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)
Demolition Environmental Management Plan
No demolition works shall be undertaken on each demolition Phase until a site specific Demolition Environmental Management Plan for each phase has been submitted to and approved in writing by the local planning authority for the following demolition phases of the development:
The demolition of 33 - 35 Brompton Road; and
Demolition of the remainder of the site.
This shall include a risk assessment and appropriate mitigation measures to minimise dust and emissions based on the Mayor's Best Practice Guidance (The Control of Dust and Emissions from Construction and Demolition) or the London Plan control of emissions from construction and demolition SPG. The report shall also include an inventory and timetable of dust generating activities, emission control methods and where appropriate air quality monitoring. The works shall only be carried out in accordance with the approved plan for each demolition phase.
Reason - To minimise the impact of the proposed demolition on the amenity of neighbouring occupiers and to comply with policies of the development plan in particular policies CL5 and CE6 of the Consolidated Local Plan and the requirements of the NPPF and Policy 7.14 b of the London Plan. It is necessary for the condition to be on the basis that 'No demolition works shall be undertaken 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.
4)
Construction Environmental Management Plan
No construction works shall be undertaken until a site specific Construction Environmental Management Plan has been submitted to and approved in writing by the local planning authority. This shall include a risk assessment and appropriate mitigation measures to minimise dust and emissions based on the Mayor's Best Practice Guidance (The Control of Dust and Emissions from Construction and Demolition) or the London Plan control of emissions from construction and demolition SPG. The report shall also include an inventory and timetable of dust generating activities, emission control methods and, where appropriate, air quality monitoring. The works shall only be carried out in accordance with the approved plan.
Reason - To minimise the impact of the proposed construction on the amenity of neighbouring occupiers and to comply with policies of the development plan in particular policies CL5 and CE6 of the Consolidated Local Plan. It is necessary for the condition to be on the basis that 'No construction works shall be undertaken 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)
Demolition Traffic Management Plan (DTMP)
No demolition shall commence on each demolition phases until a Demolition Traffic Management Plan for each phase has been submitted to and approved in writing by the local planning authority for the following demolition phases of the development:
The demolition of 33 - 35 Brompton Road; and
Demolition of the remainder of the site.
The statement shall include:
routeing of demolition vehicles, including a response to existing or known projected major building works at other sites in the vicinity and local works in the highway;
access arrangements to the site;
the estimated number and type of vehicles per day/week;
details of any vehicle holding area;
details of the vehicle call up procedure;
estimates for the number and type of parking suspensions that will be required;
details of any diversion or other disruption to the public highway during preparation, demolition work associated with the development;
work programme and/or timescale for each phase of preparation demolition, and excavation work associated with the development;
details of measures to protect pedestrians and other highway users from demolition activities on the highway;
a strategy for coordinating the connection of services on site with any programme work to utilities upon adjacent land; and
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 Demolition Traffic Management Plan for each demolition phase.
Reason - To minimise the impact of demolition works upon highway safety and nearby residents' enjoyment of their properties in accordance with the Basements SPD and policies CT1 and CL5 of the Consolidated Local Plan. It is necessary for the c
6)
Construction Traffic Management Plan (CTMP)
No construction works shall commence until a Construction Traffic Management Plan has been submitted to and approved in writing by the local planning authority.ÿ The statement should include:
a)ÿ 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)ÿ access arrangements to the site;
c)ÿ the estimated number and type of vehicles per day/week;
d)ÿ details of any vehicle holding area;
e)ÿ details of the vehicle call up procedure;
f)ÿÿ 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)ÿ work programme and/or timescale for each phase of preparation, demolition, excavation and construction work associated with the development;
i)ÿÿ details of measures to protect pedestrians and other highway users from construction activities on the highway;
j)ÿ a strategy for coordinating the connection of services on site with any programme work to utilities upon adjacent land; and
k)ÿ 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 Basements SPD and policies CL7, CT1 and CL5 of the Consolidated Local Plan.ÿ It is necessary for the condition to be on the basis that 'No construction works shall comme
7)
Delivery, Service and Waste Management Plan - Commercial Uses
Prior to occupation of any commercial use within the site, an updated delivery, service and waste management plan for the commercial uses within the site detailing the delivery, servicing, refuse and recycling storage facilities and arrangements for those uses shall be submitted to and approved in writing by the Local Planning Authority and fully implemented and made available for immediate use in accordance with the approved details. The facilities shall thereafter be retained for use at all times and the servicing and delivery arrangements of the commercial uses carried out in accordance with the approved details.
Reason - To prevent any significant disturbance to residents of nearby properties and the surrounding highway and comply with development plan policies, in particular policies CT1, CL5 and CE5 of the Consolidated Local Plan.
8)
Servicing and Waste Management Plan- Residential
Prior to occupation of any residential unit, a Servicing and Waste Management Plan for all residential uses shall be submitted to and approved in writing by the Local Planning Authority. The residential uses shall be managed in accordance with the approved plan.
Reason - To ensure satisfactory arrangements which safeguard highway and pedestrian safety and to comply with policies CT1, CE3 and CR7 of the Consolidated Local Plan.
9)
Cycle Parking
Notwithstanding the details shown on the approved plans, prior to commencement of the above ground works, details shall be submitted to, and approved in writing by the Local Planning Authority, of all bicycle storage facilities across the site including the type of storage and the allocation of the spaces to the uses across the development. The revised drawing shall demonstrate the provision of Sheffield stands and the development shall be carried out in accordance with the approved amended drawings.
Reason - To ensure a satisfactory cycle parking layout and standard of cycle parking facilities and to comply with policy CT1 and CR4.
10)
Travel Plan - Residential
The development shall be carried out in complete accordance with the Residential Travel Plan. The travel plan shall be monitored and reviewed in accordance with any targets within the plan, and such record made available upon request by the local planning authority.
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)
Road Safety Audit
Prior to commencement of the development (save for demolition, below ground works and temporary works) a combined Stage 1 and Stage 2 Road Safety Audit of the vehicular access on Basil Street shall be undertaken and submitted to, and approved in writing by the Local Planning Authority.
Reason - To inform the layout of the new junction and to ensure the creation of a safe and high quality pedestrian environment, to comply with policies CT1 and CR3 of the Consolidated Local Plan.
12)
Electric Charging points
Prior to occupation of any use within the development, details of electric charging points for the basement car parking shall be submitted to, and approved in writing by the Local Planning Authority. The electric charging points shall be installed in accordance with the approved details and be so maintained.
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.
13)
Car Stackers
Prior to occupation of the first residential unit, details of the car stackers to be provided within the basement car park shall be submitted to and approved in writing by the Local Planning Authority. The car stacker shall be installed in accordance with the approved details prior to occupation of the residential units and be so 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 Consolidated Local Plan.
14)
Motorcycle Parking
Prior to occupation of the first residential unit, the motorcycle parking shall be provided in accordance with the approved details and maintained thereafter.
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.
15)
Vehicular access
Prior to commencement of the development (save for demolition, below ground works and temporary works) details of the following shall be submitted to and approved in writing by the Local Planning Authority:
Details of how the security desk would overlook and have direct access to the vehicular access area; and
Details of the threshold levels of the off street vehicular access.
The development shall be carried out in accordance with the approved details and maintained thereafter.
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.
16)
Lighting to Hoopers Court
Prior to occupation of any of the uses on the site, details of the public lights in Hoopers Court shall be submitted and approved in writing by the Local Planning Authority. The public lighting shall be installed in accordance with the approved details prior to occupation of any of the uses and maintained thereafter.
Reason - To ensure the safe movement of pedestrians, in accordance with policies of the development plan in particular policy CT1 of the Consolidated Local Plan.
17)
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 Basements SPD and policy CL7 of the Consolidated Local Plan 2015. 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.
18)
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 Basements SPD and policy CL5 of the Consolidated Local Plan 2015. 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)
BREEAM Rating - New build non-residential
The non-residential floorspace hereby approved, with the exception of the retail units, shall achieve a BREEAM rating of Excellent including all of the office and restaurant/bar floor space. The retail units hereby approved shall achieve a BREEM rating of Very Good. None of the non-residential floorspace hereby approved other than the retail units shall be occupied until a design stage interim Excellent certificate has been achieved. None of the retail units hereby approved shall be occupied until a design stage interim Very Good certificate has been achieved. Following the occupation of the non-residential floorspace, with the exception of the retail units, a post construction review certificate, certifying that a BREEAM rating of excellent has been achieved, shall be submitted to the Local Planning Authority within 1 year of the occupation.
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)
Energy Performance
The dwelling(s) shall achieve Level 4 of the Code for Sustainable Homes equivalent in relation to energy performance and none shall be occupied until a final Code Certificate has been issued for it certifying that Code Level 4 equivalent for this criterion has been achieved.
Reason - To ensure that the development contributes to the attainment of sustainable development and to comply with policy CE1 of the Consolidated Local Plan.
21)
Water Efficiency
The dwellings shall achieve compliance with optional requirement G2 (2) (b) and no dwellings shall be occupied until Building Regulations approval has been issued for it certifying that these criteria have been achieved.
Reason - To ensure that the development contributes to the attainment of sustainable development and to comply with policy CE1 of the Consolidated Local Plan.
22)
Accessibility
At least 90% of residential units within the development shall achieve compliance with optional requirement M4(2) of the building regulations and at least 10% shall achieve compliance with optional requirement M4(3)(2)(a) of the building regulations. Prior to commencement of above ground works, plans demonstrating which of the units will achieve these standards should be submitted to and approved in writing by the Local Planning Authority. 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(b) of the Consolidated Local Plan.
23)
Hours of operation - Roof top bar/restaurant
The use of the roof top bar/restaurant shall not be carried out other than between 08:00 hours and 23:30 hours Monday to Saturday and between 09:00 and 23:00 on Sundays.
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.
24)
Hours of operation - Terrace to roof top bar/restaurant
The terrace to the roof top bar/restaurant shall not be used other than between 08:00 hours and 22:00 hours on any day.
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.
25)
No music audible outside
No music, musical instruments, or loudspeakers shall be played or used within the premises forming the subject of this permission so as to be audible outside 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 Consolidated Local Plan.
26)
Noise from building services plant and vents
Prior to commencement of development, save for demolition and excavation of the basement, a noise survey and report shall be submitted and approved in writing by the Local Planning Authority. The report shall show how noise emitted by all building services plant and vents shall not exceed a level 10dBA below the existing lowest LA90(10min) 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 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.
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.
27)
Anti-vibration mounts for air-conditioning/ extraction equipment
The plant and lifts 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.
28)
Combustion plant
Prior to installation of any combustion plant, evidence must be submitted to and approved in writing by the Local Planning Authority to show that any chimney stack/flue will be located so that it is away from ventilation intakes or accessible areas and at a sufficient height and discharge velocity to disperse the exhaust emissions. Details of the selected combustion plant (including abatement equipment), their emissions (and maintenance schedule) shall be provided. This should demonstrate that boilers shall have NOx emissions not exceeding 40mg/kWh of dry NOx (at 0% O2) and CHP plant not exceeding Band B emissions standard of the Sustainable Design and Construction SPG. The development shall be carried out in accordance with the approved details and maintained thereafter.
Reason - To comply with Consolidated Local Plan Policy CE5 and 7.14 a and c of the London Plan.
29)
Combustion plant
Prior to occupation of any use within the site, the CHP plant shall be fitted with abatement equipment or technologies to meet as a minimum the Band B emissions standard.ÿ A NOX emissions test must be carried out by an accredited laboratory/competent person and the certificate and equipment maintenance schedule submitted to and approved in writing by the Local Planning Authority. The CHP plant must be fitted with the approved details prior to operation and maintained thereafter in accordance with the approved details.
Reason: To comply with Consolidated Local Plan Policy CE5 and 7.14 a and c of the London Plan.
30)
Odours from extraction equipment
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.
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.
31)
Facade construction details
Prior to commencement of the development, save for demolition and excavation of the basement, full facade construction details of the external facades, including facade performance and glazing, with commensurate composite sound insulation performance predictions, shall be submitted to and approved in writing by the Local Planning Authority. The approved details shall show that noise levels within habitable rooms shall comply with the recommendations of BS8233: 2014 'Sound insulation and noise reduction for buildings' and and the recommendation set out within Table 9 (page 12) of the Acoustics Planning Report (prepared by Vanguardia Consulting, dated 6 January 2016, ref. VC-101974-AA-RP-0004). The development shall be constructed in accordance with the approved details.
Reason - To safeguard the amenity of neighbouring properties and to comply with development plan policies, in particular Policy CL5 of the Consolidated Local Plan.
32)
Sound insulation
Prior to commencement of the development, save for demolition and excavation of the basement, a scheme of sound insulation, designed to meet the recommended airborne and impact sound insulation performance criteria as detailed within Tables 11 and 12, pages 15 and 16, of the Acoustics Planning Report (prepared by Vanguardia Consulting, dated 6 January 2016, ref. VC-101974-AA-RP-0004), shall be submitted to and approved in writing by the Local Planning Authority. The sound insulation shall be installed and maintained in accordance with the approved details. The residential dwellings shall not be occupied until the approved scheme has been fully implemented.
Reason - To safeguard the amenity of neighbouring properties and to comply with development plan policies, in particular Policy CL5 of the Consolidated Local Plan.
33)
Level access to shop
The shopfronts hereby approved shall include level access from the pavement to the interior, with no step at the door.
Reason - To ensure accessibility to people with mobility difficulties and so accord with policies of the development plan, in particular CL2 of the Consolidated Local Plan.
34)
Use of roof as terrace precluded
Except as shown on the approved plans, the roof of the buildings, including the roof spaces identified as accessible, forming the subject of this permission, shall not be used at any time as a terrace.
Reason - To avoid overlooking and disturbance to neighbouring properties and so accord with policies of the development plan, in particular policy CL5 of the Consolidated Local Plan.
35)
Contamination - preliminary risk assessment report
No development shall commence 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 Consolidated Local Plan policy CE7. 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.
36)
Contamination - Site Investigation and quantative risk assessment
No development shall commence (save for demolition) until a Site Investigation Scheme has been undertaken and 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 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 Consolidated Local Plan policy CE7 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.
37)
Contamination - Remediation method statement
No development shall commence (save for demolition) 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 Consolidated Local Plan policy CE7 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.
38)
Contamination - Verification report
On completion of the basement excavation, if required, the details set out in the approved Remediation Method Statement shall be carried out in full and a Verification Report shall be submitted to and approved in writing by the Local Planning Authority which addresses the following:
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.
Reason - To ensure any risks from land contamination are minimised, and comply with the NPPF and development plan policies, in particular Consolidated Local Plan policy CE7.
39)
Contamination - Unexpected
If during development, contamination not previously identified is found to be present at the site, development work in the relevant area 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).
40)
Ventilation and extraction
Prior to occupation of each use within the site, details of the ventilation and extraction equipment (including any acoustic screening) in relation to the relevant use shall be submitted to and approved in writing by the Local Planning Authority. The equipment shall be installed in accordance with the approved details and so maintained.
Reason - To accord with the development plan by ensuring that the living conditions of those living near the development suitably protected.
41)
Details of hard and soft landscaping
Prior to occupation of any of the uses, a scheme of hard and soft landscaping shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall include:
Details of all proposed trees and shrubs;
Details of all paths/shared surfaces within the site;
Details of all surfacing materials; and
Details of the roof top planting to the roof top bar.
The development shall be completed in accordance with the approved details.
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 Consolidated Local Plan.
42)
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 Consolidated Local Plan.
43)
Operational Management Plan
The use of the roof top bar/restaurant hereby approved shall not commence until a detailed operational management plan for the use has been submitted to and approved by the Local Planning Authority.
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.
44)
Drainage Strategy
Prior to occupation of the first residential unit, the following measures shall be installed and made available for use and maintained thereafter:
a suitable pumped device to protect the basement from sewer flooding as detailed in the Flood Risk Assessment and shown on the proposed sub basement drainage layout;
waterproofing of the basement as detailed in the Flood Risk Assessment;
to ramp up the new vehicular access off Basil Street above the highway to reduce any potential surface water flooding from the highway, as proposed in the Flood Risk Assessment; and
the provision of SuDS in the form of: 128m3 of surface water attenuation capacity in an underground tank and soft landscaping, green roof, green walls and trees to be located on the second floor podium, as proposed in the Drainage Management Plan and the proposed plans.
Reason - To reduce flood risk and to contribute to sustainability in accordance with policies CE2 and CL7 of the Consolidated Local Plan.
45)
Ecological/Biodiversity Measures
Prior to the first occupation of the first residential unit, the recommendations contained in section 5 and 6 of the Ecological Appraisal prepared by Waterman Infrastructure & Environment Limited dated January 2016, shall be carried out in full and shall be so maintained.
Reason - To adhere to policies CR5, CR6 and CE4 of the Consolidated Local Plan 2015.
46)
Submission of details (Full PP)
Prior to the commencement of development, save for demolition and excavation of the basement, full particulars of the following 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:
Samples of materials to be used on the external faces of the building, including samples of the vitreous enamel, perforated metal cladding, cast aluminium and stone;
Sample panel of the facing brickwork panels showing the proposed colour, texture, facebond and pointing;
Elevational details of the loading bay to Basil Street when open at a scale of 1:20;
Cross section and plans through typical window and doorway in each building showing how the retained street elevation is tied into the new development at a scale of 1:5;
Cross section and elevation details of window openings through the new Hooper's Court elevation at a scale of 1:5;
Section and elevation details of the dormer windows at a scale of 1:5;
Elevation details of all new entrances, including the loading bay doors to Basil Street, at a scale of 1:5;
Elevation and section details of the roof top plant and enclosures at a scale of 1:5;
Details of the cupola, raised party walls and chimneys at a scale of 1:20; and
Details of any external lighting to the buildings.
Reason - To accord with the development plan by ensuring that the character and appearance of the area are preserved..
47)
Windows in painted timberÿÿÿÿ
To the retained front facade on Brompton Road, Sloane Street and Basil Street, except where the existing windows are casement windows, all replacement external windows hereby permitted shall be timber framed and white painted, with the windows being double hung, sliding sashes, and so maintained.
Reason - To preserve the appearance of the building and the character of the area, in accordance with policies of the development plan in particular policies CL1, and CL2 of the Consolidated Local Plan.
48)
Signage Strategy
Prior to the first occupation of each of the retail units, details of the shopfront signage and incorporated ventilation including elevation drawings (at Scale 1:20) and plan and section drawings (at Scale 1:5) shall be submitted to and approved in writing by the local planning authority. The development shall be completed in accordance with the approved details
Reason - To accord with the development plan by ensuring that the character and appearance of the area are preserved.
49)
Submission of details - Oxblood tiling
Prior to commencement of development, save for demolition and excavation of the basement, a method statement for the restoration of the Oxblood tiling to Hoopers Court and Basil Street shall be submitted to and approved in writing by the local planning authority and the works shall be carried out in accordance with the approved details
Reason - To accord with the development plan by ensuring that the character and appearance of the area are preserved.
50)
Submission of details - Roof top restaurant
Prior to commencement of development, save for demolition and excavation of the basement, further section and elevation details of the structure housing the roof top bar/restaurant, including details of the louvres and openings, shall be submitted to and approved in writing by the local planning authority and the works shall be carried out in accordance with the approved details
Reason - To accord with the development plan by ensuring that the character and appearance of the area are preserved.
51)
Submission of details - Shopfronts
Prior to commencement of development, save for demolition and excavation of the basement, details of all shopfronts, including shop windows to Hoopers Court, vents and elevations (at Scale 1:20) shall be submitted to and approved in writing by the local planning authority and the development shall not be completed otherwise that in accordance with the details so approved
Reason - To accord with the development plan by ensuring that the character and appearance of the area are preserved.
52)
Demolition and Construction
Prior to commencement of development, a risk assessment shall be undertaken and the appropriate mitigation measures to minimise dust and emissions incorporated into a site specific Demolition and Construction Management Plan based on the Mayor's SPG 'The Control of Dust and Emissions during Construction and Demolition' which shall be submitted to and approved in writing by the Local Planning Authority.ÿThis should include an inventory and timetable of nitrogen dioxide and particulate matter generating activities including Non-Road Mobile Machinery, emission control methods and air quality monitoring. The development shall be carried out in accordance with the approved details.
Reason - To comply with the requirements of the NPPF, Policy 7.14 b of the London Plan, and Policy CE5 of the Consolidated Local Plan. It is necessary for the condition to be on the basis of 'Prior to commencement' 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.
53)
Low Emission Strategy
Prior to commencement of the development, save for demolition and excavation of the basement, a low emission strategy shall be submitted to and approved in writing by the Local Planning Authority. This should include a comparison of emissions against London Plan emission benchmarks for buildings and transport and Band B emission standards for combustion plant and include measures to reduce emissions from the operational development. The strategy shall detail the emission reduction strategies to be incorporated including proposals for boiler /plant abatement equipment, including the calculation of the appropriate chimney height. Measures for transport emissions should include electric charging facilities in parking areas, permit free and a travel plan. The development shall be carried out in accordance with the approved details.ÿ
Reason - To comply with Consolidated Local Plan Policy CE5 and 7.14 a and c of the London Plan.
54)
Ventilation
Prior to the commencement of the development, save for demolition and excavation of the basement, details of a system of mechanical ventilation, with filtration to remove airborne pollutants for residential properties shall be submitted to and agreed in writing by the Local Planning Authority. Filtration should ensure that the national Air Quality Objectives for Nitrogen Dioxide (NO2) and Particulate Matter (PM10) are not exceeded in residential properties. The mechanical ventilation shall be installed prior to occupation of the residential units, in accordance with the approved details, and maintained thereafter in accordance with the approved details. The system shall be checked and maintained annually, filtration media replaced as necessary and an annual report submitted to the Local Planning Authority for approval.
Reason - To comply with Consolidated Local Plan Policy CE5 and 7.14 b of the London Plan.
55)
Change of use (GPDO restriction)
Notwithstanding any rights under the Town and Country Planning (Use Classes) Order 1987 (as amended) and the Town and Country Planning (General Permitted Development) Order 2015, the retails units as shown on the approved plans shall not be used for any purpose other than for the retail sale of goods to members of the public.
Reason - Although such use would, in the absence of this condition, be permitted under the provisions of Article 3, Schedule 2, Part 3, of the Town and Country Planning (General Permitted Development) Order 2015 the use is precluded in this case to ensure that the proposals do not harm the viability and vitality of the Knightsbridge International Shopping Centre.
56)
Restricting planning permission granted by GPDO - Removal of PD Rights
Notwithstanding any rights under Schedule 2 Part 16 of the Town and Country Planning (General Permitted Development) (England) Order 2015, except that which is shown on the approved plans, no further communications equipment shall be located at roof level without the express grant of planning permission.
Reason - Although such porposals would, in the absence of this condition, be permitted under the provisions of Schedule 2, Part 16, of the Town and Country Planning (General Permitted Development) Order 2015 the proposals are precluded to ensure that the proposals preserve the character and appearance of the conservation area.
57)
Change of use (GPDO restriction)
The office accommodation hereby approved shall not be used, at any time, for purposes other than within Class B1 of the Town and Country Planning (Use Classes) Order 1987 (as amended).
Reason - The use of the building for purposes other than B1 would unacceptably harm the Borough's stock of offices, contrary to policy CF5 of the Consolidated Local Plan.