage 020-7793-3730 to discuss the works required. (I18)

6)

Building Regs. - Separate Approval
Separate approval for the works hereby granted planning permission may be required by the Building Act 1984 and the Building Regulations 2000 (as amended), and the grant of planning permission does not imply that such approval will be given. The Director of Building Control, Town Hall, Hornton Street, W8 7NX should be consulted before works commence. (I21)

7)

Building Regs. (Roof Apparatus etc.)
Any proposals for external fire escapes, exit housings, roof walkways, or safety railings arising from the requirements of the Building Regulations may require further planning permission, and approval under those Regulations does not imply that planning permission will be granted. The Directorate of Planning Services will be pleased to advise on the implications of any changes. (I22)

8)

Highways Act (General)
The development hereby permitted must comply with the Highways Act 1980. The Directorate of Transportation and Highways, Room 311, Town Hall, Hornton Street W8 7NX (020-7361-2737) should be consulted on the positioning of buildings in relation to the highway, points of vehicle access and the width of the highway. (I24)

9)

Refuse Storage
You are advised to consult the Director of Waste Management and Leisure, Council Offices, Pembroke Road, W8 6PW on the provision of facilities for the storage and disposal of refuse. There is a code of practice available and advice can also be given on certain aspects of industrial and commercial waste as well as household waste. The Council operates a trade refuse service on a rechargeable basis. (I29)

10)

Demolition (Environmental Prot. Act)
Demolition and building works are subject to the Control of Pollution Act 1974 and the Environmental Protection Act, 1990. The Council may impose appropriate controls over the construction methods, noise screening, and protection of site, noise, or hours of work and routing of construction traffic . You are advised to consult the Director of Environmental Health, Council Offices, 37 Pembroke Road, W8 6PW at an early stage. (I30)

11)

Demolition - Codes of Practice
Your attention is drawn to the British Standards Code of Practice for Demolition, and the Environmental Protection Act 1990 relating to nuisances, the observation of which should considerably reduce the risks and nuisance inherent in demolition work (particularly in relation to fire hazards arising from the practice of burning materials on site) both to operatives on site and to the general public. (I31)

12)

Naming and Numbering
The Naming and Numbering Legislation requires that premises display their street number, and no name or number other than that formally assigned may be displayed. Requests for the assignment of names and numbers to new development should be made to the Executive Director, Planning and Borough Development, Town Hall, Hornton Street, W8 7NX well in advance of the completion of the building. (I39)

13)

Construction (Design and Management)
The development hereby approved may be subject to the Construction (Design and Management) Regulations 1994 which govern health and safety through all stages of a construction project. The regulations require clients (i.e. those, including developers, who commission construction projects) to appoint a planning supervisor and principal contractor who are competent and adequately resourced to carry out their health and safety responsibilities. Further information is available from the Health and Safety Executive Infoline (Tel: 0541-54400).

14)

Household Waste
You are advised that it is the duty of the occupier of any domestic property to take all such measures available to him/her as are reasonable in the circumstances to secure that any transfer of household waste produced on the property is only to an authorised person or to a person for authorised transport purposes. This includes waste materials produced as a result of building works. You may check whether your waste carrier is licensed on the DEFRA website. (I61)

15)

Noise Insulation
You are advised that the noise insulation condition above is likely to require a higher standard of sound insulation between the units hereby approved than would be required by the Building Act 1984 / Building Regulations 2000. (I29B)