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)

Except as required by conditions 14 and 15, the development hereby permitted shall not be carried out except in complete accordance with the details shown on submitted plans,
Reason - The details are considered to be material to the acceptability of the proposals, and for safeguarding the amenity of the area.

3)

The windows annotated as 'angled windows' on floorplans 547 AP(0)101 and 547 AP(0)102 shall be installed in accordance with the details shown on drawing 547 AP 3142/P3 prior to the first occupation of the residential units and shall be so maintained.
Reason - To protect the living conditions of the occupants of the adjoining buildings and to comply with policy CL5 of the Core Strategy.

4)

The main roof of the building hereby permitted, and the areas of flat roof at the rear (southern side) of the building shall not be used at any time as terraces without a further planning permission.
Reason - To protect the privacy and amenity of neighbouring property and to comply with policy CL5.

5)

Noise emitted by the building services plant hereby permitted shall not increase the existing lowest LA90(10min) background noise level at any time when the plant is operating. 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 manufacturers instructions and as necessary to ensure that the requirements of the condition are maintained. If at any time the plant is unable to comply with this Condition, it shall be switched off and not used again until it is able to comply.
Reason - To protect the living condition of nearby occupiers and comply with policies CL5 and CE6.

6)

Fumes or odours expelled from any flue serving a stove, oven or other cooking device shall not be detectable at the site boundary. If at any time the extraction plant fails to meet the requirements of this condition the source device shall be switched off and not used until a time that it is able to comply.
Reason - To protect the living conditions of adjoining properties and to comply with policy CL5.

7)

The cycle storage facilities shown on approved drawing 547 AP(0)100/P3 shall be complete and available for use prior to the first use of the building and maintained thereafter.
Reason - To ensure alternatives to car use and ensure appropriate provision of cycle storage and to comply with policy CT1.

8)

The floor covering of the recessed ground floor entrance shall be finished with artificial stone paving to match the adjoining renewed footpath of the southern side of Convent Gardens, and shall be so maintained.
Reason - To ensure a satisfactory design and appearance and ensure an attractive pedestrian environment, compliant with policies CL1, CL2 and CT1.

9)

No development shall commence until a risk assessment relating to construction methods and a method statement for emissions control has been submitted to and approved in writing by the Local Planning Authority. The risk assessment shall be based on the Mayor's Best Practice Guidance (The control of dust and emissions from construction and demolition) and the method statement shall include an inventory and timetable of dust generating activities, emission control methods and where appropriate, air quality monitoring. The documents shall detail appropriate mitigation measures and the development shall be carried out in accordance with the details so approved.
Reason - To protect the living conditions of the adjoining and nearby properties during construction and to comply with policies CL5 and CE5 of the Core Strategy.

10)

No development shall be carried out 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 hereby approved.
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 policy CL5.

11)

The dwellings hereby permitted shall achieve Level 4 of the Code for Sustainable Homes. No dwelling 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.

12)

The day care centre use occupying the ground and part of the first floor shall only be carried out between 08:00 hours and 22:00 hours on any day.
Reason - To safeguard the amenity of neighbouring property and to comply with policy CL5 of the Core Strategy.

13)

The parts of the building shown on the drawings hereby approved to be used for a day care centre occupying the ground and part of the first floor shall be used for no other purpose including any other purposes within Class D1 of the Town and Country Planning (Use Classes) Order 1987, as amended.
Reason - The Local Planning Authority considers that use for any other purpose may be detrimental to the amenity of the area and its residents.

14)

Full particulars of the following, including samples where appropriate, shall be submitted to and approved in writing by the Local Planning Authority 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 maintained: (a) the finishes to be used on the external faces of the building, including glass balustrades, garage door, roof materials and guttering; (b) notwithstanding the approved drawings, details of the materials within the recessed balconies; (c) details of the profile and materials of the framing of all windows and openings including the garage door and those at ground floor level and on the rear elevation; (d) notwithstanding the approved drawings, revised drawings of the window to the day care centre office at ground floor level in the front elevation to demonstrate the removal of the splay beneath the window; (e) a landscaping scheme for the garden areas including details of hard surfacing and means to facilitate surface water run-off.
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.

15)

The construction of the new building hereby permitted shall not commence until a sample panel of materials has been constructed on the site and the materials contained on the panel have been approved in writing by the Local Planning Authority. The development shall be carried out only in accordance with the materials so approved and shall be so maintained. The sample panel shall not include any brick slips to be used at the ground floor level and include the following: (a) all facing bricks and mortar; (b) notwithstanding the approved drawings, the glazed brick to the ground floor level.
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.

1)

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. (I10)

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)

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)

4)

Party Wall Act
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 occupier(s) where the building owner intends to carry out work which involves: 1.ÿÿÿ Work involving an existing shared wall with another property; 2.ÿÿÿ Building on the boundary with a neighbouring property; 3.ÿÿÿ Excavating near a neighbouring building, and that work fallsÿwithin the scope of the Act.ÿ Procedures under this Act are separate from the need for planning permission and building regulations approval . `The Party Wall etc. Act 1996: explanatory booklet' is available at www.communities.gov.uk. (I71)

5)

SUDS
From 1 July 2013, the requirement of Core Strategy policy CE2(e) to incorporate Sustainable Urban Drainage Systems (SUDS) within development will be applied to all new planning applications. Applications for development of buildings and gardens registered after that date will be expected to show how they comply with policy CE2(e), which is to: "Require sustainable urban drainage (SUDS), or other measures, to reduce both the volume and speed of water run-off to the drainage system ensuring that surface water run-off is managed as close to its source as possible in line with the hierarchy in the London Plan. In particular, major development must make a significant reduction in the current volume and speed of water run-off to the drainage system" ÿÿÿÿ In projects granted permission prior to 1 July you are encouraged to include measures to reduce run-off to the drainage system, wherever practicable.

6)

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.