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
Except as required by Condition 10, the development shall not be carried out except in complete accordance with the details shown on submitted plans
Reason - The details are material to the acceptability of the proposals, and to ensure accordance with the development plan.
3)
Submission of details (Full PP)
The following details shall be submitted to and approved in writing by the local planning authority before the relevant part of the works are begun, and the development shall not be completed otherwise than in accordance with the details so approved:
(a) Details and material samples to be used on the external faces of the site including bricks, mortar, render, metalwork, glazing (obscure and clear) (material samples to be provided on site);
(b) Detailed drawings of the ground floor facades and entrances including shopfronts, building entrances and service entrances;
(c) Details of any gates and barriers within the passageway beneath the Saga Centre building;
(d) Details of the location and form of new public art throughout the site;
(e) Position, specification, and details of all vents at grade level throughout the site;
(f) Details including location of external lighting including within the passageway beneath the Sage Centre building;
(g) Detailed drawings of typical windows and openings including fenestration patterns, reveals, cills and lintels, solar shades/light shelves of all buildings (including the Saga Centre building)
(h) Details of balconies and boundary treatments (including railings/enclosure to the rooftop and cafe terraces)
(i) Details of all plant enclosures
(j) Details of green roofs including structure, soil depth and planting
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.
4)
Change of use (GPDO restriction)
Other than the residential units hereby approved, the building approved under this permission 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), with the exception of the approved Class A1/A3 use at ground and first floor level.
Reason - The use of the building for purposes other than Class B1 would unacceptably harm the function and character of the Kensal Employment Zone, contrary to policies CP5 and CF5 of the Consolidated Local Plan.
5)
Commercial unit size limit
With respect to the commercial floorspace within the building identified by the red line on drawing no. PC01, no more than any one floor shall be let to, or used by, a single business occupier, and no individual commercial unit within the remainder of the development shall occupy more than 1,000 sqm (GEA).
Reason - To ensure that the development maximises its contribution to employment provision in this Employment Zone to accord with policy CF5 (k) of the Consolidated Local Plan.
6)
Accessible and wheelchair adaptable units
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 2010 Approved Document M. No works on the superstructure shall take place before plans demonstrating which of the units will achieve these standards have been 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.
7)
Sample panels required
Sample panels of facing brickwork showing the proposed colour, texture, facebond, jointing and pointing of mortar shall be provided on site, and approved in writing by the local planning authority before the relevant parts of the approved works are commenced, and the sample panels shall be retained on site until the work is completed in accordance with the panels so approved.
Reason - To accord with the development plan by ensuring that the character and appearance of the area are preserved.
8)
Gates and Barriers
With the exception of details of gates/barriers as set out in condition 3 relating to the passageway beneath the Saga Centre building, pedestrian gates or barriers onto Adela Street or the canal towpath, or within the remaining new public realm are hereby not permitted.
Reason - To avoid obstruction to the public realm and ensure that public access throughout the site is maintained at all times.
9)
Floodlighting
With the exception of public lighting as set out in condition 3, floodlighting shall not be installed to the general facades of the building beyond the shopfront levels at ground floor level.
Reason - To preserve the character and appearance of the area, and to prevent any significant disturbance to residents of nearby properties and comply with development plan policies, in particular policies CL1, CL2 and CL5 of the Consolidated Local Plan.
10)
Projecting window boxes
Notwithstanding the approved drawings, the projecting window boxes at fourth floor level identified as "Juliet Balcony" as shown on drawing no. GA07 PP are hereby not approved.
Reason - To preserve the character and appearance of the area and comply with development plan policies, in particular polices CL1, CL2 and CL6 of the Consolidated Local Plan.
11)
Roof structures and appliances
No water tank, lift motor room, or other structure or appliance, other than those specifically identified on the approved drawings or screened by the building hereby approved, shall be erected upon the roof of the building.
Reason - To preserve the character or appearance of the building and townscape, in accordance with policies of the development plan in particular policies CL1, CL2 and CL6 of the Consolidated Local Plan.
12)
Facade construction
No development (save for demolition) shall commence until a report outlining the full facade construction details, including glazing, with commensurate composite sound insulation performance predictions have been submitted to and approved in writing by the local planning authority, and shall be carried out in accordance with the details approved and shall be so maintained.
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. 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)
Sound Insulation - Residential
No development (save for demolition) shall take place before a scheme of sound insulation, designed to prevent the transmission of excessive airborne and impact noise both vertically and laterally between the dwellings, has been submitted to, and approved in writing by the Local Planning Authority. The sound insulation shall be installed and maintained only in accordance with the details so approved. None of the dwellings shall be occupied until the approved insulation scheme has been fully implemented.
Reason - To safeguard the amenity of neighbouring property in accordance with Consolidated Local Plan policies CL5 and CE6.
14)
Sound insulation between residential and commercial units
No development (save for demolition) shall take place before a scheme of sound insulation designed to prevent the transmission of excessive airborne and impact noise between the dwellings and the commercial units, has been submitted to, and approved in writing by the Local Planning Authority. The airborne sound insulation performance shall achieve as a minimum a 10 dB increase in the minimum requirements of Approved Document E: resistance to the passage of sound (2003 edition incorporating 2004, 2010, 2013 and 2015 amendments) . The sounds insulation shall be installed and maintained only in accordance with the details so approved.
Reason - To safeguard the amenity of neighbouring property in accordance with Consolidated Local Plan policies CL5 and CE6.
15)
Building services plant and attenuation measures
No development shall commence (save for demolition) until details of building services plant and associated attenuation measures demonstrating compliance with the Council's noise criteria have been submitted to and approved in writing by the local planning authority, and shall be carried out in accordance with the details approved and shall be so maintained.
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. 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.
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)
Hours of operation - Any day
The use of the Class A1/A3 unit at ground and first floor levels shall not be carried out other than between 0700 hours and 2300 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.
19)
No music audible outside
No music, musical instruments, or loudspeakers shall be played or used within the cafe, reception and event floorspace at ground and first floor levels as shown on drawing nos. GA03 PP and GA004 PP 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.
20)
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.
21)
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.
22)
Travel Plan - Details reserved
The building hereby approved shall not be occupied until a travel plan has been submitted to, and approved in writing by, the local planning authority. 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.
23)
Delivering and Servicing Management Plan - Details required
Use of the development shall not be commenced until a detailed Delivery and Servicing Management Plan, showing the provision and position for loading and unloading of goods vehicles, and how deliveries would be co-ordinated, has been submitted to, and approved in writing by, the local planning authority. The approved plan shall be implemented at all times thereafter and shall be so maintained.
Reason - To ensure that the development does not lead to the obstruction of adjacent streets, in accordance with policies of the development plan in particular policy CT1 and CR7 of the Consolidated Local Plan.
24)
Refuse and recycling
The development shall not be occupied until the refuse and recycling storage facilities indicated on the approved plans have been fully implemented and made available for immediate use. The facilities shall thereafter be retained for use at all times.
Reason - To prevent any significant disturbance to residents of nearby properties and comply with development plan policies, in particular policies CL5 and CE5 of the Consolidated Local Plan.
25)
Provision of improved footway
The development hereby permitted shall not be occupied/brought into use until the Adela Street footway to the east of the site has been reinstated in materials to match the adjoining footway and the redundant vehicle crossovers have been removed.
Reason - To provide an appropriate provision of pedestrian access to the site and to protect the Borough's streetscape in accordance with the development plan in particular policies CT1(g)(h) & CR4 (a)(g).
26)
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.
27)
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
28)
Waterborne Freight
No development shall commence until a waterborne freight plan assessing the potential for moving freight by water during the construction cycle (waste and bulk materials) and following occupation of the development (waste and recyclables), showing how waterborne transport is to be maximised, shall be submitted to and approved in writing by the local planning authority, and shall be carried out in accordance with the details so approved.
Reason - To maximise the use of waterborne transport during the construction and following occupation of the development in accordance with the London Plan unless the above assessment demonstrates that such use of the waterways is not physically or economically feasible.
29)
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.
30)
Sewer flooding
Prior to first occupation of the basement hereby approved, the basement shall be fitted with a positively pumped device designed to remove sewer floodwater from the building, which shall be maintained and functional at all times.
Reason - To protect the building from sewer flooding, in accordance with policies CE2 and CL7 of the Consolidated Local Plan.
31)
Sustainable Drainage System (SuDS)
During construction of the development hereby permitted the submitted Sustainable Urban Drainage Systems (SuDS), to include at least 144 sq m of green roofs across the third, fourth and fifth floors of the building and two attenuation tanks with a combined capacity of at least 155 cubic metres below the basement level, 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.
32)
Low Nutrient Management Plan
No development shall commence (save for demolition) until details of a low nutrient method of managing the green roof is submitted to and approved in writing by the local planning authority and the plan shall be carried out with the details so approved.
Reason - To reduce the amount of nutrients going into the canal water, resulting in eutrophication and adding to aquatic weed issues.
33)
BREEAM Rating - New build non-residential
The non-residential floorspace shall achieve a BREEAM rating of Very Good, 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 Very Good 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.
34)
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 Consolidated Local Plan.
35)
Water Efficiency
The dwellings shall achieve compliance with optional requirement G2 (2) (b) in accordance with Approved Document G of the Building Regulations, and the dwellings shall not 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.
36)
Low Emission Strategy required
Prior to the commencement of the development a Low Emission Strategy shall be submitted to and approved in writing by the Local Planning Authority. The Low Emission Strategy shall address the results of the submitted Air Quality Assessment and detail the remedial action and mitigation measures that will be implemented to protect receptors (e.g. abatement technology for energy plant, design solutions). The mitigation measures (including NOx emissions standards for the chosen energy plant) that are required to reduce the exposure of onsite and local receptors to poor air quality and to help mitigate the development's air pollutant impacts, in particular the emissions of NOx and particulates from on-site transport and energy generation sources, shall be implemented in accordance with the Strategy.
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.
37)
Ventilation
The development shall not be occupied until details of a system of mechanical ventilation, with filtration to remove airborne pollutants including details of where air intakes would be located, 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 the properties. The approved system shall be installed before occupation. The system shall be checked and maintained annually, filtration media replaced as necessary to maintain compliance with the above air quality objectives.
Reason: To comply with the requirements of the NPPF, London Plan policy 7.14 and policies CE1 and CE5 of the Consolidated Local Plan in ensuring that effects upon air quality and climate change are minimised.
38)
Construction Environmental Management Plan (CEMP)
No development shall commence until a site specific Construction Environmental Management Plan (incorporating an Air Quality Dust 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.
39)
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.
40)
Contamination - Site Investigation Scheme
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.
41)
Contamination - Site investigation and quantitative risk assessment
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.
42)
Contamination - Remediation method statement
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.
43)
Contamination - Verification report
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.
44)
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.
45)
Contamination - Long term monitoring
A The development shall not be occupied until a Long-term Monitoring Methodology Report has been submitted to and approved in writing by the local planning authority where further monitoring is required past the completion of development works to verify the success of the remediation undertaken.
B Upon completion of any such approved monitoring work, a Verification Report demonstrating that no residual adverse risks exists shall then be submitted to and approved in writing by the local planning authority.
Reason - To ensure any long term risks from land contamination are minimised, to comply with the NPPF and development plan policies in particular policy CE7 of the Consolidated Local Plan.
46)
Trees and landscaping - Details required
The development shall not be occupied until a scheme of landscaping, to include all existing trees and shrubs and proposed trees shrubs and paths and their surfacing materials, (including detail of the wall to the back of the towpath) has been submitted to and approved in writing by the local planning authority, and the development shall only be carried out and maintained in accordance with the details so approved.
Reason - To protect the appearance and amenity of the area and to accord with policies of the development plan, in particular policy CR6 of the Consolidated Local Plan.
47)
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.
48)
Boilers/Energy Plant
Prior to installation details of the boilers and energy plant provided for space heating and domestic hot water shall be submitted to and agreed in writing by the local planning authority. The boilers to be provided for space heating and domestic hot water shall have dry NOx emissions not exceeding 40 mg/kWh (at 0% O2). Where any installations do not meet this emissions standard it shall not be operated without the fitting of suitable NOx abatement equipment or technology as determined by a specialist to ensure comparable emissions.
Reason - To comply with the requirements of the London Plan policy 7.14 and policy CE5 of the Consolidated Local Plan in ensuring that effects upon air quality are minimised.
49)
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.