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Property details

Case reference: PP/23/00968
Address: 81-103 King's Road, LONDON, SW3 4NX
Ward: Royal Hospital
Polling district: 16
Listed Building Grade: N/A
Conservation area: Chelsea

Applicant details

Applicant's name: Kings Road Property Ltd
Applicant company name: DP9
Contact address: 100 Pall Mall London SW1Y 5NQ

Proposal details

Application type: PP (Planning permission)
Proposed development Demolition of existing building and redevelopment for new building up to four storeys and basement (Use Class E - commercial, business and service); roof terraces, landscaping works; installation of plant; and associated works. (MAJOR APPLICATION)
Date received: 07 Feb 2023
Registration date:
(Statutory start date)
06 Mar 2023
Public consultation ends: 28 Jul 2023
Application status: Decided
Target date for decision: 05 Jun 2023

Decision details

This case has not yet been decided.

Decision: Granted subject to legal agreement
Decision date: 23 Jul 2024
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) Prior to commencement of the relevant part of the development, full particulars of the following shall be submitted to and approved in writing by the Local Planning Authority and the development shall not be completed otherwise than in accordance with the details so approved: Detailed elevations, plans and sectional drawings at a scale of 1:20 showing all new external openings. Detailed elevations, plans and sectional drawings at a scale of 1:20 showing all new railings and balustrades. Detailed elevation and section drawings of shopfronts at 1:20. Detailed elevations, plans and section drawings of the office lobby frontages, including canopy, at a scale of 1:20. Details of all materials to be used on the external faces and roof of the building, including elevation drawings clearly showing where they will be used on the building. Detailed drawings to a scale of 1:20 of the arched window openings on the front elevation at second and third floor levels, which where feasible shall include arch shaped fenestration within the arched part of the opening (to replace the rectangular windows shown on the approved plans).
Reason - To ensure these elements are of the highest architectural and urban design quality, maintain the architectural quality of the scheme, and contribute positively to the townscape, and to ensure compliance with policies CL1, CL2 and CL3 of the Local Plan 2019 and London Plan policy D3.

4)

Sample Panel of materials Prior to commencement of the relevant works, a sample panel showing the proposed colour, texture, facebond, mortar and pointing to be used on the external faces of the building (as approved in condition 3), shall be provided on site and approved in writing by the local planning authority. The sample panel shall be retained on site until construction work is completed. Development shall be carried out in accordance with the approved details and sample panel.
Reason - To preserve the character and appearance of the area in accordance with policies of the development plan in particular policies CL1, CL2 and CL3 of the Local Plan and London Plan policy D3.

5)

Details of planters Notwithstanding the details shown on the approved plans, prior to the commencement of the superstructure details of the fixed planters to be provided on the amenity terraces shall be submitted to and approved in writing by the Local Planning Authority. The details shall include the dimensions, materials and how they are fixed to the building. The development shall be carried out in accordance with the approved details and the raised planters shall be retained and maintained for the lifetime of the development.
Reason: to ensure reasonable living conditions are maintained for occupiers of nearby residential properties and to prevent undue overlooking, noise and disturbance, in accordance with policy CL5 of the Local Plan and D13 of the London Plan.

6)

Landscaping and public realm Prior to commencement of the superstructure a Landscaping and Public Realm Scheme for the public and private areas (including the amenity terraces) in the development shall be submitted to and approved in writing by the Local Planning Authority. The submitted scheme shall include the following details: a. The overall layout, including extent and type of hard and soft landscaping; b. the location, species and sizes of proposed trees and tree pit design; c. details of soft planting, including shrubs and herbaceous areas including details of how the planting will improve biodiversity; d. enclosures including type, dimensions and treatments of any walls, fences, screen walls, barriers, railings and hedges; e. hard landscaping, including ground surface materials, kerbs, edges, ridge and flexible pavements; f. street furniture, including type, materials and manufacturer's specification, if appropriate; g. full details of access road improvements including materials, carriageway widths, footway widths and cycle parking locations, planting, planters, seating, lighting and any other furniture or features. The development shall be carried out strictly in accordance with the details so approved and shall be retained and maintained as such thereafter. All landscaping in accordance with the approved scheme shall be completed/planted during the first planting season following practical completion of the development or first occupation, whichever is sooner. The landscaping and tree planting shall have a two-year maintenance/watering provision following planting and any trees or shrubs which, within a period of five years from the first planting and seeding season referred to above, die, or are removed, or become seriously damaged or diseased, shall be replace in the next planting season with the same size and species or an approved alternative, to the satisfaction of the Local Planning Authority.
Reason: In the interest of biodiversity, gre

7)

Public Toilets Notwithstanding the details shown on the approved drawings, prior to commencement of development the following shall be submitted to and approved in writing by the Local Planning Authority: a) floor plans demonstrating provision shall be made for free public toilets suitable for a range of users including disabled people, families with young children and people of all gender identities, including the provision of free unisex toilets and of free 'Changing Places' toilets designed in accordance with the guidance in British Standard BS8300-2:2018; and b) details of the ongoing management and cleaning, demonstrating that the toilets and changing places provided would be available to the public during the development'sÿopening hours and would be maintained safe, well-lit and clean. The development shall be carried out in accordance with these details, and all public toilets at the development shall be made available to the public for free prior to occupation and shall be maintained in perpetuity in accordance with the approved details.
Reason: To ensure that the development provides an appropriate range of free and suitably maintained public toilets, in accordance with London Plan policy S6 It is necessary to deal with these matters prior to commencement to ensure that these facilities can be accommodated in the design of the development. 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)

Signage strategy Prior to the commencement of the superstructure details of a signage strategy shall be submitted to and approved in writing by the Local Planning Authority and the development shall be completed in accordance with the details so approved.
Reason: to ensure the visual amenity of the area and design quality of the building is preserved in accordance with policies CL1, CL2 and CR4 of the Local Plan.

9)

Secured by Design Prior to the commencement of above ground works details of measures to minimise the risk of crime and meet the specific security needs of the development (informed by the principles and objectives of Secured by Design) shall be submitted to and approved in writing by the Local Planning Authority. The development shall be implemented in accordance with the approved details and retained thereafter.
Reason: In order to achieve the principles and objectives of Secured by Design to improve community safety and crime prevention in accordance with Local Plan Policy CL2, London Plan Policy D11, Section 17 Crime and Disorder Act 1998 and National Planning Policy Framework (NPPF).

10)

Retention of scheme architects The existing architects or other such architects as approved in writing by the Local Planning Authority, acting reasonably, shall undertake the detailed design of the project.
Reason: In order to retain the design quality of the development in the interest of the visual amenity of the area, in accordance with London Plan Policy D4 and Local Plan Policy CL1, CL2.

11)

Use Class Restriction - upper floor offices The floor space at first, second and third floor levels floor levels, as identified on the approved drawings as being used for office, shall be used only for office use (Use Class E(g)), and for no other purpose including any other purpose within Use Class E of the Town and Country Planning (Use Classes) Order 1987, as amended, or in any provision equivalent to that Class in any statutory instrument revoking and re-enacting that Order with or without modification.
Reason - To ensure the supply of office space in this area can be maintained and to minimise disturbance to occupants of surrounding residential properties and allow the LPA to consider any impacts arising from alternative uses within Class E. In accordance policies of the Development Plan including policies CF1, CF2, CF5 and CL5 of the Local Plan and policies SD6, SD7, SD8, E1 and E2 of the London Plan.

12)

Use Class Restrictions - Ground Floor Retail The three commercial units at ground floor level on the King's Road frontage forming the subject of this permission, as identified on approved drawings as being used for Retail, shall be used only for retail use (being the uses within Use Class E(a), E(b), and E(c)), and for no other purpose(s) including any other purpose within Use Class E of the Town and Country Planning (Use Classes) Order 1987, as amended, or in any provision equivalent to that Class in any statutory instrument revoking and re-enacting that Order with or without modification.
Reason - To ensure the vitality and function of the town centre and to minimise disturbance to occupants of surrounding residential properties and so accord with policies of the Development Plan including policies CF1, CF2, and CL5 of the Local Plan and policies SD6, SD7, SD8 of the London Plan.

13)

Restriction on Amalgamation - ground floor Retail The three retail units at ground floor level on the King's Road forming the subject of this permission, as identified on approved drawings as being used for Retail, shall not at any time be amalgamated and shall form three separate retail units only at the sizes shown on the approved drawings.
Reason - To ensure the vitality and function of the town centre through the provision of a range of unit sizes and so accord with policies of the Development Plan including policies CF1, CF2, and CL5 of the Local Plan and policies SD6, SD7, SD8 of the London Plan.

14)

First floor Flat Roof (south) - Use Precluded The first floor flat roof on the southern elevation as shown on drawings 2133-PP-ZZ-XX-DR-A-11-004 Rev P4 and 2133-PP-ZZ-01-DR-A-10-0101 Rev P4 shall not be used at any time as an amenity space/terrace and access shall be for maintenance and cleaning purposes only.
Reason: to avoid overlooking and disturbance to neighbouring properties in accordance with policy CL5 of the Local Plan (2019) and policy D13 of the London Plan (2021).

15)

Hours of use - roof terraces The roof terraces shown on the approved drawings shall not be used (except for maintenance and cleaning) other than between 08.30- and 19.00-hours Monday to Friday except on public holidays, and shall not be used at any time on Saturdays, Sundays or public holidays.
Reason: To safeguard the living conditions of neighbouring residential in accordance with London Plan Policies D13 and D14 and Policy CL5 of the Local Plan.

16)

No music audible outside No music, musical instruments, or loudspeakers shall be played or used within the premises or on the amenity spaces/terraces forming the subject of this permission so as to be audible outside the premises.
Reason: To safeguard the living conditions of neighbouring residential in accordance with London Plan Policies D13 and D14 and Policy CL5 of the Local Plan.

17)

Artificial Lighting Prior to the commencement of the superstructure full details of exterior artificial lighting shall be submitted to and approved in writing by the Local Planning Authority. Any lighting to the southern (rear) or eastern side shall be kept to the minimum necessary for safety. The submitted details shall include the location and full specification of all lamps, light levels, illumination, support structures and the hours/times the lighting will be switched on. The submitted details shall also include an assessment of the impact of any such lighting on the surrounding residential environment. The development shall be carried out strictly in accordance with the details so approved and shall be maintained as such thereafter. No other lighting shall be provided unless expressly granted by this condition or a separate planning permission.
Reason - In order to ensure reasonable enjoyment of neighbouring residential properties is maintained and not harmed to increases in artificial lighting and associated disturbance in accordance with Local Plan (2019) policy CL5 and London Plan (2021) policies D8 and D13.

18)

Noise Limits and Mitigationÿ 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 neighbouring residential premises or at 1.2m above any adjacent neighbouring 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 policies CL5 and CE6 of the Local Plan and policies D13 and D14 of the London Plan.

19)

Post-completion noise compliance survey and report Prior to the occupation of the development a post installation building services plant noise assessment report shall be submitted to and approved in writing by the Local Planning Authority. The report shall include details of the installed plant and any mitigation to show how installed building services plant will comply with Condition 18 of this planning permission.
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, and London Plan Policy D13 and D14.

20)

Anti-vibration mounts for air-conditioning/ extraction equipment All plant and equipment, including that associated with lifts, shall not operate unless it is supported on adequate proprietary anti-vibration mounts to prevent the structural transmission of vibration and regenerated noise within adjacent or adjoining premises, and these shall be so maintained thereafter.
Reason - To prevent any significant disturbance to residents of nearby properties and comply with development plan policies, in particular policy CL5 of the Local Plan.

21)

Car Park Management Plan Prior to the first occupation of the development, a Car Park Management Plan shall be submitted to and approved in writing by the Local Planning Authority. The Car Park Management Plan shall include the following: Details of the car park layout including the allocation of blue badge bays which shall include a minimum 2 blue badge bays for the retail use and 1 blue badge bay for the office use; Details of all management controls relating to the car park access/egress; Detailed measures to be incorporated within the car park and associated access lane to ensure the safety of cars and cyclists Measures to monitor and manage the function of the car park and associated parking demand including: Management of parking charges Maximum stays and no returns policy Measures to restrict use to visitors of the associated retail unit only Display of real time occupancy levels at site boundary Proposed enforcement measures. The car parking shall be provided and managed in accordance with the approved strategy for the life of the development.
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 of the Local Plan (2019) and T4 of the London Plan (2021).

22)

Cycle storage Prior to commencement of works on the superstructure, details of the cycle storage facilities, including the storage and the allocation of the spaces to each use and a pro-active maintenance strategy for the lift access shall be submitted to and approved in writing by the Local Planning Authority. The approved cycle storage shall only be carried out in accordance with the approved drawings, shall be provided prior to occupation of the relevant part of the development, and shall thereafter be retained and maintained 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 Local Plan and T5 of the London Plan.

23)

Servicing and Delivery Management Plan The development shall not be occupied until a final Servicing and Delivery Management Plan has been submitted to, and approved in writing by the Local Planning Authority and the use of the building shall thereafter be carried out only in accordance with the plan so approved.
Reason - To ensure the development does not lead to the obstruction of adjacent streets, in accordance with the policies of the development plan, in particular policy CT1 of Local Plan and policy T7 of the London Plan.

24)

Travel Plan - Details reserved The development shall not be occupied until a final travel plan has been submitted to and approved in writing by the Local Planning Authority with details relating to both the retail and office uses. The travel plan shall be monitored and reviewed in accordance with any targets within the approved 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 and policies T4 and T6/T6.2/T6.3 of the London Plan.

25)

Electric Vehicle Charging Points The development hereby permitted shall not come into use until all of the parking spaces (100%) have been provided with active Electric Vehicle Charging Points and are available for use.
Reason - To ensure air quality and sustainable transport. To accord with policy CT1 of the Local Plan 2019, and policies T6 and T6.3 of the London Plan 2021.

26)

Electric Vehicle Charing Points - Servicing Bays Rapid electric vehicle charging facilities (43KW or greater) shall be provided within all approved delivery and servicing bays and be available for use prior to occupaiton of the development.
Reason - To ensure air quality and sustainable transport. To accord with policy CT1 of the Local Plan 2019, policy 6.13 of the London Plan, and policies T6 and T6.3 of the Intend to Publish London Plan.

27)

Operation of Vehicle Based Click and Collect Service Precluded No vehicle based click and collect service associated with the accompanying retail use shall be permitted to operate within any part of the site.
Reason - To avoid negative impact upon the safe operation of the proposed car park, and so accord with policies of the development plan, in particular policies CT1 and CL5 of the Local Plan T2 and T4 of the London Plan.

28)

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 Local Plan.

29)

Air Quality Dust Monitoring No development shall commence until the method by which levels of dust pollution will be monitored, using an objective method of measurement, shall be submitted to and approved in writing by the Local Planning Authority. The submitted details shall include, but not be limited to: The method, frequency and location of monitoring; How the details will be shared and accessed; Baseline levels of dust; Action levels of dust pollution; Actions in the event the agreed action levels are exceeded to ensure they are reduced to comply with the agreed action level. The development shall be carried out and monitored in accordance with the details so approved.
Reason:ÿTo ensure any impact on air quality is both minimised and managed during construction and to comply with the NPPF (2023), and Local Plan policy CE5 and London Plan policy SI 1.ÿIt 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)

Non Road Mobile Machinery (NRMM)ÿ All Non-road Mobile Machinery (NRMM) of net power of 37KW and up to and including 560KW used during the course of the demolition, site preparation and construction phases shall meet Stage IIIB of EU directive 97/68/EC as a minimum or higher emission standards as set within the NRMM Low Emissions Zone at the time of development. Unless it complies with the above standards, no NRMM shall be on site at any time whether in use or not.
Reason:ÿTo ensure any impact on air quality is both minimised and managed during construction and to comply with the NPPF (2023), and Local Plan policy CE5 and London Plan policy SI 1 and guidance within the Mayor's 'Control of Dust and Emissions during Construction and Demolition' Supplementary Planning Guidance (SPG) dated July 2014.

31)

Air Source Heat Pumps (ASHP) and Photovoltaic Panels The development shall not be occupied until full details of the installation of Air Source Heat Pumps and Photovoltaic Panels that are provided for space heating and hot water have been submitted to and approved in writing by the Local Planning Authority. The approved details shall be fully implemented prior to occupation of the development and thereafter permanently retained and maintained.
Reason:ÿTo ensure any impact on air quality is both minimised and managed during construction and to comply with the NPPF (2023), and Local Plan policy CE5 and London Plan policy SI 1.ÿ

32)

Combustion Plant: Emergency Diesel Generator Prior to the commencement of development, details of emission certificates and the results of the NOx emissions testing of each Emergency Diesel Generator plant shall be submitted to and agreed in writing with the Local Planning Authority. The details shall include the number, generator specification sheets, the associated NOx emissions, details of routine testing, efflux velocity and location/height of the exit flue. Generators with a thermal capacity between 1-50MW are required to apply for a permit to operate under the Medium size Combustion Plant Directive, although would be exempt from permitting if they only operate for testing purposes of no more than 50-hours per year. Prior to the commencement of the development, details demonstrating that all Emergency Diesel Generator Plant and associated abatement technologies shall meet a minimum dry NOx emission standard of 95 mg/Nm3 (at 5% O2) respectively by an accredited laboratory shall be provided following installation and thereafter on an annual basis to verify compliance of the relevant emissions standards. Where any combustion plant does not meet the relevant emission standards stated above, it should not be operated without the fitting of suitable secondary NOx abatement equipment/technology as determined by a specialist to ensure comparable emissions. The approved system shall be installed and be operational before occupation of the development. Details to demonstrate where secondary abatement is used for the Emergency Diesel Generator the relevant emissions standards in Part B are met within 10 minutes of the generator commencing operation. During the operation of the emergency diesel generators there must be no persistent visible emission. The maintenance and cleaning of the systems shall be undertaken regularly in accordance with manufacturer specifications. The diesel fuelled generators shall only be used for a maximum of 48 hours when there is a sustained

33)

Contamination - preliminary risk assessment report and proposed site investigationÿ No development shall commence until a Preliminary Risk Assessment and Proposed Intrusive Site Investigation Design (PSID) for the site and surrounding area are submitted to and approved in writing by the Local Planning Authority. The PSID shall be prepared in accordance with the Environment Agency's current Land Contamination Risk Management Guidance and the Council's guidance or any subsequent updates.
Reason - To ensure any risks from land contamination are both minimised and managed and to comply with the NPPF and development plan policies and in particular policy CE7 of the Local Plan. The condition specifies 'No development shall commence until' to ensure that wherever possible site reconnaissance may take place and that risks identified during the preliminary risk assessment (for example from soil contamination, soil vapour, ground gas and water pollution) are appropriately addressed during the course of the development.ÿ

34)

Contamination - Quantitative risk assessment and remediation strategyÿ No development shall commence (except for demolition above ground level) until the approved Proposed Intrusive Site Investigation Design (PSID) has been fully implemented and a report including full details of the intrusive site investigation, Risk Assessment (RA), an Options Appraisal (OA) and a Remediation Strategy (RS) has been submitted to, and approved in writing by, the Local Planning Authority. The intrusive site investigation, RA, OA, RS and any associated reporting shall be undertaken in line with the Environment Agency's current Land Contamination Risk Management Guidance and the Council's guidance or any subsequent updates.
Reason - To ensure any risks from land contamination are both minimised and managed and to comply with the NPPF and development plan policies and in particular policy CE7 of the Local Plan 2019. It is necessary for the condition to be on the basis that 'No development shall commence (except for demolition above ground level) until' as ground works and building design need to be considered within the Option Appraisal and Remediation Strategy to ensure safe development, appropriate building design and in order to ensure an appropriate level of verification information is collected during the course of the development.ÿÿ

35)

Contamination - Verification report No occupation or use of the development shall occur until the approved Remediation Strategies are implemented and a Verification Report (VR) has been submitted to, and approved in writing by, the Local Planning Authority. The VR shall include full details of requirements for ongoing monitoring and maintenance and be prepared in line with the Environment Agency's current Land Contamination Risk Management Guidance and the Council's guidance or any subsequent updates. Ongoing monitoring and maintenance shall be implemented in line with the approved Verification Report.ÿÿ
Reason - To ensure any risks from land contamination are both minimised and managed and to comply with the NPPF and development plan policies and in particular policy CE7 of the Local Plan 2019.ÿ

36)

Contamination -Unexpected contaminationÿ If during development work unexpected contamination is encountered or suspected, on each occasion development work shall cease in the affected area, other than for actions to make the area safe and prevent further contamination or pollution occurring. Unexpected contamination shall be reported to the Council within 2 working days or as soon as possible if there are significant risks to people or the environment.ÿ ÿ Further Intrusive Site Investigation (FSI) shall be undertaken and a Remediation Statement (RS), addressing the unexpected contamination, shall be submitted to and approved in writing by the local planning authority. The FSI and RS shall include full details of requirements for ongoing monitoring and maintenance and be prepared in line with the Environment Agency's current Land Contamination Risk Management Guidance and Council's guidance or any subsequent updates.ÿ
Reason - To ensure any risks from land contamination are both minimised and managed and comply with the NPPF and development plan policies and in particular policy CE7 of the Local Plan 2019.ÿ

37)

Energy Performance - including updated Be Lean Assessment No development shall commence until an updated Be Lean assessment has been submitted to and approved in writing by the Local Planning Authority to demonstrate that energy efficiency measures have been further maximised towards meeting the Be Lean 15% target. The submitted assessment shall include demonstration that the average cooling demand would be lower than the notional building in Part L of the Building Regulations (2021). The development shall be constructed in accordance with the submitted Energy Strategy and the updated Be Lean assessment required under part (a). The energy efficiency and sustainability measures set out therein shall be completed and made operational prior to the first occupation of the development and retained for the lifetime of the development. The development shall achieve regulated carbon dioxide emission savings of no less than 15 per cent against the Target Emissions Rate of Part L of Building Regulations (2021) as set out in the approved Energy Strategy, or a greater figure if identified following the updated Be Lean assessment required under part (a). Prior to occupation of the development, evidence shall be submitted to and approved in writing by the Local Planning Authority: to demonstrate that the development has been carried out in accordance with the approved Energy Strategy and updated Be Lean assessment required under (a) and the minimum reduction in C02 beyond Part L in part (c) has been achieved and that all of the approved energy efficiency and sustainability measures have been implemented. to demonstrate the ability for future connection to a heat network including layout of the plant room with space for the heat exchanger, safeguarded routes for pipework from the site boundary and provision for connections to a heat network at the site boundary.
Reason - To ensure that the development contributes to the attainment of sustainable development and to comply with po

38)

Post Construction Whole Life Carbon Assessment Prior to the occupation of the development the completed post-construction tab of the GLA's Whole Life-Cycle Carbon Assessment template shall be submitted to and approved in writing by the Local Planning Authority. The template shall be completed in line with the GLA's Whole Life-Cycle Carbon Assessment London Plan Guidance. The post-construction assessment should also include confirmation of submission of it and any supporting evidence to the GLA at: [email protected], along with any supporting evidence as per the guidance.
Reason: In the interests of sustainable development and to maximise on-site carbon dioxide savings, in accordance with London Plan policy SI 2 and the Mayor of London's Whole Life Carbon Assessment Guidance (LPG).

39)

Circular Economy Post Construction Monitoring Report Prior to the occupation of the development, a post construction monitoring report shall be submitted to and approved in writing by the Local Planning Authority. The report shall be completed in line with the GLA's Circular Economy Statement Guidance (LPG). The report shall also include confirmation of submission of the report to the GLA at: [email protected], along with any supporting evidence as per the guidance.
Reason: In the interests of sustainable waste management and in order to maximise the re-use of materials, in accordance with London Plan policy SI 7 and the Mayor of London's Circular Economy Statements Guidance (LPG).

40)

BREEAM Rating - New build non-residential The non-residential floorspace shall achieve a BREEAM rating of Excellent. Witihin six months of occupaiton of the development evidence shall be submitted to and approved in writing by the Local Planning Authority that a Post Construction Review Certificate has been issued for 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 Local Plan 2019 and policy SI5 of the London Plan.

41)

Flood Risk and Drainage - Further information requiredÿ No development shall commence until the following flood risk and surface water drainage information is submitted to and approved in writing by the Local Planning Authority.ÿ Flood Riskÿ Details of the suitable pump device (specification and location) to protect the development from sewer flooding.ÿ Surface Water Drainage (SuDS)ÿ Details of the proposed SuDS (green roof, permeable paving and below ground geocellular crates), their location, extent, attenuation capacity, specification, structural integrity, construction, operation, access, and maintenance.ÿ Section/profile drawings of all the SuDS.ÿ Drainage plan to show the location and extent of the proposed SuDS, their outflows, pumps and any flow control devices. The plan should show how surface water run-off will be conveyed to the SuDS, overland flow paths, and any connections to the sewer system if necessary.ÿ A phasing plan if the scheme is delivered in different phases.ÿ Our SuDS proforma with the SuDS details.ÿ Management and maintenance plan for the surface water drainage system. ÿ The approved flood risk and surface water drainage (SuDS) measures shall then be fully implemented prior to the first use of the development, made fully functional at all times and maintained thereafter.ÿ
Reason - To reduce flood risk and to contribute to sustainability in accordance with policies CE2g and CL7n of the 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 Local Plan 2019.ÿ

42)

Ecological Management Plan Prior to the occupation of the development hereby permitted, a Habitat and Ecological Management Plan for the development shall be submitted to and approved in writing by the Local Planning Authority. The Plan shall include: a) No Net Loss and Net Gain calculations, which shall be in accordance with BS42020:2013. b) The recommendations and wildlife enhancements as per the Preliminary Ecological Appraisal dated January 2023. c) Details of the enhancements (where relevant) to include specifications, location, positions, aspect, etc. c) Timetable for implementation d) Details of the long-term ecological objectives, maintenance schedules, management and monitoring. e) Details of bird and bat nesting boxes / bricks including the exact location, specification and design of the habitats. The development shall not be occupied until the approved scheme for the development is implemented in full and shall thereafter be retained.
Reason: To ensure the development provides the maximum possible provision towards creation of habitats and valuable areas for biodiversity. In accordance with Local Plan policy CE4 and London Plan policy G6.

43)

Demolition Traffic Management Plan (DTMP) No development 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 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 and demolition work associated with the development; h) work programme and/or timescale for each phase of preparation amd demolition work associated with the development; i) details of measures to protect pedestrians and other highway users from demolition 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 and Transport and Streets SPD's 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'

44)

Construction Traffic Management Plan (CTMP) No development shall commence (save for demolition) 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 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, excavation and construction work associated with the development; h) work programme and/or timescale for each phase of preparation, 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 condition to be on the basis that 'No

45)

Demolition Environmental Management Plan (DEMP) No development shall commence until a site-specific Demolition Environmental Management Plan (DEMP) has been submitted to and approved in writing by the Local Planning Authority. The DEMP submitted must comply with and follow the chapter order (4-7) and appendices (5,7,8,9) of the Mayors of London 'The Control of Dust and Emissions during Construction and Demolition' Supplementary Planning Guidance (2014). The works shall only be carried out in accordance with the approved plan.
Reason:ÿTo ensure any impact on air quality is both minimised and managed and to comply with the NPPF (2023), Local Plan policies CE3, CE5, CE6 and CL5 and London Plan policy SI 1 and guidance in the Mayor of London's Supplementary Planning 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.

46)

Construction Environmental Management Plan (CEMP) No development (save for demolition) shall commence until a site specific Construction Environmental Management Plan (CEMP) has been submitted to, and approved in writing by, the Local Planning Authority. The CEMP submitted must comply with and follow the chapter order (4-7) and appendices (5,7,8,9) of the Mayors of London 'The Control of Dust and Emissions during Construction and Demolition' Supplementary Planning Guidance (2014). The works shall only be carried out in accordance with the approved plan.
Reason:ÿTo ensure any impact on air quality is both minimised and managed and to comply with the NPPF (2023), Local Plan policies CE3, CE5, CE6 and CL5 and London Plan policy SI 1 and guidance in the Mayor of London's Supplementary Planning Guidance 'Control of dust and emissions from construction and demolition'.

47)

Crossrail 2 Safeguarding No development shall commence until detailed design and construction method statements for all the ground floor structures, foundations and basements and for any other structures below ground level, including piling (temporary and permanent), have been submitted to and approved in writing by the Local Planning Authority which: Accommodate the proposed location of the Crossrail 2 structures including tunnels, shafts and temporary works, Accommodate ground movement arising from the construction thereof, Mitigate the effects of noise and vibration arising from the operation of the Crossrail 2 railway within the tunnels and other structures. The development shall be carried out in all respects in accordance with the approved design and method statements. All structures and works comprised within the development hereby permitted which are required by paragraphs (i), (ii) and (iii) of this condition shall be completed, in their entirety, before any part of the building is occupied.
Reason: To prevent any significant disturbance of existing and proposed Crossrail 2 infrastructure, and prevent any significant disturbance to residents of nearby properties and comply with development plan policies, in particular policies CL5 and CE5 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.

48)

Code of Construction Practice No development shall commence until: An Appendix A Checklist and Site Construction Management Plan (SCMP) for the development have both been submitted to, and 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 development shall be carried out in accordance with the Appendix A Checklist and SCMP so approved, or in accordance with a subsequent Checklist or SCMP as may be approved under this condition. Note - 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
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.

49)

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.

50)

Professional management of engineering works No development of the relevant part of the site shall commence (save for site clearance and enabling works) until: 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 the name, and contact details of the person supervising engineering and construction on the relevant part of the 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.

51)

Thames Water - sewage infrastructure protection No 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 damage to subsurface sewerage infrastructure, and the programme for the works) has been submitted to and approved in writing by the Local Planning Authority. Any piling must be undertaken in accordance with the terms of the approved piling method statement.
Reason - The proposed works are within 15 metres of a strategic sewer. Piling has the potential to significantly impact/cause failure of local underground sewerage infrastructure.

52)

Ventilation Strategy Prior to commencement of above ground (excluding site clearance, demolition and basement works) a Ventilation Strategy report in order to mitigate air pollution shall be submitted to and approved in writing by the Local Planning Authority. The Ventilation Strategy report should include the following information: Details and locations of the air intake locations on the buildings; Details and locations of ventilation extracts, generator flues, to demonstrate that they are located a minimum of 2 metres away from the fresh air ventilation intakes, openable windows, balconies, roof gardens, terraces; and If part (a) is not implemented details of the independently tested mechanical ventilation system with Nitrogen Dioxide (NO2) and Particulate Matter (PM2.5, PM10) filtration with air intakes on the rear elevations to remove airborne pollutants. The filtration system shall have a minimum efficiency of 75% in the removal of Nitrogen Oxides/Dioxides, Particulate Matter (PM2.5, PM10) in accordance with BS EN ISO 10121-1:2014 and BS EN ISO 16890:2016. The whole system shall be designed to prevent summer overheating and minimise energy usage. The maintenance and cleaning of the systems shall be undertaken regularly in accordance with manufacturer specifications and shall be the responsibility of the primary owner of the property. Approved details shall be fully implemented prior to the occupation/use of the development and thereafter permanently retained and maintained. ÿ
Reason:ÿTo ensure any impact on air quality is both minimised and managed during construction and to comply with the NPPF (2023), and Local Plan policy CE5 and London Plan policy SI 1.

53)

Ventilation Strategy (Compliance) Prior to occupation of the development, details of a post installation report of the approved ventilation strategy shall be submitted to and approved in writing by the Local Planning Authority. Approved details shall be fully implemented prior to the occupation/use of the development and thereafter permanently retained and maintained.
Reason:ÿTo ensure any impact on air quality is both minimised and managed during construction and to comply with the NPPF (2023), and Local Plan policy CE5 and London Plan policy SI 1.

54)

Second floor flat roof - Use precluded Notwithstanding the details shown on the submitted plans the second floor flat roof as shown on drawing 2133-PP-ZZ-02-DR-A-10-0102 Rev P4 shall not be used at any time as an amenity space/terrace and access shall be for maintenance and cleaning purposes only. No development shall commence until revised drawings have been submitted to and approved in writing by the Local Planning Authority to show how the preclusion of the use of the roof terrace will be achieved. The development shall be carried out in accordance with the approved drawings and so retained and maintained for the lifetime of the development.
Reason: To avoid overlooking and disturbance to neighbouring properties in accordance with policy CL5 of the Local Plan (2019) and policy D13 of the London Plan (2021). 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.

55)

Third floor flat roofs (east) - Use precluded Notwithstanding the details shown on the submitted plans the third floor flat roofs on the eastern side of the building as shown on drawing 2133-PP-ZZ-03-DR-A-10-0103 Rev P4 shall not be used at any time as an amenity space/terrace and access shall be for maintenance and cleaning purposes only. No development shall commence until revised drawings have been submitted to and approved in writing by the Local Planning Authority to show how the preclusion of the use of the roof terrace will be achieved. The development shall be carried out in accordance with the approved drawings and so retained and maintained for the lifetime of the development.
Reason: To avoid overlooking and disturbance to neighbouring properties in accordance with policy CL5 of the Local Plan (2019) and policy D13 of the London Plan (2021). 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.

56)

First floor flat roof (east) - Use precluded Notwithstanding the details shown on the submitted plans the first floor flat roof on the eastern side of the building as shown on drawing 2133-PP-ZZ-01-DR-A-10-0101 Rev P4 shall not be used at any time as an amenity space/terrace and access shall be for maintenance and cleaning purposes only. No development shall commence until revised drawings have been submitted to and approved in writing by the Local Planning Authority to show how the preclusion of the use of the roof terrace will be achieved. The development shall be carried out in accordance with the approved drawings and so retained and maintained for the lifetime of the development.
Reason: To avoid overlooking and disturbance to neighbouring properties in accordance with policy CL5 of the Local Plan (2019) and policy D13 of the London Plan (2021). 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.

57)

Balustrades - Prevention of overlooking Notwithstanding the details shown on the submitted plans, no development shall commence until details of the balustrades to the building edges on the south elevation showing the means to obscure views into neighbouring properties have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details and retained thereafter for the lifetime of the development.
Reason: To avoid overlooking of neighbouring properties in accordance with 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.

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
There are conditions attached to this planning permission that 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)

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 Place, 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

4)

Unique text
The main set of contaminated land conditions are attached to this decision notice as contamination of soil or water is judged to have the potential to harm people, property, or the wider environment or to pollute waters. Reference must be made to the CLC1 guidance produced by the Pollution Regulatory Team (https://www.rbkc.gov.uk/environment/land-contamination/land-contamination). Local information, which should be obtained, includes a search of the Pollution Regulatory Team's records (email [email protected]), freely available recent and historical planning information (https://www.rbkc.gov.uk/planning/searches/default.aspx) and potentially information available at the local studies library at Kensington Library (https://www.rbkc.gov.uk/libraries/local-studies-and-archives). We strongly recommend that a competent and appropriately qualified environmental professional undertakes or oversees the work to discharge the conditions. The responsibility to properly address contaminated land issues, including safe development and secure occupancy, and irrespective of any involvement by the Council lies with the owner/developer of the site.

5)

Unique text
The UK Health Security Agency and HSE policy and guidance recommends and, in some cases, requires, that the owner and/or occupier of buildings undertake radon monitoring in all occupied and used basement areas, regardless of geographical location or radon risk rating. Radon monitoring should therefore be undertaken in line with these requirements. If monitoring identifies radon levels above the target level of 100Bq/m3 within a dwelling or above the relevant action level for occupational exposure, actions are recommended and for workplaces, may be required by the HSE. If radon is identified above 100Bq/m3 during future monitoring, please inform the Council at [email protected].

6)

Unique text
Transport for London is prepared to provide information about the proposed location of the Crossrail 2 tunnels and structures. It will supply guidelines about the design and location of third-party structures in relation to the proposed tunnels, ground movement arising from the construction of the tunnels and noise and vibration arising from the construction and use of the tunnels. Applicants are encouraged to discuss these guidelines with the Crossrail 2 engineer in the course of preparing detailed design and method statements. In addition, the latest project developments can be found on the Crossrail 2 website www.crossrail2.co.uk , which is updated on a regular basis.

7)

GTD/No pre-app/Amendmts to comply Est. G
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, although not used in this instance. On first submission the proposals did not comply with guidance, but improvements suggested by the planning authority were adopted by the applicant.

Committee details

Decision by: This case is currently due to be decided by the Planning Committee.
Date:05 Oct 2023
Time:18:30
Venue:The Council Chamber
Report item number:ST15

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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Contact details

Planning case officer: Laura Fogarty
Planning team: Strategic Developments Team
Email: [email protected]
Telephone: 020 7361 3012

Comment on this application

The consultation period for this application has ended.

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