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, except as required by condition 16
Reason - The details are material to the acceptability of the proposals, and to ensure accordance with the development plan.
3)
Details to be submitted - Building 1
Full particulars of the following shall be submitted to and approved in writing by the Local Planning Authority before the development of Building 1 commences (save for demolition and below ground works) and the development shall not be carried out otherwise than in accordance with the details so approved and shall be so maintained:
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;
detailed drawings of all windows, doors, entrances, shopfronts, canopies and top storeys (including the plant screen at main roof and the glass panels throughout and the glazing panels and fritted glass at penthouse level) at scale 1:20;
detailed drawings of any proposed walls, fences, railings, balustrades and hard and soft landscaping (including tree pits and species as necessary) at scale 1:20.
detailed restoration and repair proposals for the retained fa╪ade;
details of external lighting rationale including lighting to the external terrace areas, locations; lux level; timings and fittings;
details including drawings, samples, signage and lighting of the cinema canopy at 1:20; and
details of the motorcycle parking within the basement.
details of PV panels, green wall and green roofs.
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.
4)
On site sample panel Building 1
A sample panel of facing reconstituted stone cladding as approved in condition 3 showing the proposed colour, texture, facebond, and pointing to be used on the external faces of Building 1 shall be provided on site and approved in writing by the Local Planning Authority prior to the construction of Building 1 (save for, demolition, and below ground works) and the sample panels shall be retained on site until the work is completed. The development shall not be carried out otherwise than in accordance with the details so approved and shall be so maintained.
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.
5)
Details to be submitted - Building 2
Full particulars of the following shall be submitted to and approved in writing by the Local Planning Authority before the development of Building 2 commences (save for demolition and below ground works) and the development shall not be carried out otherwise than in accordance with the details so approved and shall be so maintained:
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;
detailed drawings of all windows, doors and entrances at scale 1:20;
detailed drawings of any proposed walls, fences, railings, balustrades and hard and soft landscaping (including tree pits and species as necessary) at scale 1:20.
details of external lighting rationale including locations; lux level; timings and fittings;
details of the ground floor elevations and the residential access between buildings 1 and 2 at a scale of 1:20
detailed of PV panels and green roofs
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.
6)
On site sample panel Building 2
Sample panels of facing reconstituted stone cladding and aluminium cladding as approved in condition 5 showing the proposed colour, texture, facebond, and pointing to be used on the external faces of Building 2 shall be provided on site and approved in writing by the Local Planning Authority prior to the construction of Building 2 (save for, demolition, and below ground works) and the sample panels shall be retained on site until the work is completed. The development shall not be carried out otherwise than in accordance with the details so approved and shall be so maintained.
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.
7)
Details to be submitted - Building 3
Full particulars of the following shall be submitted to and approved in writing by the Local Planning Authority before the development of Building 3 commences (save for demolition and below ground works) and the development shall not be carried out otherwise than in accordance with the details so approved and shall be so maintained:
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;
detailed drawings of all windows, doors, entrances, signage and shopfronts at scale 1:20;
detailed drawings of any proposed walls, fences, railings, balustrades and hard and soft landscaping (including tree pits and species as necessary) at scale 1:20.
details of external lighting rationale including locations; lux level; timings and fittings;
details of PV panels and green roofs.
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.
8)
On site sample panel Building 3
Sample panels of facing brickwork and reconstituted stone cladding as approved in condition 7 showing the proposed colour, texture, facebond, and pointing to be used on the external faces of Building 3 shall be provided on site and approved in writing by the Local Planning Authority prior to the construction of Building 3 (save for, demolition, and below ground works) and the sample panels shall be retained on site until the work is completed. The development shall not be carried out otherwise than in accordance with the details so approved and shall be so maintained.
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.
9)
Details to be submitted - Building 4
Full particulars of the following shall be submitted to and approved in writing by the Local Planning Authority before the development of Building 4 commences (save for demolition and below ground works) and the development shall not be carried out otherwise than in accordance with the details so approved and shall be so maintained:
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;
detailed drawings of all windows, doors, entrances, signage, shopfronts at scale 1:20;
detailed drawings of any proposed walls, fences, railings, balustrades and hard and soft landscaping (including tree pits and species as necessary) at scale 1:20.
details of external lighting rationale including locations; lux level; timings and fittings;
details of PV panels and green roofs.
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.
10)
On site sample panel Building 4
Sample panels of facing opaque rain screen panels and ceramic facing precast panels to south elevation as approved in condition 9 showing the proposed colour, texture, facebond, and pointing to be used on the external faces of Building 4 shall be provided on site and approved in writing by the Local Planning Authority prior to the construction of Building 4 (save for, demolition, and below ground works) and the sample panels shall be retained on site until the work is completed. The development shall not be carried out otherwise than in accordance with the details so approved and shall be so maintained.
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.
11)
Details to be submitted - Building 5
Full particulars of the following shall be submitted to and approved in writing by the Local Planning Authority before the development of Building 5 commences (save for demolition and below ground works) and the development shall not be carried out otherwise than in accordance with the details so approved and shall be so maintained:
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;
detailed drawings of all windows, doors, entrances at scale 1:20;
detailed drawings of any proposed walls, fences, railings, balustrades and hard and soft landscaping (including tree pits and species as necessary) at scale 1:20.
details of external lighting rationale including locations; lux level; timings and fittings;
details of PV panels and green roofs.
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.
12)
On site sample panel Building 5
Sample panels of facing brickwork and rendered finish as approved in condition 11 showing the proposed colour, texture, facebond, and pointing to be used on the external faces of Building 5 shall be provided on site and approved in writing by the Local Planning Authority prior to the construction of Building 5 (save for, demolition, and below ground works) and the sample panels shall be retained on site until the work is completed. The development shall not be carried out otherwise than in accordance with the details so approved and shall be so maintained.
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.
13)
Details to be submitted - Townhouses
Full particulars of the following shall be submitted to and approved in writing by the Local Planning Authority before the development of the Townhouses commences (save for demolition and below ground works) and the development shall not be carried out otherwise than in accordance with the details so approved and shall be so maintained:
samples of the materials to be used on the external faces of the Townhouses, including construction drawings and a specification of the colour, tone and texture;
detailed drawings of all windows, doors, entrances and the wall to the roof terrace of Townhouse 7 at scale 1:20;
detailed drawings of any proposed walls, fences, railings, balustrades and hard and soft landscaping (including tree pits and species as necessary) at scale 1:20.
details of external lighting rationale including locations; lux level; timings and fittings;
details of PV panels and green roofs.
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.
14)
On site sample panel Townhouses
Sample panels of facing brickwork to the rear elevation and facing reconstituted stone cladding as approved in condition 13 showing the proposed colour, texture, facebond, and pointing to be used on the external faces of the Townhouse shall be provided on site and approved in writing by the Local Planning Authority prior to the construction of the Townhouses (save for, demolition, and below ground works) and the sample panels shall be retained on site until the work is completed. The development shall not be carried out otherwise than in accordance with the details so approved and shall be so maintained.
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)
Tables and Chairs
Prior to the occupation of Building 1, the details, including the location, of the proposed tables and chairs for the cinema cafe shall be submitted to and approved in writing by the Local Planning Authority and the development shall not be carried out otherwise than in accordance with the details so approved and shall be so maintained.
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.
16)
Residential Access Link
Notwithstanding the permitted drawings, the detailed design of the residential access link between Buildings 1 and 2 is not approved.
To accord with the development plan by ensuring that the character and appearance of the area are preserved.
17)
Restricting planning permission granted by GPDO - Removal of PD Rights
No extensions, additions, insertion of windows, or external alterations shall be carried out to the premises in the absence of planning permission for such development.
Reason - Although such extensions, additions, or alterations would, in the absence of this condition, constitute development permitted under the provisions of Article 3, Schedule 2, Part 1, of the Town and Country Planning (General Permitted Development) Order 2015 such development is precluded in this case because the townhouses have been designed as part of a complete architectural composition and any changes must be carefully assessed.
NB This withdrawal of permitted development rights does not remove your right to apply to the local planning authority for planning permission for development precluded through this condition, and such an application would be treated on its merits. It would be prudent to use our pre-application Advice Service before submitting such an application.
18)
Odeon Historic Assessment
No demolition of the existing Odeon building shall take place until the implementation of a programme of recording and historic analysis of the Odeon building which considers building structure, architectural detail, appropriate reinstatement and archaeological evidence has been undertaken. This programme shall be in accordance with a written scheme of investigation which has been submitted by the applicant and approved in writing by Local Planning Authority.
Reason - To secure the provision of historic building recording. 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.
19)
Noise and vibration from air-conditioning/ extraction equipment, building services plant and vents
(a)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 tonal it shall be 15 dBa 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 manufacturers 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 and not used again until it is able to comply;
(b) 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)
Sound Insulation
Prior to the commencement of superstructure to Building 1, a scheme of sound insulation, designed to prevent the transmission of excessive airborne and impact noise between the proposed non residential uses and residential uses shall be submitted to and agreed in writing by the Local Planning Authority. The sound insulation shall be installed and maintained in accordance with the details so approved and the residential dwellings shall not be occupied until the approved scheme has been fully implemented.
Reason - To ensure that no adverse affect on the amenity of future occupiers in accordance with Core Strategy Policies CL5 and CE6
21)
Odours from extraction equipment and swimming pool ventilation/ filtration equipment
(a) 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;
(b) Fumes or odours expelled from any flue serving the hygiene plant 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 Core Strategy.
22)
Parking
The whole of the car parking, motor cycle parking and bicycle parking spaces located at basement level as shown on the drawings hereby approved shall be provided before any dwellings are occupied. 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.
Reason - To ensure that adequate parking and cycle parking is provided to mitigate the impact of the development.
23)
Townhouse Garages
No more than one vehicle shall be parked within each of the garages to the Townhouses shown on drawing number G200_P_B1_001 C at any time.
Reason - To avoid adding to traffic congestion in the immediate area and comply with development plan policies in particular policy CT1 of the Core Strategy.
24)
Electric Charging Points
No dwellings shall be occupied until at least seven of the car parking spaces have been provided with active Electric Vehicle Charging Points and seven spaces have been provided with passive Electric Vehicle Charging Points.
Reason - To ensure that the proposals future proof the provision of electric vehicles and to comply with the London Plan.
25)
Tables and chairs - Limit on hours
The use of land outside the buildings for the placing of tables and chairs for commercial purposes shall not commence before 0700 hours Monday to Saturday and 0800 hours Sunday and shall cease no later than 2200 hours on any day. Outside these approved hours the tables and chairs shall be removed from the land and no customers shall be served on it.
Reason - To prevent detriment to the living conditions within nearby residential property, and to ensure unobstructed passage of pedestrians on public areas to accord with the development plan, in particular policies CL5, CT1 and CR3 of the Core Strategy.
26)
Protection of trees during construction - Details required
No development shall commence until full particulars of the method(s) by which the London Plane trees on Kensington High Street and the tree to no. 28 Pembroke Place are to be protected during site preparation, demolition, construction, landscaping, and other operations on the site including erection of hoardings, site cabins, or other temporary structures, have been submitted to and approved in writing by the local planning authority and the development shall be carried out only in accordance with the details so approved.
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 Core Strategy. 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.
27)
BREEAM Rating - New build non-residential
The non-residential floorspace shall achieve a BREEAM rating of Excellent, and none of this floorspace shall be occupied until a Post Construction Review Certificate has been issued for it 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 Core Strategy.
28)
Code for Sustainable Homes
The dwellings shall achieve Level 4 of the Code for Sustainable Homes equivalent 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.
29)
PV Cells
The PV cells shall be installed in full prior to the first occupation of the building on which they are sited and shall be maintained thereafter.
Reason - To secure acceptable CO2 savings on the site to comply with London Plan policy with regard to climate change.
30)
District Heating System
Facilities for connection to a district heating system shall be provided prior to the first occupation of the development.
Reason - To ensure that the proposals retain the ability to connect to district heating systems in the future, in accordance with London Plan policy.
31)
Sustainable Drainage System (SUDS)
The approved Sustainable Urban Drainage Systems (SUDS) measures shall be fully implemented before substantial completion of the development and maintained thereafter.
Reason - To reduce flood risk and to contribute to sustainability in accordance with policy CE2 of the Core Strategy
32)
Positive Pumped Device
Positive pumped device(s) shall be provided prior to the first occupation of the development and thereafter maintained.
Reason - To protect the development from sewer flooding.
33)
Construction Environmental Management Plan (CEMP)
No development shall commence until a site specific Construction Environmental Management Plan 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. This may be broken up into several phases and shall include consideration of the demolition phase.
Reason - To comply with the requirements of the NPPF and policies CE3, CE5, CE6, CL7 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'. 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.
34)
Details to be submitted
Full particulars of the following shall be submitted to and approved in writing by the Local Planning Authority before the occupation of the development and the development shall not be carried out otherwise than in accordance with the details so approved and shall be so maintained:
playspace;
car park ramp;
cycle parking - management of cinema patrons spaces;
retail cycle parking;
car parking layout showing disabled bays;
vehicle lift management system;
road safety audit;
front forecourt details (including drainage); and
travel plan.
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.
35)
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. This may be broken up into several phases, and shall include consideration of the demolition works. The statement(s) shall 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(s).
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, CL7 and CL5 of the Core S
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) and CL7 of the Core Strategy. 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.
37)
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 and CL7 of the Core Strategy. 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.
38)
Combustion and energy plant
(a) Boilers shall have NOx emissions not exceeding 40mg/kWh of dry NOx (at 0% O2) and CHP plant not exceeding 95mg/Nm2 (at 5% 02). The use of diesel generators shall be limited to emergency use and only for routine test purposes. Only very low sulphur fuels shall be used in the diesel generators;
(b) No CHP plant shall come into use without the fitting of the appropriate abatement equipment or technologies to meet as a minimum the Band B emissions standard (95mg/Nm2 at 5% 02). A NOX emissions test shall be carried out by an accredited laboratory.
Reason - To ensure that the proposals would have an acceptable impact on air quality and to comply with Policies as required by Core Strategy Policy CE5 and 7.14 a and c of the London Plan.
39)
Archaeology
A) No development other than demolition to existing ground level shall take place until a programme of archaeological evaluation in accordance with a written scheme has been submitted to and approved in writing by the Local Planning Authority in writing and a report on that evaluation has been submitted to the Local Planning Authority;
B) If heritage assets of archaeological interest are identified by the evaluation under Part (A), then before development other than demolition to existing ground level commences a programme of archaeological investigation in accordance with a Written Scheme of Investigation shall be submitted to and approved in writing by the Local Planning Authority. The Written Scheme of Investigation must also secure the implementation of a programme of building recording and reporting;
C) No development or demolition (other than that undertaken prior to parts (A) and (B) above being agreed) shall take place other than in accordance with the Written Scheme of Investigation approved under Part (B);
D) The development shall not be occupied until the site investigation and post investigation assessment has been completed in accordance with the programme set out in the Written Scheme of Investigation approved under Part (B), and the provision for analysis, publication and dissemination of the results and archive deposition has been secured.
Reason - To ensure appropriate evaluation of and protection to archaeology affected by construction of the development.
40)
Cinema Use
The parts of the building shown on the drawings hereby approved to be used for cinema purposes shall be used for no other purpose including any other purpose within Class D2 of the Town and Country Planning (Use Classes) Order 1987 (as amended).
Reason - The Local Planning Authority considers that this space must be used as such in order to ensure that the cultural use is adequately re-provided to an equivalent or better standard, in accordance with Core Strategy Policy CF7.
41)
Telecommunications Equipment
Notwithstanding the provisions of Article 3, Schedule 2, and Part 16 of the Town and Country Planning (General Permitted Development) Order 2015, no telecommunications equipment shall be erected on the roofs or fa╪ade 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.
42)
Use Class restriction (parts of premises)
At least 88 sq m (GIA) of the part of the premises identified on the approved drawings as being used for mixed class A1-3/D1 within the ground floor and lower ground floor of Building 3 shall be used only for class D1 use, and for no other purpose, of the Town and Country Planning (Use Classes) Order 1987, as amended, or any Order re-enacting. This space shall be independently accessible and physically separated from the remainder of the mixed class A1-3/D1 floorspace.
Reason - In order to ensure an adequate replacement for the existing class D1 floorspace on the site and thereby protect valuable social and community uses, in accordance with the development plan in articular Core Strategy Policy CK1.
43)
Delivery and Servicing Waste Management Plan (DSWMP)
No part of the development shall be occupied until a DSWMP has been submitted to and approved in writing by the Local Planning Authority. The statement should include details of the servicing and waste collection strategy for all buildings and all uses hereby approved. The development shall be operate only in accordance with the approved DSWMP.
Reason - To minimise the impact of servicing and waste collection on occupants of the development and neighbouring occupiers and on the highway network, in accordance with the policies CT1 and CE3 of the Core Strategy.
44)
Contamination - preliminary risk assessment report
No development shall commence (save for agreed demolition) until a Preliminary Risk Assessment Report comprising:
a desktop study which identifies all current and previous uses at the site and surrounding area as well as the potential contaminants associated with those uses;
information from site inspection;
a conceptual model indicating potential pollutant linkages between sources, pathways and receptors, including those in the surrounding area and those planned at the site; and
a qualitative risk assessment of any potentially unacceptable risks arising from the identified pollutant linkages to human health, controlled waters and the wider environment including ecological receptors and building materials
has been prepared in accordance with CLR 11: Model Procedures for the Management of Land Contamination (Defra 2004) or the current UK requirements for sampling and testing, and 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 policy CE7 of Miscellaneous Matters: Partial Review of the Core Strategy, adopted on 3 December 2014. 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.
45)
Contamination - Site Investigation Scheme
No development shall commence (save for agreed demolition and enabling works) until a Site Investigation Scheme (based on the approved preliminary risk assessment in condition 44) has been prepared in accordance with CLR 11: Model Procedures for the Management of Land Contamination (Defra 2004) or the current UK requirements for sampling and testing, and 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 policy CE7 of Miscellaneous Matters: Partial Review of the Core Strategy, adopted on 3 December 2014. 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.
46)
Contamination - Site investigation and quantitative risk assessment
No development shall commence (save for agreed demolition and enabling works) until a site investigation has been undertaken in compliance with the approved Site Investigation Scheme 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 policy CE7 of Miscellaneous Matters: Partial Review of the Core Strategy, adopted on 3 December 2014, 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). 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.
47)
Contamination - Remediation method statement (if required)
No development shall commence (save for agreed demolition and enabling works) 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, in particular policy CE7 of Miscellaneous Matters: Partial Review of the Core Strategy, adopted on 3 December 2014 and accord with CLR 11: Model Procedures for the Management of Land Contamination (Defra 2004) or the current UK requirements for sampling and testing. 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)
Contamination - Verification report
The development shall not be brought into use until the measures contained in the approved Remediation Method Statement have been carried out in full (if required) 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 policy CE7 of Miscellaneous Matters: Partial Review of the Core Strategy, adopted on 3 December 2014. 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.
49)
Contamination - Unexpected
If during development, contamination not previously identified is found to be present at the site, development work shall cease and not be recommenced until a report indicating the nature of the contamination and how it is to be dealt with 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 policy CE7 of Miscellaneous Matters: Partial Review of the Core Strategy, adopted on 3 December 2014, 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).
50)
Terraces - No Tall Items
No items such as plants, umbrellas, heaters, screens, trellises, or other items, which rise higher than 1100mm from finished floor/decking level, shall be affixed to or placed upon the terraces to building 1 at any time.
Reason - To preserve the appearance of the building and character of the area by ensuring the terraces are unobtrusive, in accordance with policies of the development plan, in particular policies CL1 and CL6 of the Core Strategy.
51)
Use Class restriction (parts of bldg/premises)
The parts of building 4 identified on the approved drawings as being used for B1 Office Space shall be used only for the specified purpose, 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 ensure that the accommodation meets the particular needs of the area and complies with Core Strategy policies relating to Office floor space, specifically CF5.
52)
Cinema Cafe
Full particulars of the following shall be submitted to and approved in writing by the Local Planning Authority before any above ground level development takes place on Building 1 (except for demolition and enabling works for below ground level development) and the development shall not be carried out otherwise than in accordance with the details so approved and shall be so maintained:
Details of the location and nature of operation of the ground floor cinema food and beverage provision, in the form of a management plan.
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.
53)
Overheating Analysis
No development in respect of each building save for demolition and below ground works shall take place until a scoping assessment report identifying the need for overheating analysis in respect to that building (and the assumptions to be used in the analysis) shall be submitted to and agreed in writing by the local planning authority. Where the scoping report (based on SAP design stage outputs for a given dwelling type) identifies a risk of overheating above 'slight', an overheating analysis shall be conducted for that dwelling type and any resultant 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 the local planning authority for approval prior to construction of the relevant building (save for demolition and below ground works).
Reason - To reduce the risk of potential overheating and to comply with Consolidated Local Plan Policy CE1
54)
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 site provides energy efficiency and to comply with Consiolidated Local Plan Policy CE1