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
Notwithstanding condition 2, prior to the commencement of the relevant works, 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:
(a) Detailed elevation drawings clearly showing the design of the facades, distribution of the differing materials / brick patterns;
(b) Samples of all materials including bricks and windows, which shall be provided on site;
(c) Detailed elevation and section drawings of all external door and window openings;
(d) Details of the boundary treatments;
(d) Drawings showing the location of proposed plant equipment and any enclosure.
Reason - To accord with the development plan by ensuring that the character and appearance of the area are preserved in accordance with policies CL1 and CL2 of the Local Plan.
4)
Sample Panel of Materials
Prior to commencement of the relevant works, a sample panel showing the proposed colour, texture, facebond 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 and CL2 of the Local Plan.
5)
Roof structures and appliances
Except as shown on the approved drawings, no water tank, lift motor room, or other structure or appliance, shall be erected upon the roof.
Reason - To preserve the appearance of the building and the character of the area, in accordance with policies of the development plan in particular policies CL1 and CL2 of the Local Plan 2019.
6)
Accessible and Adaptable Dwellings
The ground floor unit shown on drawing 5613-PRPA-ZZ-ZZ-DR-A-2100 Rev P1 and 5613-PRPA-ZZ-ZZ-DR-A-2150 Rev 0 shall be built to requirement M4(3) wheelchair user dwellings contained within Part M volume 1 of the Building Regulations, and shall thereafter be retailed as such. All other dwellings shall be built to requirement M4(2) accessible and adaptable dwellings contained within Part M volume 1 of the Building Regulations and thereafter maintained.
Reason - To ensure satisfactory provision for people with disabilities and meet the changing needs of households in accordance with development plan policies in particular policy CH2 of the Local Plan 2019 and policy D7 of the London Plan 2021.
7)
Energy Performance
The development shall be constructed in accordance with the submitted Energy Statement prepared by Arup and dated 26 July 2021, demonstrating how the development will follow the hierarchy of energy efficiency, decentralised energy and renewable energy technologies to secure the minimum 59% reduction in CO2 emissions beyond the baseline of Part L of the Building Regulations 2013 as outlined in the strategy.
Prior to occupation of the development, evidence shall be submitted to the Local Planning Authority to demonstrate that the development has been carried out in accordance with the approved Energy Statement unless otherwise agreed by the Local Planning Authority in writing.
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 SI 2 of the London Plan.
8)
Water consumption
Water efficient fixtures and fittings shall be provided in all residential units to achieve a water use target of no more than 105 litres per person per day.
Reason - To ensure efficient use of water and minimise waste, in accordance with Policy SI 5 of the London Plan.
9)
Protection of trees during construction - Details required
No development shall commence until full particulars of the method(s) by which all existing trees on the site and adjacent land (including street trees) are to be protected during site preparation, demolition, construction, landscaping, and other operations on the site including erection of hoardings, site cabins, or other temporary structures, shall be submitted to and approved in writing by the local planning authority and the development shall be carried out only in accordance with the details so approved.
Reason - To ensure that the trees are adequately protected, to safeguard their contribution to theÿappearance and amenity of the area and accord with policies of the development plan, in particular policy CR6 of the Consolidated Local Plan. It is necessary for the condition to be on the basis that 'No development shall commence until' as compliance with the requirements of the condition at a later time would result in unacceptable harm contrary to the policies of the Local Plan 2019.
10)
Trees and landscaping - Details required
Notwithstanding condition 2, prior to the commencement of the relevant part of the works, a scheme of landscaping, to include all existing trees and shrubs and proposed trees shrubs and paths and hard and soft landscaping including surfacing materials, lighting, and other furniture has been submitted to and approved in writing by the local planning authority. The development shall only be carried out and maintained in accordance with the details so approved.
Reason - To protect the appearance and amenity of the area and to accord with policies of the development plan, in particular policy CR6 of the Local Plan 2019.
11)
Planting and replanting
All tree and shrub planting forming part of the plans and details approved through this planning permission shall be carried out in the first planting and seeding season following the first occupation of the development or the completion of the development whichever is the sooner. Any trees or shrubs which, within a period of five years from the first planting and seeding season referred to above, die, are removed, or become seriously damaged or diseased, shall be replaced in the next planting season with others of similar size and species.
Reason - To protect the appearance of the amenity of the area and to accord with policies of the Development Plan, in particular policies CR6 of the Local Plan and Policy G7 of the London Plan.
12)
Contamination - preliminary risk assessment report and proposed site investigation
No development shall commence until a 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 2019. The condition specifies 'No development shall commence until' to ensure that wherever possible sit 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.
13)
Contamination - Quantitative risk assessment and remediation strategy
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 [Th 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.
14)
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.
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.
15)
Contamination -Unexpected contamination
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.
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.
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.
16)
Air Source Heat Pumps (ASHP) Compliance
Prior to occupation, details of the installation of ASHP are to be provided for space heating and hot water shall be submitted to and approved in writing by the Local Planning Authority. Approved details shall be fully implemented prior to occupation / use of the development and thereafter permanently retained and maintained.
Reason: To comply with policies as required by Local Plan Policy CE5 and SI 1 of the London Plan.
17)
Air Quality Dust Management Plan (Construction)
Prior to the commencement of the construction works a site specific Air Quality Dust Management Plan (Construction) (AQDMP) shall be submitted to and approved in writing by the Local Planning Authority. The AQDMP must include an Air Quality Dust Risk Assessment (AQDRA) that considers offsite sensitive receptors and is undertaken in compliance with the methodology contained within Chapter 4 of the Mayor of London 'The Control of Dust and Emissions during Construction and Demolition SPG', July 2014 (and subsequent amendments) and he identified measures recommended for inclusion within the AQDMP. The AQDMP submitted must comply with the Mayor's SPG and include:
an Inventory and Timetable of dust generating activities during Construction;
site specific dust mitigation and emission control measures in table format as contained within Appendix 7 of the Mayors SPG including for on-road construction traffic;
Detailed list of Non-Road Mobile Machinery (NRMM) used on site;
Details of MCERTS compliant monitoring of Particulates (PM10) used to prevent levels exceeding predetermined PM10 threshold trigger levels. Developers must ensure that on-site contractors follow best practicable means to minimise dust, particulates (PM10, PM2.5) and NOx emissions at all times. Approved details shall be fully implemented and permanently retained and maintained during the demolition phases of the development.
NRMM should meet as a minimum the criteria of Directive 97/68/EC and its subsequent amendments. This will apply to both variable and constant speed engines for both NOx and PM. An inventory of all NRMM for the first phase of demolition shall be registered on the NRMM register prior to the commencement of any demolition works and thereafter retained and maintained until occupation of the development; use of on-road Ultra Low Emission Zone (ULEZ) compliant vehicles in accordance with the emission hierarchy (1) Electric (2) Hybrid (Electr
18)
Non Road Mobile Machinery (NRMM)
All Non-road Mobile Machinery (NRMM) used during the course of the development that is within the scope of the GLA 'Control of Dust and Emissions during Construction and Demolition' Supplementary Planning Guidance (SPG) dated July 2014, or any successor document, shall comply with the emissions requirements therein.
Reason: To comply with the requirements of the NPPF, policy SI 1 of the London Plan and policy CE5 of the Local Plan.
19)
Air Quality Dust Monitoring
The developer shall monitor the levels of dust pollution using an objective method of measurement for each working site. The developer shall submit to the Local Planning Authority the proposed method, the frequency and location of monitoring. Baseline levels of dust shall be agreed prior to the commencement of works of demolition and construction. The developer shall also agree action levels of dust pollution with the Local Planning Authority. When these levels are exceeded the developer shall take action to ensure that the levels of dust are reduced to comply with the agreed action level.
Reason: To comply with the requirements of the NPPF, policy SI 1 of the London Plan and policy CE5 of the Local Plan.
20)
Security Measures
The development hereby permitted shall incorporate security measures to minimise the risk of crime and to meet the specific security needs of the development in accordance with the principles and objectives of Secured by Design. Details of these measures shall be submitted to and approved in writing by the local planning authority prior to the commencement of above ground works and shall be implemented in accordance with the approved details prior to occupation.
Reason: In order to achieve the principles and objectives of Secured by Design to improve community safety and crime prevention in accordance with Policy: Policy CL2 Local Plan, Policy D11 London Plan, Section 17 Crime and Disorder Act 1988 and National Planning Policy Framework (NPPF).
21)
Secured by Design Inspection
Prior to the occupation of the development and once all works have been carried out to ensure compliance in all areas, a Secured by Design final inspection shall be carried out and certification shall be submitted to and approved by the Local Planning Authority.
Reason: In order to achieve the principles and objectives of Secured by Design to provide a safer environment for future residents and visitors to the site and reduce the fear of crime in accordance with Policy: Policy CL2 RBKC Local Plan, Policy D11 London Plan, Section 17 Crime and Disorder Act 1988 and National Planning Policy Framework (NPPF).
22)
London Underground: Design and Method Statements
The development hereby permitted shall not be commenced until detailed design and method statements (in consultation with London Underground), have been submitted to and approved in writing by the local planning authority which:
provide demolition and construction details agreed in full consultation with TfL Engineering Infrastructure Protection to agree demolition and construction methodologies prior to commencement of works
provide details on the use of scaffolding and tall plant (including tower cranes, mobile cranes and piling rigs)
To ensure safety of the railway there should be no opening windows, balconies or terraces facing the LU elevation where anything may be thrown onto London Underground infrastructure or assets (incl. track)
accommodate ground movement arising from the construction thereof - A ground movement analysis will be required.
mitigate the effects of noise and vibration arising from the adjoining operations within the structures - No claims to be made against TfL or London Underground by the Royal Borough of Kensington and Chelsea, purchasers, tenants, occupants or lessees of the development for any noise or vibration resulting from London Underground running, operating and maintaining the adjacent railway and viaduct
demonstrate access to elevations of the building adjacent to the property boundary with London Underground can be undertaken without recourse to entering our land
Demonstrate that there will at no time be any potential security risk to our railway, property or structures - RAMS to be agreed with TfL Engineering for any activities which TfL may deem to be a risk to LU
no glare or glint to be shed onto the railway from the construction, structure or lighting.
no works to commence on any part of TfL/LU Property until any agreements required with TfL Property or TfL Legal have been agreed and signed by all parties
The development shall thereafter be carried out in all respects in ac
23)
Travel Plan
No dwelling 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.
24)
Delivery and Servicing Management Plan
Prior to the occupation of the development , a Delivery and Servicing Management Plan shall be submitted to and approved in writing by the local planning authority. The approved details shall be fully implemented and the use carried out only in accordance with the approved details.
Reason - To ensure the safe and sustainable movement of delivery and servicing vehicles, in accordance with policies of the development plan in particular policy CT1 of the Local Plan 2019.
25)
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. 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 condition to be on the
26)
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.
27)
Construction Environmental Management Plan (CEMP)
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.
28)
Provide cycle storage prior to occupation
The development shall not be occupied until the cycle storage facilities indicated on the approved plans have been fully implemented and made available for immediate use. The cycle facilities shall thereafter be retained for use at all times.
Reason - To ensure the safe and sustainable movement of traffic on neighbouring highways, in accordance with policies of the development plan in particular policy CT1 of the Local Plan 2019.
29)
Noise Mitigation Measures
All mitigation measures mentioned in the report by MZA acoustics shall be implemented in full as described in the Planning Application Report submitted with the application.
Reason - To prevent any significant disturbance to residents of the development and nearby properties, and comply with development plan policies, in particular policy CL5 of the Local Plan 2019.
30)
Flood Risk and Drainage - Further information required
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.
Flood Risk
Details of the suitable pump device (specification and location) to protect the development from sewer flooding.
Surface Water Drainage (SuDS)
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.
Section/profile drawings of all the SuDS.
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.
A phasing plan if the scheme is delivered in different phases.
Our SuDS proforma with the SuDS details.
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.
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.
31)
TFL Access
The existing access point to the adjacent TFL land must not be removed until replacement access has been delivered to the satisfaction of and confirmed by TFL Infrastructure Protection.
Reason: To ensure that the development does not impact on existing London Underground transport infrastructure, in accordance with London Plan 2021, draft London Plan policy T3 and 'Land for Industry and Transport' Supplementary Planning Guidance 2012.
32)
Removal of Crossover
The development shall not be occupied until the redundant crossover on Silchester Road is removed and the footway reinstated with materials matching the existing and incorporating a short stretch of dropped kerb to facilitate refuse collection.
Reason - To comply with the Council's policies of traffic restraint in particular policy CT1 of the Local Plan 2019.