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 3a, 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)
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 with the sample panels retained on site until the work is completed in accordance with the panel(s) so approved, and shall thereafter be so maintained:
(a) Details of windows and surrounds including elevation and section drawings at a scale of 1:10 and sample panels of proposed materials to be provided on site; and
(b) Details of the fixing, colours, textures and finishes of the external facing materials - sample panels of proposed materials to be provided on site.
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)
Travel Plan - Details reserved
No building(s) hereby approved shall 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 Local Plan 2019.
5)
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 Local Plan 2019.
6)
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 Local Plan 2019.
7)
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 Local Plan 2019. (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.
8)
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 Local Plan 2019, 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.
9)
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 Local Plan 2019 and accord with CLR 11: Model Procedures for the Management of Land Contamination (Defra 2004) or the current UK requirements for sampling and testing.
10)
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 Local Plan 2019.
11)
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.ÿThe approved measures shall be implemented in full.
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 Local Plan 2019, and to accord withÿ CLR 11: Model Procedures for the Management of Land Contamination (Defra 2004) or the current UK requirements for sampling and testing).
12)
Contamination - Long term monitoring
A Development shall not be commenced (save for demolition) 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 Local Plan 2019.
13)
Demolition Environmental Management Plan (DEMP)
No development shall commence until a site specific Demolition Environmental Management Plan has been submitted to, and approved in writing by, the local planning authority, and the development shall be carried out only in accordance with the Plan so approved
Reason - To comply with the requirements of the NPPF and policies CE3, CE5, CE6, and CL5 of the Local Plan 2019 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.
14)
Construction Environmental Management Plan (CEMP)
Save for demolition, no development shall commence until a site specific Construction Environmental Management Plan has been submitted to, and approved in writing by, the local planning authority, and the development shall be carried out only in accordance with the Plan so approved
Reason - To comply with the requirements of the NPPF and policies CE3, CE5, CE6, and CL5 of the Local Plan 2019 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.
15)
Non Road Mobile Machinery (NRMM)
Prior to the commencement of the development, details shall be submitted to and approved in writing by the Local Planning Authority of all Non-Road Mobile Machinery (NRMM) to be used on the development site. All NRMM should meet as minimum the Stage IIIA emission criteria of Directive 97/68/EC and its subsequent amendments unless it can be demonstrated that Stage IIIA equipment is not available. An inventory of all NRMM must be registered on the NRMM register https://nrmm.london/user-nrmm/register. All NRMM should be regularly serviced and service logs kept on site for inspection. Records should be kept on site which details proof of emission limits for all equipment.
Reason: To comply with the requirements of the NPPF, Policies 7.14a-c of the London Plan and Policy CE5 of the Consolidated Local Plan.
16)
Air Quality & Dust Monitoring
No construction/demolition works shall be undertaken until a site-specific Dust & Air Quality Monitoring plan has been submitted to and approved in writing by the local planning authority. Air Quality Monitoring of NO2 and PM should be undertaken and used to prevent levels exceeding predetermined Air Quality threshold trigger levels.
Reason - To comply with the requirements of the NPPF (2019), Policies 7.14a-c of the London Plan (2016), Policy CE5 of the Local Plan.
17)
Ventilation
Prior to the commencement of development (save for demolition) details of a system of mechanical ventilation, with filtration to remove airborne pollutants, for receptor locations shall be submitted to and agreed in writing by the LPA. The details should be supported with dispersion modelling and onsite monitoring to predict fa╪ade concentrations at sensitive receptor locations and specify the ventilation requirements to ensure that where possible the National Air Quality Objectives for Nitrogen Dioxide (NO2) and the WHO Guideline Values for Particulate Matter (PM10 & PM2.5) are met at each inlet location. The details will set out the information to be provided on an annual basis within an annual report to demonstrate that the system is being appropriately maintained and is fully functional.
The approved system shall be installed and be operational before occupation of residential accommodation and nursery. The system shall be checked and maintained in accordance with the manufacturers specification, filtration media replaced as necessary and an annual report submitted to the LPA for approval until such a time that all National Air Quality Objectives and WHO Guideline Values are complied with at the property and regular pollution episodes do not occur within the borough. Where an annual report identifies that the mechanical ventilation filtering system is not functioning fully, corrective action will be taken to ensure it is fully operational.
Reason - To Comply with Policies as required by Core Strategy Policy CE5 and 7.14 b of the London Plan.
18)
Flood Risk and Sustainable Drainage Systems - further information required.
No development shall commence (save for demolition) before a satisfactory Flood Risk Assessment and Surface Water Management Strategy have been submitted for approval. The following information should be included:
Flood Risk
A groundwater displacement assessment to understand any potential groundwater flooding implications for nearby properties.
The location and specification of a suitable pumped device to protect the development from sewer flooding.
Surface Water Drainage
A thorough analysis to demonstrate how greenfield run-off or rates closer to greenfield run-off run could be achieved for all events (factoring in other flows into the sewer). The storm events used in the calculations should include the 1 in 1-yr event.
A detailed drainage plan to show clearly how surface water run-off will be conveyed to the surface water attenuation tank and any connections to the sewer system if necessary.
The location, dimensions and specification of the attenuation tank.
Details of surface water management during construction.
Reason - To reduce flood risk and to contribute to sustainability in accordance with policy CE2 of the Local Plan 2019.
19)
Use Class Restriction (commercial premises)
Unless otherwise agreed in writing by the Local Planning Authority, the commercial premises forming the subject of this permission shall be used only as a nursery and specialist treatment centre, and for no other purpose including any other purpose within Use Class D1 of the Town and Country Planning (Use Classes) Order 1987, as amended, or any Order re-enacting.
Reason - To minimise disturbance to occupants of surrounding residential properties and so accord with policy CL5 of the Local Plan 2019.
20)
Construction Traffic Management Plan (CTMP)
Save for demolition, no development shall commence until a Construction Traffic Management Plan has been submitted to and approved in writing by the local planning authority. The statement should include:
a) routeing of demolition, excavation and construction vehicles, including a response to existing or known projected major building works at other sites in the vicinity and local works in the highway;
b) access arrangements to the site;
c) the estimated number and type of vehicles per day/week;
d) details of any vehicle holding area;
e) details of the vehicle call up procedure;
f) estimates for the number and type of parking suspensions that will be
required;
g) details of any diversion or other disruption to the public highway during preparation, demolition, excavation and construction work associated with the development;
h) work programme and/or timescale for each phase of preparation, demolition, excavation and construction work associated with the
development;
i) details of measures to protect pedestrians and other highway users from construction activities on the highway; and
j) 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. A one page summary of the requirements of the approved CTMP shall be affixed to the frontage of the site for the duration of the works at a location where it can be read by members of the public.
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 Local Plan 2019.ÿ It is necessary for the co
21)
Demolition Traffic Management Plan (DTMP)
No demolition shall commence until a Demolition Traffic Management Plan has been submitted to and approved in writing by the local planning authority. The statement should include:
a) routeing of demolition, excavation and construction vehicles, including a response to existing or known projected major building works at other sites in the vicinity and local works in the highway;
b) access arrangements to the site;
c) the estimated number and type of vehicles per day/week;
d) details of any vehicle holding area;
e) details of the vehicle call up procedure;
f) estimates for the number and type of parking suspensions that will be
required;
g) details of any diversion or other disruption to the public highway during preparation, demolition, excavation and construction work associated with the development;
h) work programme and/or timescale
i) details of measures to protect pedestrians and other highway users from activities on the highway; and
j) 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. A one page summary of the requirements of the approved DTMP shall be affixed to the frontage of the site for the duration of the works at a location where it can be read by members of the public.
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 Local Plan 2019.ÿ 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 resu
22)
Professional management of engineering works
No development shall commence until
(A) a Chartered Civil Engineer (MICE) or Chartered Structural Engineer (MI Struct.E)ÿhas been appointed for the duration of building works and their appointment confirmed in writing to the Local Planning Authority, and
(B) the name, and contact details of the person supervising engineering and construction on site for the duration of building works have been confirmed in writing to the Local Planning Authority.ÿ
In the event that either the Appointed Engineer or Appointed Supervisor cease to perform that role for whatever reason before the construction works are completed, those works shall cease until a replacement chartered engineer of the afore-described qualification or replacement supervisor 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 and supervisor are 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 Local Plan 2019. It is necessary for the condition to be on the basis that "No development shall commence until" as compliance with the requirements of the condition at a later time would result in unacceptable harm contrary to the policies of the Development Plan
23)
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 Local Plan 2019. 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.
24)
Code of Construction Practice
No development shall commence until:
A Code of Construction Checklist and Site Construction Management Plan (SCMP) for the development have been approved, in writing, by the Council's Construction Management Team, and then
B) Copies of the approved Checklist and Plan, and their written approval, have been submitted to the local planning authority to be placed on the property record.
[The Council's Construction Management Team work independently of the planning department. For further information regarding the Code and how the required details should be submitted to them, the Council's Construction Management Team can be contactedÿon email at:ÿ[email protected]
or tel: 020 7361 3002]ÿ
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 and Transport and Streets SPDs and policies CL5, CT1, CE5 and CE6 of the Local Plan 2019. 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 Local Plan 2019.
25)
Existing Crossover
The development hereby approved shall not be occupied until the existing crossover on Makins Street has been removed and the footway has been reinstated in materials matching those of the existing footway.
Reason: - To maintain the quality of the footway and to protect the Borough's streetscape in accordance with CT1 (b)(g) & CR4 (a)(g).
26)
Footway Works
Before the relevant part of the work has begun, details of proposed treatments to all privately maintained footways shall be submitted to and approved by the local planning authority. The footway treatments shall be implemented in accordance with the details approved.
Reason: To maintain the quality of the footway and to protect the Borough's streetscape in accordance with CT1 (b)(g) & CR4 (a)(g).
27)
Submission of details (Full PP)
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 with the sample panels retained on site until the work is completed in accordance with the panel(s) so approved, and shall thereafter be so maintained:
Notwithstanding the submitted plans, details of basement level parking layout, cycle parking and storage;
Details of electric vehicle charging points which shall be provided for all spaces in the development;
Details of proposed hard and soft landscaping at street level including details of a replacement street tree; and
(d) Details of the proposed vehicle access gates to show they will be inward opening and automatically operated.
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.
28)
Parking - Provide before residential occupation
No dwelling shall be occupied until the whole of the car parking spaces (with associated electric charging points for each space) approved under condition 27 are provided, and the spaces shall thereafter be permanently retained for the parking of vehicles in connection with the residential use of the dwellings and used for no other purpose.
Reason - To prevent obstruction of the surrounding streets and safeguard the amenity of the area, to accord with policy CT1 of the Local Plan 2019.