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
Reason - The details are material to the acceptability of the proposals, and to ensure accordance with the development plan.
3)
Construction Traffic Management Plan (CTMP)
No development (including demolition) 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 CL7, CT1 and CL5 of the Consolidated Local Plan. It is necessary for the condition to be on the basis that 'No
4)
Submission of details (Full PP)
No development shall commence until full particulars of the following have been submitted to and approved in writing by the local planning authority and the development shall not be completed otherwise than in accordance with the details so approved:
(a) Detailed drawings of the shop fronts of all commercial units to a scale of 1:20 including the timber shopfronts of 66- 70 Notting Hill Gate and new shopfronts of 72-74 Notting Hill Gate;
(b) Details of the materials and finishes to be used on the rear elevation, including details of window reveals, cills and the dressings of window headers;
(c) Detailed drawings of the junction and side return between 70 and 72 Notting Hill Gate.
(d) Details of the materials and finish of the balustrade to the main roof level of 72-74 Notting Hill Gate.
Reason - To accord with the development plan by ensuring that the character and appearance of the area are preserved and living conditions of those living near the development suitably protected. 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.
5)
Details of Green Roofs
Full particulars of the green/ sedum roofs shall be submitted to and approved in writing by the Local Planning Authority before the relevant part of the development hereby permitted commences. These details shall include a section through the green roofs demonstrating their depth, mix of materials, drainage and the species of plants it will contain. The development shall not be carried out otherwise than in accordance with the details so approved and shall be so maintained.
Reason - To ensure the sucess of the green roofs in slow surface water run off and to ensure a high quality design and appearance as required by policies of the Consolidated Local Plan.
6)
Sash windows in painted timber
All windows hereby permitted to 66-70 Notting Hill Gate above the ground floor level, including those in the main elevations and at roof level, shall be timber framed, painted, double hung, sliding sashes, and so maintained.
Reason - To preserve or enhance the appearance of the building and/or the character of the area, in accordance with policies of the development plan in particular policies CL1, CL2 and CL3 of the Consolidated Local Plan.
7)
Roof slopes and dormer windows
The roof slopes of the roof extension to 66- 70 Notting Hill Gate shall be clad in natural slates and the cheeks of the dormer windows shall be clad in lead and be so maintained.
Reason - To preserve or enhance the appearance of the building and/or the character of the area, in accordance with policies of the development plan in particular policies CL1, CL2 and CL3 of the Consolidated Local Plan.
8)
Materials - To match existing
All work and work of making good to the front and eastern elevations of 66- 70 Notting Hill Gate shall be finished to match the existing exterior of the buildings in respect of materials, colour, texture, profile and, in the case of brickwork, facebond and pointing, and shall be so maintained.
Reason - To preserve or enhance the appearance of the building and/or the character of the area in accordance with policies of the development plan in particular policies CL1, CL2, CL3 and CL6 of the Consolidated Local Plan.
8)
Protection of trees during construction - Details required
No development shall commence until full particulars of the methods by which all existing street trees on the adjacent footway 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, shall be 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 Consolidated Local Plan. 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.
9)
Submission of details (Full PP)
No development shall commence until full particulars of the following have been submitted to and approved in writing by the local planning authority and the development shall not be completed otherwise than in accordance with the details so approved:
(a) Samples of all external facing materials to 72- 74 Notting Hill Gate
(b) A sample of the proposed brickwork the rear elevation of 66- 70 Notting Hill Gate to include details of mortar and pointing and the brick bonding pattern.
Reason - To accord with the development plan by ensuring that the character and appearance of the area are preserved and living conditions of those living near the development suitably protected. 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.
10)
Provide cycle storage prior to occupation
The development shall not be occupied until the cycle storage facilities indicated on the approved plans have been fully implemented and made available for immediate use. The cycle facilities shall thereafter be retained for use at all times.
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 Consolidated Local Plan.
11)
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.
Reason - To comply with the requirements of the NPPF and policies CE3, CE5, CE6, and CL5 of the Consolidated Local Plan 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.
12)
Low Emission Strategy required
No development shall commence until a Low Emission Strategy has been submitted to, and approved in writing by, the local planning authority. The Strategy shall demonstrate the total emissions and per unit/area from the existing use of the site and the new development, including transport sources and all combustion plant including, boilers, energy plant and emergency generators, and detail the measures that will be taken to achieve a reduction in emissions of NOx and PM10, and the selected solutions should have the least impact on local emissions of NOx and PM10, and the development shall be carried out only in accordance with the Strategy so approved.
Reason - To comply with the requirements of the NPPF and policy CE5 of the Consolidated Local Plan in ensuring that effects upon air quality in the area are minimised. 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.
13)
Accessibility
All residential units hereby approved shall achieve compliance with optional requirement M4(2) of the building regulations and none of the specified units shall be occupied until Building Regulations approval has been issued certifying that these criteria have been achieved.
Reason - To ensure satisfactory provision for people with disabilities and meet the changing needs of households in accordance with development plan policies in particular policy CH2 of the Consolidated Local Plan.
14)
Wheelchair Adaptable Units
Residential units 101 and 102 as shown on approved drawing number 101 shall achieve compliance with optional requirement M4(3)(2)(a) of the building regulations and none of the specified units shall be occupied until Building Regulations approval has been issued certifying that these criteria have been achieved.
Reason - To ensure satisfactory provision for people with disabilities and meet the changing needs of households in accordance with development plan policies in particular policy CH2 of the Consolidated Local Plan.
15)
The commercial units hereby permitted at the ground and basement levels shall not be occupied until a final Servicing and Delivery Management Plan has been submitted to and approved in writing by the Local Planning Authority. The uses shall operate in accordance with the approved plan.
Reason - To prevent the commercial uses causing undue traffic congestion and to comply with policies CT1 and CR7 of the Consolidated Local Plan 2015.
16)
Noise from building services plant and vents
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 the source is tonal it shall not exceed a level 15dBA 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 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 Consolidated Local Plan.
17)
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 Consolidated Local Plan.
18)
The areas of flat roof at the rear of the building at first and third floor levels labelled 'Green Roof' on drawings 101 and 103 and the area of flat roof labelled 'Sedum Flat Roof' on drawing 105 shall not be used as roof terraces.
Reason- To protect the living conditions of the adjacent properties and to ensure a high quality townscape, to comply with policies CL1, CL2 and CL5 of the Consolidated Local Plan 2015.
19)
BREEAM Rating - Conversion to Residential
The residential units floorspace shall achieve a BREEAM rating of Excellent for domestic refurbishment including the minimum standards of excellent for energy and 80% or more of the unweighted credits in the waste category.
Reason - To ensure that the development contributes to the attainment of sustainable development and to comply with policy CE1 of the Consolidated Local Plan.
20)
Contamination - preliminary risk assessment report
No development shall commence (save for 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 the Consolidated Local Plan. 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.
21)
Contamination - Site Investigation Scheme
In the event that potential risks are identified by condition 20, no development shall commence (save for demolition) until a Site Investigation Scheme 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 the Consolidated Local Plan. (You are advised that the Scheme must be based upon and target the risks identified in the approved preliminary risk assessment and shall provide provisions for, where relevant, the sampling of soil, soil vapour, ground gas, surface and groundwater, and will be a matter of public record). 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.
22)
Contamination - Site investigation and quantitative risk assessment
In the event that potential risks are identified by condition 20, no development shall commence (save for demolition) 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 the Consolidated Local Plan, 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.
23)
Contamination - Remediation method statement
In the event that potential risks are identified by condition 20, no development shall commence (save for demolition) until a Remediation Method Statement 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 the Consolidated Local Plan and accord with CLR 11: Model Procedures for the Management of Land Contamination (Defra 2004) or the current UK requirements for sampling and testing.
24)
Contamination - Verification report
In the event that potential risks are identified by condition 20, no development shall commence (save for demolition) until the approved Remediation Method Statement 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 policy CE7 of the Consolidated Local Plan.
25)
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 the Consolidated Local Plan, 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).