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Property details

Case reference: PP/16/01412
Address: 201-207 Kensington High Street, LONDON, W8 6BA
Ward: Abingdon
Polling district: 01
Listed Building Grade: 2
Conservation area: Cornwall

Applicant details

Applicant's name: 201 Ken Ltd
Applicant company name: Savills
Contact address: 33 Margaret Street London W1G 0JD

Proposal details

Application type: PP (Planning permission)
Proposed development Redevelopment of site involving retention and restoration of front facade, erection of two additional storeys and alteration and extensions to rear first and second floor levels to provide 14 residential units (4 x 1 bed, 9 x 2 beds and 1 x 3 beds), creation of additional basement level to provide for a gym, alteration of existing basement level to provide improved retail floorspace; provision of new shop fronts. (MAJOR DEVELOPMENT)
Date received: 07 Mar 2016
Registration date:
(Statutory start date)
21 Apr 2016
Public consultation ends: 20 May 2016
Application status: Decided
Target date for decision: 21 Jul 2016

Decision details

This case has not yet been decided.

Decision: Permission granted, SUBJECT to S.106 ag.
Decision date: 18 Jan 2017
Conditions and reasons:

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)

Submission of details Detailed drawings or samples of materials as appropriate, in respect of the following, shall be submitted to and approved in writing by the Local Planning Authority before the relevant part of the work is begun and the works shall not be carried out other than in accordance with the details so approved and shall thereafter be so maintained: (a) External facing brickwork (sample panel to show colour, texture, facebond and pointing) (b) Details and sample of new window and door frames (c) Sample of any metal sheet material for roof addition (d) Details of metal balustrades (e) Details of balcony means of enclosure
Reason - In order to safeguard the character and appearance of the streetscene and views from the conservation area.

4)

Cycle storage Detailed drawings in respect of the following, shall be submitted to and approved in writing by the Local Planning Authority before the relevant part of the work is begun: (a) Details on long stay cycle parking and showering/changing facilities for the residential, retail and gym units.
Reason - In order to comply with London Plan Policy.

5)

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.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 development shall commence until" as

6)

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.

7)

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.

8)

Roof structures and appliances No water tank, lift motor room, or other structure or appliance, shall be erected upon the roof.
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 CL6 of the Consolidated Local Plan.

9)

Restricting planning permission granted by GPDO - Removal of PD Rights 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. (C070)
Reason - Although such works would, in the absence of this condition, constitute development permitted under the provisions of Article 3, Schedule 2, Part 16, of the Town and Country Planning (General Permitted Development) Order 2015 (as amended) such development is precluded in this case because it would harm the character and appearance of the building and area.

10)

Terrace Use The roof of the building hereby permitted shall not be used at any time as a terrace without a further planning permission. (C079)
Reason - To protect the privacy and amenity of neighbouring property. (R079)

11)

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.

12)

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.

13)

Noise mitigation In order to comply with condition 12, the noise mitigation measures, of the performance and specification as described in sections 9.2 and 9.4, of the Environmental Noise Survey and Plant Noise Assessment Report (prepared by Hann Tucker, dated 16 June 2014 ref. 20269/PNA1), shall be adopted and implemented in full.
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.

14)

Sound Insulation between dwellings Before the use hereby permitted commences, the residential premises shall be sound insulated so as to prevent the transmission of excessive airborne and impact noise from and between the adjoining dwellings in accordance with details to be submitted to, and approved in writing by, the Local Planning Authority, in consultation with the Director for Environmental Health. Sound insulation values shall be enhanced by 5dB (for DnT,w and LnT,w values) above the minimum requirements of Approved Document E where the horizontal layout of rooms in separate dwellings differs. The sound insulation shall be installed only in accordance with the details so approved and shall be so maintained.
Reason - To prevent any significant disturbance to the residents of the properties and comply with development plan policies, in particular policy CL5 of the Consolidated Local Plan.

15)

Sound Insulation - dwellings to non-residential No development shall take place before a scheme of sound insulation, designed to prevent the transmission of excessive airborne and structure-borne noise between the proposed non-residential and residential uses has been submitted to and approved in writing by the Executive Director of Planning and Borough Development in consultation with the Bi-Borough Director for Environmental Health. For retail and B1 office use for normal daytime hours of business, the sound insulation performance shall achieve a minimum 5dB increase in the minimum requirements in ADE. For uses that would be subject to the Licensing Act, then a full assessment of the required sound insulation performance will be required that achieves NR15 in the adjoining residential dwelling. The sound insulation shall be installed and maintained only in accordance with the details so approved. The residential dwelling(s) shall not be occupied until the approved scheme has been fully implemented.
Reason - To prevent any significant disturbance to the residents of the properties and comply with development plan policies, in particular policy CL5 of the Consolidated Local Plan.

16)

Sound Insulation - Facade Fa╪ade sound insulation including glazing shall be of a standard to achieve noise levels within bedrooms and living rooms of the proposed residential dwellings as recommended in Table 4 of BS 8233: 2014 'Guidance on sound insulation and noise reduction for buildings'. A current noise survey and noise modelling report shall be prepared to determine the current existing and predicted noise levels at the residential facades. Details of the facade construction, including glazing, with commensurate composite sound insulation performance predictions shall be submitted to and approved in writing by the Executive Director, Planning and Borough Development, in consultation with the Director of Environmental Health prior to the commencement of the relevant part of the development and shall be installed prior to occupation of the relevant part of the development and be so retained.
Reason - To prevent any significant disturbance to the residents of the properties and comply with development plan policies, in particular policy CL5 of the Consolidated Local Plan.

17)

Ventilation Ventilation systems, should they be necessary in order to show compliance with condition 17 shall comply with Document F1 of the Building Regulations and ideally be a passive stack system. All ventilation systems will have adequate sound attenuation properties that maintain the fa╪ade sound insulation as required by condition 17.
Reason - To prevent any significant disturbance to the residents of the properties and comply with development plan policies, in particular policy CL5 of the Consolidated Local Plan.

18)

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).

19)

Sustainable Drainage System (SUDS) Prior to the commencement of development, suitable Sustainable Urban Drainage System (SUDS) shall be submitted to and approved in writing by the Local Planning Authority, and shall be fully implemented and maintained thereafter.
Reason - To reduce flood risk and to contribute to sustainability in accordance with policy CE2 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.

20)

Accessibility Prior to the commencement of development, information identifying how one of the proposed shall achieve compliance with optional requirement M4(2) of the building regulations shall be submitted to and approved in writing by the Local Planning Authority, 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.

21)

Wheelchair Adaptable Units Save for the unit identified in condition 21, all the units 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.

22)

Energy Performance The dwellings 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 Core Strategy.

23)

Water Efficiency The dwellings shall achieve compliance with optional requirement G2 (2) (b) and none 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 Core Strategy.

Informatives:

1)

Enforcement of Conditions (PP)
Your attention is drawn to the Conditions of this Permission and to the Council's powers of enforcement, including the power to serve a Breach of Condition Notice under the Town and Country Planning Act 1990, as amended. All Conditions must be complied with. If you wish to seek to amend a Condition you should apply to do so under s.73 of the Act, explaining why you consider it is no longer necessary, or possible, to comply with a particular condition.

2)

Variations to Approved Drawings
Planning permission is hereby granted for the development as shown on the approved drawings. Any variation to the approved scheme may require further permission, and unauthorised variations may lay you open to planning enforcement action. You are advised to seek advice from the Directorate of Planning and Borough Development, before work commences, if you are thinking of introducing any variations to the approved development. Advice should urgently be sought if a problem occurs during approved works, but it is clearly preferable to seek advice at as early a stage as possible. Use the following link to see how advice can be obtained: Planning Advice Service

3)

Care in the Conservation Area
This property is within a Conservation Area. All building works should, therefore, be completed with great care. External facing work and detailed treatment should be finished in a manner sympathetic to the existing building. If there is any doubt about the way in which work should be carried out, you should seek the advice of the Directorate of Planning and Borough Development.

4)

GTD/Pre-app/At submission Est.G/No amend
To assist applicants in finding solutions to problems arising in relation to their development proposals the Local Planning Authority has produced planning policies, and provided written guidance, all of which are available on the Council's website. A pre-application advice service is also offered. The scheme was submitted in accordance with advice provided through pre-application discussions.

Committee details

Decision by: This case is currently due to be decided by the Planning Applications Committee.
Date:19 Jul 2016
Report item number:C59

Appeal details

This case has not been appealed.

Planning Inspectorate reference number:
Appeal received:
Appeal type:
Appeal procedure:
Appeal start date:
Deadline for comments to be received by the Planning Inspectorate:
Appeal decision:
Appeal decision date:

Contact details

Planning case officer: Daniel Massey
Planning team: Fast Track Team
Email: [email protected]
Telephone: 020 7361 3012

Comment on this application

The consultation period for this application has ended.

Documents related to case PP/16/01412