1)
Time Limit
The development hereby permitted shall be begun within three years of 29th March 2012.
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
Reason - The details are material to the acceptability of the proposals, and to ensure accordance with the development plan.
3)
Submission of details (Full PP)
Full particulars of the following shall be submitted to and approved in writing by the local planning authority before construction of Block 1 hereby permitted commences (save for the basement construction). The development shall not be completed otherwise than in accordance with the details so approved:
(a) samples of the materials to be used on the external faces of the building;
(b) materials and detailed drawings (at Scale 1:20) of the fenestration, balustrades, panelling and framing to the building;
(c) materials and details (at Scale 1:20) of Warwick Road elevation at ground floor level to Block 1;
(d) the means of external ventilation;
(e) details of the servicing arrangements of the proposed use(s) at ground floor level;
(f) details of the flank elevations of the building;
(g) details of the curtilage landscaping;
(h) sound insulation performance and specification of glazing and facade insulation.
Reason - To ensure the details of the proposal are acceptable and living conditions of those living near the development suitably protected.
4)
Submission of details (Full PP)
Full particulars of the following shall be submitted to and approved in writing by the local planning authority before construction of Block 2 hereby permitted commences (save for the basement construction). The development shall not be completed otherwise than in accordance with the details so approved:
(a) samples of the materials to be used on the external faces of the building;
(b) materials and detailed drawings (at Scale 1:20) of the fenestration, balustrades, panelling and framing to the building;
(c) details of green roof;
(d) the means of external ventilation;
(e) details of the flank elevations of the building.;
(f) details of the curtilage landscaping;
(g) sound insulation performance and specification of glazing and facade insulation.
Reason - To ensure the details of the proposal are acceptable and living conditions of those living near the development suitably protected.
5)
Submission of details (Full PP)
Full particulars of the following shall be submitted to and approved in writing by the local planning authority before construction of Block 3 hereby permitted commences (save for the basement construction). The development shall not be completed otherwise than in accordance with the details so approved:
(a) samples of the materials to be used on the external faces of the building;
(b) materials and detailed drawings (at Scale 1:20) of the fenestration, balustrades, panelling and framing to the building;
(c) materials and detailed drawings (at Scale 1:20) of the entrance canopies and entrance doors to the building;
(d) details of green roof;
(e) details of rooftop plant and lift shaft;
(f) the means of external ventilation;
(g) details of the flank elevations of the building;
(h) details of the curtilage landscaping;
(i) sound insulation performance and specification of glazing and facade insulation.
Reason - To ensure the details of the proposal are acceptable and living conditions of those living near the development suitably protected.
6)
Submission of details (Full PP)
Prior to the completion of the basement floor slab, full particulars of the following shall be submitted and approved in writing by the local planning authority. The development shall not be completed otherwise than in accordance with the details so approved:
(a) details of the car club bay including location, public access and the communication requirements of the car club vehicle to the car club operator's booking system;
(b) details of the bicycle route through the site;
(c) details of the vehicle ramp to the Radnor Terrace elevation to Block 2;
(d) the provision to be made for the storage and disposal of refuse;
(e) the means of external ventilation to the car park.
Reason - To ensure the details of the proposal are acceptable and living conditions of those living near the development suitably protected and to ensure that the details of the development are satisfactory and 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 Core Strategy.
7)
Trees and landscaping - Details required
Prior to the completion of the basement floor slab, details of the treatment of the open land within the part of the site identified as Block 2, edged in blue as shown on approved drawing P002 Revision D including hard and soft landscaping and including details of the type and size of trees within the site together with detailed drawings (at Scale 1:20) showing the associated tree pits shall be submitted to and approved in writing by the local planning authority. The development shall not be completed otherwise than 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
8)
Planting and replanting
All tree and shrub planting forming part of the plans and details approved through this planning permission shall be carried out in the first planting and seeding season following the first occupation of the development or the completion of the development whichever is the sooner. Any trees or shrubs which, within a period of five years from the first planting and seeding season referred to above, die, are removed, or become seriously damaged or diseased, shall be replaced in the next planting season with others of similar size and species.
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.
9)
Details of cycle parking
Prior to the completion of the basement floor slab, details of the bicycle parking for both the residential and commercial uses shall be submitted to and approved in writing by the local planning authority. The bicycle parking shall be installed prior to the occupation of the development and retained as so approved.
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 and 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 Core Strategy.
10)
Details of electric charger points
Details of electric charger points located in the basement car park shall be submitted to and approved in writing by the local planning authority, prior to the occupation of the development. The electric charger points shall be installed prior to the occupation of the development and retained as so approved.
Reason - In order to encourage energy efficiency and sustainability in accordance with policy 6.13 of the London Plan.
11)
Parking - Provide before residential occupation
No dwelling shall be occupied until the whole of the car parking spaces shown on the approved drawings is provided, and the spaces shall thereafter be permanently retained for the parking of vehicles in connection with the residential use of the dwellings and used 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 Core Strategy.
12)
Noise from plant
Noise emitted by all building services plant and vents shall not increase the existing 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.
13)
Noise report
A noise report shall be submitted to and approved in writing by the local planning authority prior to the completion of the basement floor slab. The report shall show how the plant and equipment to be installed will comply with the requirements of Condition 12.
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.
14)
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.
15)
Noise levels in residential
Noise levels within habitable rooms of the residential dwellings shall comply with BS 8233: 2014 - Guidance on sound insulation and noise reduction for buildings. Where achieving the recommended internal levels requires windows to be closed then passive or mechanical ventilation as necessary shall also be provided.
Reason - To safeguard levels of residential amenities and comply with development plan policies, in particular policy CL5 of the Core Strategy.
16)
Contamination - Site Investigation Scheme
No development shall commence until a site investigation has been undertaken and a Quantitative Risk Assessment Report 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, and to accord with CLR 11: Model Procedures for the Management of Land Contamination (Defra 2004) or the current UK requirements for sampling and testing).
17)
Contamination - Remediation method statement
No development shall commence until a Remediation Method Statement, if required, 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.
18)
Contamination - Verification report
No development shall commence until the approved Remediation Method Statement, if required, 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
19)
Construction Environmental Management Plan (CEMP)
No development shall commence until a site specific Construction Environmental Management Plan, including consideration of the control of noise emissions including vibration from construction, a risk assessment of dust and emissions, an inventory and timetable of dust generating activities, emission control methods, appropriate air quality monitoring including reporting protocols and other items as appropriate based on the Mayor's Best Practice Guidance, 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'
20)
Low Emission Strategy required
Prior to completion of the basement floor slab, a low emissions strategy for NOx and PM10 shall be submitted to and agreed in writing by the local planning authority by the local planning authority. This strategy shall detail the measures that will be taken in order to achieve a reduction in NOx and PM10 emissions as a result of the development from both transport and all stationary combustion sources. The low emission strategy shall be undertaken in accordance with the Council's Air Quality SPD and Defra Good Practice Guidance (2010) Low Emissions Strategies. The CHP unit shall comply with the London Plan Sustainable Design and Construction SPG Band B emission standards. The development shall be carried out in accordance with the details as agreed.
Reason - To comply with the requirements of the NPPF and policy CE5 of the Core Strategy in ensuring that effects upon air quality in the area are minimised.
21)
Details of combustion/boilers
Details of the combustion boiler including thermal capacity, fuel supply and consumption, maintenance, height and diameter of exhaust stack shall be submitted to and approved in writing by the local planning authority prior to installation of the combustion boiler and shall be installed as so agreed and be so retained. Evidence must be provided to show that any chimney stack/flue will be located away from ventilation intakes or accessible areas such as balconies and roof areas and at a sufficient height to disperse the exhaust emissions. Any boilers shall have NOx emissions not exceeding 40mg/kWh of dry NOx (0% O2). Any Combined Heat and Power plant must meet the Band B emission standards in the London Plan Sustainable Design and Construction SPG. Where any combustion plant does not meet the relevant emissions standard it should not be operated without the fitting of suitable NOx abatement equipment or technology. An emissions test report must be provided on installation.
Reason: To comply with the requirements of policy CE5 of the Core Strategy in ensuring that effects upon air quality in the area are minimised.
22)
Roof structures and appliances
No water tank, lift motor room, or other structure or appliance, shall be erected upon the roof of any of the buildings hereby approved.
Reason - To safeguard the appearance of the area, in accordance with policies of the development plan, in particular policies CL1 and CL2 of the Core Strategy.
23)
No telecommunications on roof
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 local planning authority.
Reason - To safeguard the appearance of the buildings and surrounding area, in accordance with policies of the development plan in particular policies CL1, CL2 and CL6 of the Core Strategy.
24)
Hours of use
The uses hereby permitted at ground floor level to Block 1 shall not be carried out between 23:00 hours and 08:00 hours the following day.
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.
25)
No take-away
The premises at ground floor level to Block 1 shall not at any time be used for the sale of hot food for distribution or consumption off the premises.
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.
26)
No exhibitions or public worship
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 and comply with development plan policies, in particular policy CL5 of the Core Strategy.
27)
Scheme of insulation between residential and retail
Prior to the commencement of Block 1 (save for basement construction), a scheme of sound insulation for Block 1, designed to prevent the transmission of excessive airborne and impact noise between the ground floor commercial use and the residential dwellings at first floor level to building 1 shall be submitted to and approved in writing by the local planning authority. 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.
Reason - To safeguard the amenity of neighbouring premises, in accordance with development plan policies, in particular CL5 of the Core Strategy.
28)
No music audible outside
No music, musical instruments, loudspeakers or relay equipment shall be played or used within the premises at ground floor level to Block 1 so as to be audible outside the premises or cause noise nuisance to occupants of neighbouring property.
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.
29)
Limit on seats
Not more than one restaurant shall be created pursuant to this permission at ground floor level to Block 1, and the restaurant shall not provide more than 75 seats.
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.
30)
Water supply infrastructure impact study
Prior to the commencement of the development hereby permitted, impact studies of the existing water supply infrastructure shall be submitted to and agreed in writing by the local planning authority. 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.
31)
Boundary treatments
Prior to the completion of the basement floor slab, details of all proposed boundary treatments including any proposed walls, fences, or railings (including those to the private gardens to the front and rear of Block 3) shall be submitted to and approved in writing by the local planning authority. The development shall not be completed otherwise than 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 CL2 of the Core Strategy. ÿ
32)
Travel Plan - Details reserved
Prior to the completion of the basement floor slab, a framework Travel Plan shall be submitted to and approved in writing by the Local Planning Authority.
Within 3 months of first occupation, a full Travel Plan shall be submitted to and approved in writing by the Local Planning Authority and the plan shall be implemented and maintained 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 Core Strategy.
33)
Public art
Prior to occupation, details of public art to be provided on site shall be submitted to and approved in writing by the Local Planning Authority. The development shall be completed and maintained in accordance with the details so approved.
Reason - To enhance the appearance of the development.
34)
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.
35)
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.
36)
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.
37)
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 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) 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 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.