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Property details

Case reference: PP/16/08015
Address: 279 King's Road, LONDON, SW3 5EW
Ward: Chelsea Riverside
Polling district: 04
Listed Building Grade: N/A
Conservation area: N/A

Applicant details

Applicant's name: Ilona House Securities Limited
Applicant company name: DP9 Ltd
Contact address: 100 Pall Mall LONDON SW1Y 5NQ

Proposal details

Application type: PP (Planning permission)
Proposed development Demolition of existing building and structures and construction of mixed use building comprising four storeys over ground and basement levels and including retail (Use Class A1), cinema (Used Class D2) and 11 no. residential units (Use Class C3) along with ancillary car and cycle parking, plant and other associated works (MAJOR APPLICATION)
Date received: 28 Nov 2016
Registration date:
(Statutory start date)
28 Nov 2016
Public consultation ends: 30 Dec 2016
Application status: Decided
Target date for decision: 27 Feb 2017

Decision details

This case has not yet been decided.

Decision: Permission granted, SUBJECT to S.106 ag.
Decision date: 27 Feb 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 (Full PP) No development, save for demolition, shall commence until details and a scheme of implementation have been submitted to and approved in writing by the local planning authority of the following: (a) drawings of all windows, doors, entrances and shopfronts at a scale of 1:20; (b) hard and soft landscaping, details of tree protection during site preparation, demolition and construction and external lighting; (c) specification of an electric charging point which shall be provided on every parking bay; (d) car park access management system; (e) vehicular access including levels; (f) facilities and arrangements for storage and disposal of refuse; (g) position, specification and details of all mechanical ventilation and any other building service plant; and (i) re-paving works along Old Church Street. Development shall be carried out in accordance with the approved details and with the approved scheme of implementation.
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)

Submission of details - external materials No development, save for demolition, shall commence until sample panels of the external materials to be used in the construction of the building hereby permitted including a specification of the colour, tone and texture have been provided on site and approved in writing by the local planning authority. Development shall be carried out in accordance with the approved panels which shall be retained on site until the development is complete.
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.

5)

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.

6)

Construction Management Plan No development shall commence until a Construction Management Plan has been submitted to and approved in writing by the local planning authority. Development shall be carried out in accordance with the approved Plan.
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)

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

8)

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.

9)

Combustion plant a) Prior to installation of any combustion plant evidence must be provided 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 submitted to and approved by the local planning authority. Any boilers shall have NOx emissions not exceeding 40mg/kWh of dry NOx (at 0% O2) and CHP plant not exceeding 95mg/Nm2 (at 5% 02). b) Prior to occupation no CHP plant shall come into use without the fitting of the appropriate abatement equipment or technologies to meet as a minimum the Band B emissions standard in the London Plan Sustainable Design and Construction SPDG. Where any combustion plant does not meet the relevant emissions standard it should not be operated without the fitting of suitable NOx abatement equipment or technology. A NOX emissions test must be carried out by an accredited laboratory. The certificate and equipment maintenance schedule must be provided to the planning authority for approval.
Reason - To ensure that air quality is not reduced as a result of the development and to comply with Consolidated Local Plan policy CE5 and 7.14 a and c of the London Plan.

10)

Construction Environmental Managmenet Plan (CEMP) No development shall commence until a site specific Construction Environmental Management Plan, including consideration of the control of noise emissions including vibration from construction, a risk assessment of dust and emissions, an inventory and timetable of dust generating activities, emission control methods, appropriate air quality monitoring including reporting protocols and other items as appropriate based on the Mayor's Best Practice Guidance, shall be submitted to and approved in writing by, the Local Planning Authority. 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 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.

11)

Drainage strategy No development shall commence until a drainage strategy detailing any on and/or off site drainage works, has been submitted to and approved by, the local planning authority in consultation with the sewerage undertaker. No discharge of foul or surface water from the site shall be accepted into the public system until the drainage works referred to in the strategy have been completed. The development shall not be completed otherwise than in accordance with the details so approved
Reason - The development may lead to sewage flooding; to ensure that sufficient capacity is made available to cope with the new development; and in order to avoid adverse environmental impact upon the community. It is necessary for the condition to be on the basis that 'No development shall commence until' as compliance with the requirements of the condition at a later time would result in unacceptable harm contrary to the policies of the Development Plan.

12)

Piling No impact piling shall take place until a piling method statement (detailing the depth and type of piling to be undertaken and the methodology by which such piling will be carried out, including measures to prevent and minimise the potential for damage to subsurface sewerage infrastructure, and the programme for the works) has been submitted to and approved in writing by the local planning authority in consultation with Thames Water. Any piling must be undertaken in accordance with the terms of the approved piling method statement.
Reason - The proposed works will be in close proximity to underground sewerage utility infrastructure. Piling has the potential to impact on local underground sewerage utility infrastructure. The applicant is advised to contact Thames Water Developer Services on 0800 009 3921 to discuss the details of the piling method statement.

13)

Plant No plant is hereby approved. Work shall not commence on installing any building service plant until a details of al plant including a noise report has been submitted to and agreed in writing 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

14)

Servicing Management Plan Prior to occupation of any of the proposed uses a Servicing Management Plan shall be submitted to and approved in writing by the Local Planning Authority. The submitted plan should include the following:  servicing arrangements for the cinema and retail use;  a waste management plan, detailing the amount of waste storage and removal from site;
Reason - To prevent obstruction of the surrounding streets and to safeguard the amenity of the area and to accord with Policy CR7 of the Consolidated Local Plan.

15)

BREEAM Rating - New build non-residential The non-residential floorspace shall achieve a BREEAM rating of Excellent, and none of this floorspace shall be occupied until a Post Construction Review Certificate has been issued for it certifying that a BREEAM rating of Excellent has been achieved.
Reason - To ensure that the development contributes to the attainment of sustainable development and to comply with policy CE1 of the Consolidated Local Plan

16)

Privacy Screens No development, save for demolition shall take place until details of privacy screens for Flats A1 and A2 have been submitted to and approved in writing by the local planning authority. Development shall be carried out in accordance with the approved details prior to the occupation of either of the flats and shall thereafter be retained.
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

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)

Conditions - Precedent to Commencement
Conditions no(s) 5, 6, 7, 10, 11 and 12 impose requirements which must be met prior to commencement of the development. Failure to observe these requirements could result in the Council taking enforcement action, or may invalidate the planning permission and render the whole of the development unlawful.

3)

Unique text
In submission of a final Construction Traffic Management Plan, the below points should be addressed. Q7 - The Council expects applicants to consult with relevant stakeholders specifically on the construction phase prior to the drafting of a CTMP to ensure that all matters are taken in to account. It is stated that public consultation on the CTMP will be undertaken but no indication of timescales for this is given; Q10 - The answer given is not clear. Reference to the 'defined periods of attendance' must be removed and the commitment on deliveries between 9:30am - 4:30pm extended to included both deliveries and collections; Q11 - The proposed site plan contained in Appendix 2 is not adequate and fails to provide the requisite level of detail set out in the guidance notes for Q11. The plan is deficient in many respects but of particular concern is the apparent proposal to erect a hoarding line on Old Church Street that would occupy the entire footway, which is not acceptable. The plan must be to scale and the exact location of and dimensions for the proposed vehicle access need to be provided. The existing vehicle access is not adequate for use as a vehicular construction access and egress. Reference is made in the answers to Q24 and Q28 to the use of Preston Platforms to enable the delivery of materials in to the site directly from the kerbside but the on-street loading locations are not indicated on the plan meaning that it is not possible to make an assessment of what impact this activity would have on the highway and indeed whether it would be acceptable at all; Q12 - The answer confirms through the deletion of 'No' in the question text that it is proposed for vehicles to enter the site and this being the case the applicant, as per the guidance notes for Q12, needs to provide swept paths for the relevant vehicles to demonstrate that the proposed manoeuvres are feasible. As it currently stands there is insufficient information for officers to make a proper assessment of the proposed methodology; Q14 - The answer given does not satisfy the requirements stated in the guidance notes for this question and further information is required. How exactly would concrete be transferred from the delivery vehicle in to the site? By the 'front of the building' does the applicant mean the King's Road frontage? If so, where exactly on King's Road would the vehicle be positioned during the concrete delivery? If hoses are to be laid across the footway how would the applicant maintain safe pedestrian passage past the site? Q15 - The answer needs to confirm that a minimum of 3m carriageway width 'will' be maintained not 'can' be maintained; Q16 - The potential need for a road closure on Old Church Street is noted and any future application for this would be carefully considered upon receipt; Q19 - The information given in respect of vehicle sizes needs to firmed up and this then needs to inform the vehicle swept path drawings required in relation to Q12; Q22 - The closure of the Old Church Street footway for prolonged periods of time will be not acceptable. The site plan (Q11) needs to clearly show on-site delivery areas and the answer to Q22 needs to explain how safe pedestrian past the site will be maintained. For the removal of doubt the temporary closure of the footway whilst a vehicle is in the process of manoeuvring in to the site is likely to be acceptable as it should last no longer then 60 seconds, however it is not acceptable for the footway to be closed during the actual unloading or unloading process itself; Q24 - The answer does not address the question, which asks whether any suspensions of parking bays or waiting & loading restrictions will be required. Reference is made to the 'front of building' but it is not clear whether this means the King's Road or Old Church Street frontage and this needs to be confirmed. Q29 - The major development further to the south on Old Church Street should have been specifically mentioned in this answer as coordination with this site will be essential.

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 under delegated powers.

Appeal details

This case has not been appealed.

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

Contact details

Planning case officer: Simon Westmorland
Planning team: South
Email: [email protected]
Telephone: 020 7361 3012

Comment on this application

The consultation period for this application has ended.

Documents related to case PP/16/08015