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)
Demolition Environmental Management Plan
No demolition works shall be undertaken on each demolition Phase until a site specific Demolition Environmental Management Plan has been submitted to and approved in writing by the local planning authority. This shall include a risk assessment and appropriate mitigation measures to minimise dust and emissions based on the Mayor's Best Practice Guidance (The Control of Dust and Emissions from Construction and Demolition) or the London Plan control of emissions from construction and demolition SPG. The report shall also include an inventory and timetable of dust generating activities, emission control methods and where appropriate air quality monitoring. The works shall only be carried out in accordance with the approved plan for each demolition phase.
Reason - To minimise the impact of the proposed demolition on the amenity of neighbouring occupiers and to comply with policies of the development plan in particular policies CL5 and CE6 of the Consolidated Local Plan and the requirements of the NPPF and Policy 7.14 b of the London Plan. It is necessary for the condition to be on the basis that 'No demolition works shall be undertaken 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.
4)
Construction Environmental Management Plan
No construction works shall be undertaken until a site specific Construction Environmental Management Plan has been submitted to and approved in writing by the local planning authority. This shall include a risk assessment and appropriate mitigation measures to minimise dust and emissions based on the Mayor's Best Practice Guidance (The Control of Dust and Emissions from Construction and Demolition) or the London Plan control of emissions from construction and demolition SPG. The report shall also include an inventory and timetable of dust generating activities, emission control methods and, where appropriate, air quality monitoring. The works shall only be carried out in accordance with the approved plan.
Reason - To minimise the impact of the proposed construction on the amenity of neighbouring occupiers and to comply with policies of the development plan in particular policies CL5 and CE6 of the Consolidated Local Plan. It is necessary for the condition to be on the basis that 'No construction works shall be undertaken 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.
5)
Demolition Traffic Management Plan (DTMP)
No demolition shall commence on each demolition phases until a Demolition Traffic Management Plan has been submitted to and approved in writing by the local planning authority.
The statement shall include:
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;
access arrangements to the site;
the estimated number and type of vehicles per day/week;
details of any vehicle holding area;
details of the vehicle call up procedure;
estimates for the number and type of parking suspensions that will be required;
details of any diversion or other disruption to the public highway during preparation, demolition work associated with the development;
work programme and/or timescale for each phase of preparation demolition, and excavation work associated with the development;
details of measures to protect pedestrians and other highway users from demolition activities on the highway;
a strategy for coordinating the connection of services on site with any programme work to utilities upon adjacent land; and
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.
Reason - To minimise the impact of demolition works upon highway safety and nearby residents' enjoyment of their properties in accordance with the Basements SPD and policies CT1 and CL5 of the Consolidated Local Plan. It is necessary for the condition to be on the basis that 'No demolition shall commence until' as compliance with the requirements of the condition at a later time would result in unacceptable harm contrary t
6)
Construction Traffic Management Plan (CTMP)
No construction works 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 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 construction work associated with the development;
h) work programme and/or timescale for each phase of construction work associated with the development;
i) details of measures to protect pedestrians and other highway users from construction activities on the highway;
j) a strategy for coordinating the connection of services on site with any programme work to utilities upon adjacent land; and
k) where works cannot be contained wholly within the site a plan should be submitted showing the site layout on the highway including extent of hoarding, position of nearby trees in the highway or adjacent gardens, pedestrian routes, parking bay suspensions and remaining road width for vehicle movements.
The development shall be carried out in accordance with the approved Construction Traffic Management Plan.
Reason - To minimise the impact of construction works upon highway safety and nearby residents' enjoyment of their properties in accordance with the Basements SPD and policies CL7, CT1 and CL5 of the Consolidated Local Plan. It is necessary for the condition to be on the basis that 'No construction works shall commence until' as compliance with the requirements of the condition at a later time would result in unacceptable harm contrary t
7)
Delivery, Service and Waste Management Plan - Commercial Uses
Prior to occupation of any commercial use within the site, an updated delivery, service and waste management plan for the commercial uses within the site detailing the delivery, servicing, refuse and recycling storage facilities and arrangements for those uses shall be submitted to and approved in writing by the Local Planning Authority and fully implemented and made available for immediate use in accordance with the approved details. The facilities shall thereafter be retained for use at all times and the servicing and delivery arrangements of the commercial uses carried out in accordance with the approved details.
Reason - To prevent any significant disturbance to residents of nearby properties and the surrounding highway and comply with development plan policies, in particular policies CT1, CL5 and CE5 of the Consolidated Local Plan.
8)
Professional management of engineering works
No development shall commence until a Chartered Civil Engineer (MICE) or Chartered Structural Engineer (MI Struct.E)ÿhas been appointed to supervise the construction works throughout their duration and their appointment confirmed in writing to the Local Planning Authority. In the event that the appointed engineer ceases to perform that role for whatever reason before the construction works are completed those works will cease until a replacement chartered engineer of the afore-described qualification has been appointed to supervise their completion and their appointment confirmed in writing to the Local Planning Authority. At no time shall any construction work take place unless an engineer is at that time currently appointed and their appointment has been notified to this Authority in accordance with this condition.
Reason - The details are considered to be material to the acceptability of the proposal, and for safeguarding the amenity of neighbouring residential properties and to comply with the Basements SPD and policy CL7 of the Consolidated Local Plan 2015. It is necessary for the condition to be on the basis that "No development shall commence until" as compliance with the requirements of the condition at a later time would result in unacceptable harm contrary to the policies of the Development Plan.
9)
Considerate Constructors Scheme (CCS)
No development shall commence until such time as the lead contractor, or the site, is signed to the Considerate Constructors Scheme (CCS) and its published Code of Considerate Practice, and the details of (i) the membership, (ii) contact details, (iii) working hours as stipulated under the Control of Pollution Act 1974, and (iv) Certificate of Compliance, are clearly displayed on the site so that they can be easily read by passing members of the public, and shall thereafter be maintained on display throughout the duration of the works forming the subject of this permission.
Reason - To mitigate the impact of construction work upon the levels of amenity that neighbouring occupiers should reasonably expect to enjoy, and to comply with the Basements SPD and policy CL5 of the Consolidated Local Plan 2015. It is necessary for the condition to be on the basis that "No development shall commence until" as compliance with the requirements of the condition at a later time would result in unacceptable harm contrary to the policies of the Development Plan.
10)
Hours of operation - roof terraces fronting Wrights Lane
The roof terraces fronting Wrights Lane shall not be used (except for maintenence and cleaning) other than between 08:00 hours and 19:00 hours Monday to Friday and between 09:00 and 18:30 on Sundays and public holidays.
Reason - To prevent any significant disturbance to residents of nearby properties and comply with development plan policies, in particular policy CL5 of the Consolidated Local Plan.
11)
Contamination - Unexpected
If during development, contamination not previously identified is found to be present at the site, development work in the relevant area shall cease and not be recommenced until a report indicating the nature of the contamination and how it is to be dealt with has been submitted to, and approved in writing by, the local planning authority.
Reason - To ensure any risks from land contamination are minimised, and comply with the NPPF and development plan policies, in particular policy CE7 of the Consolidated Local Plan, and to accord with CLR 11: Model Procedures for the Management of Land Contamination (Defra 2004) or the current UK requirements for sampling and testing).
12)
Submission of details (Full PP)
Prior to the commencement of development, save for any demolition 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 carried out otherwise than in accordance with the details so approved:
Cross section and plans through typical window and doorway in each building;
Section and elevation details of the roof terraces;
Elevation details of all new entrances;
Elevation and section details of the roof top plant and enclosures;
Section and elevation details of the aracade;
Details of any external lighting to the buildings; and
Details of the proposed mechanical ventilation system demonstrating how this would avoid areas of NO2 or PM exceedances in relation to air quality.
Reason - To accord with the development plan by ensuring that the character and appearance of the area are preserved..
13)
Signage Strategy
Prior to the first occupation of each of the retail units, details of the shopfront signage and incorporated ventilation including elevation drawings (at Scale 1:20) and plan and section drawings (at Scale 1:5) shall be submitted to and approved in writing by the local planning authority. The development shall be completed in accordance with the approved details
Reason - To accord with the development plan by ensuring that the character and appearance of the area are preserved.
14)
Change of use (GPDO restriction)
Notwithstanding any rights under the Town and Country Planning (Use Classes) Order 1987 (as amended) and the Town and Country Planning (General Permitted Development) Order 2015 (or any Act or Order revoking or reenacting those orders), the units and floor areas shown as being A1 Retail on drawing numbers 1418-PP-B1-DR-A-100-099, 1418-PP-GF-DR-A-100-100 rev 01 and 1418-PP-MZ-DR-A-100-100M rev 01 shall not be used for any purpose other than within Use Class A1 of the Town and Country Planning (Use Classes) Order 1987 (as amended).
Reason - Although such use would, in the absence of this condition, be permitted under the provisions of Article 3, Schedule 2, Part 3, of the Town and Country Planning (General Permitted Development) Order 2015 the use is precluded in this case to ensure that the proposals do not harm the viability and vitality of the Kensington Major Shopping Centre.
15)
Restricting planning permission granted by GPDO - Removal of PD Rights
Notwithstanding any rights under Schedule 2 Part 16 of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any Act or Order re-enacting), except that which is shown on the approved plans, no further communications equipment shall be located at roof level without the express grant of planning permission.
Reason - Although such porposals would, in the absence of this condition, be permitted under the provisions of Schedule 2, Part 16, of the Town and Country Planning (General Permitted Development) Order 2015 the proposals are precluded to ensure that the proposals preserve the character and appearance of the conservation area.
16)
Travel Plan - Details reserved
No buildings 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 Consolidated Local Plan.
17)
Sustainable Urban Drainage System (SuDS) (for major and minor applications - implementation)
During construction of the development hereby permitted the submitted Sustainable Urban Drainage System (SuDS) shall be fully implemented and maintained thereafter.
Reason - To reduce flood risk and to contribute to sustainability in accordance with policy CE2 of the Consolidated Local Plan.
18)
Emission limits for combustion plant -pre-installation
Prior to installation of the boilers on site, details of all combustion plant shall be submitted and approved by the Local Planning Authority. The ultra low Gas fired boilers being fitted shall have dry NOx emissions limits as set in the air quality assessment (as referred to in the air quality report dated October 2017) and shall not be greater than 40 mg/kWh (at 0% O2). Following installation, emissions certificates will need to be submitted to the Local Planning Authoirty to verify boiler emissions. Where any combustion plant does not meet the relevant standard, it should not be operated without the fitting of suitable NOx abatement equipment or technology.The submitted evidence must include the results of the NOx emission testing of the boilers by an accredited laboratory. The maintenance of the cleaning of the system shall be undertaken regularly in accordance with manufactures specification.
Reason: To safeguard air quality on and adjacent to the site, in order to comply with Consolidated Local Plan Policy CE5 and 7.14 a and c of the London Pla.
19)
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.
20)
London Underground infrastructure
No development shall take place until a detailed design and method statement that has been agreed with London Underground, has been submitted to and approved in writing by the Local Planning Authority. The detailed design and method statements shall:
provide details on all structures including demolition
provide confirmation that the station entrance will not be obstructed at any time
accommodate the location of the existing London Underground access
accommodate ground movement arising from the construction thereof.
The development shall only be carried out in complete accordance with the approved details.
Reason To ensure that the development does not impact on existing London Underground transport infrastructure, in accordance with London Plan 2015 and 'Land for Industry and Transport Supplementary Planning Guidance 2012
21)
Submission of materials
Before the relevant part of the work is begun, full particulars and samples of materials in respect of the following shall be submitted to and approved in writing by the local planning authority, and the works shall not be carried out other than in accordance with the details so approved and shall thereafter be so maintained:
(a) Samples of materials to be used on the external faces of the building (to be provided on site);
(b) Sample panel of the facing brickwork panels showing the proposed colour, texture, facebond and pointing (to be provided on site);
Reason - To accord with the development plan by ensuring that the character and appearance of the area are preserved.