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Property details

Case reference: PP/19/06226
Address: 127 Kensington High Street and 15 Wright's Lane, LONDON, W8 5SF
Ward: Abingdon
Polling district: 01
Listed Building Grade: N/A
Conservation area: N/A

Applicant details

Applicant's name: Kensington View Limited Partnership
Applicant company name: DP9
Contact address: 100 Pall Mall London SW1Y5NQ

Proposal details

Application type: PP (Planning permission)
Proposed development Variation of Condition 2 (compliance with approved drawings) of planning permission PP/17/01901 for adjustments to buildings massing to southern end of scheme; extend south, recessed roofline above fourth floor; align fifth floor pavilion with southern edge of masonry bays on Wrights Lane street wall; increased internal floor area of 243sqm GIA.
Date received: 09 Sep 2019
Registration date:
(Statutory start date)
09 Sep 2019
Public consultation ends: 11 Oct 2019
Application status: Decided
Target date for decision: 09 Dec 2019

Decision details

This case has not yet been decided.

Decision: Granted subject to legal agreement
Decision date: 20 Dec 2019
Conditions and reasons:

1)

***PLANNING PERMISSION PP/17/01901 GRANTED 28/03/2018 HAS BEEN IMPLEMENTED*** 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)

***APPROVED UNDER CON/19/01091*** 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 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)

***APPROVED UNDER CON/19/01094*** 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 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)

***APPROVED UNDER CON/19/01694*** 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 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 unaccep

6)

***APPROVED UNDER CON/19/01697*** 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 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 unaccep

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 Local Plan.

8)

***APPROVED UNDER CON/18/08515*** 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 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 Development Plan.

9)

***APPROVED UNDER CON/18/08517*** 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. 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 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 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)

***APPROVED UNDER CON/19/03894*** 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 of consent planning permission PP/17/01901, 1418-PP-GF-DR-A-100-100 rev 04 and 1418-PP-MZ-DR-A-100-100M rev 03 of this planning application 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 Local Plan.

17)

Sustainable Urban Drainage System (SuDS) During construction of the development hereby permitted a SuDS strategy with the following information shall be submitted to and approved in writing by the Local Planning Authority: A detailed analysis of surface water run-off and attenuation volume required by policy CE2g (achieve a reduction of 50% of existing rates including climate change in the calculations and factoring in all flows into the sewer system including groundwater or other flows); Information about the proposed SuDS types, their location, attenuation capacity, specification, structural integrity, construction, operation, access, and maintenance. More sustainable green SuDS should be favoured over attenuation tanks; Section/profile drawings of the SuDS if relevant (green roofs, blue roofs, sub-base attenuation, permeable paving, planters, species, etc.); and Drainage plans to show clearly how surface water run-off will be conveyed to the SuDS and any connections to the sewer system if necessary. The approved SuDS shall be fully implemented prior to the first use of the basement once the development is complete, made fully functional at all times, and maintained thereafter.
Reason - To reduce flood risk and to contribute to sustainability in accordance with policy CE2 of the 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 Local Plan Policy CE5 and 7.14 a and c of the London Pla.

19)

***APPROVED UNDER CON/18/08518*** Non Road Mobile Machinery (NRMM) Within 3 months of planning consent being granted, 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 Local Plan.

20)

***APPROVED UNDER CON/18/08527*** 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.

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)

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 Borough Development, 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

3)

GTD/Pre-app/At submission Est.G/No amend
To assist applicants in finding solutions to problems arising in relation to their development proposals the Local Planning Authority has produced planning policies, and provided written guidance, all of which are available on the Council's website. A pre-application advice service is also offered. The scheme was submitted in accordance with advice provided through pre-application discussions.

4)

Working Hours on Building Sites
Construction and demolition work is controlled by the Council under sections 60 and 61 of the Control of Pollution Act 1974. The Council has adopted a Code of Construction Practice which sets out best practice standards expected in the borough and applies to new development projects from April 2016. Under the terms of the Code, works heard at the boundary of the site are restricted to: Monday to Friday 8am - 6pm Saturday, Sunday and public holidays - none permitted The code also introduces a further set of restricted hours for high impact activities such as demolition and concrete breaking. Undertaking noisy works outside of the Code hours may be liable for prosecution and a fine of up to o5000 where a notice has been served under the Control of Pollution Act 1974.

5)

Party Wall Act 1996
You are reminded of your duties under the Party Wall Act 1996. This requires a building owner to notify and obtain formal agreement from adjoining property freeholders and leaseholders and anyone who has had an interest of 12 months or greater, where the building owner intends to carry out work which involves: Work involving an existing shared wall with another property; Building on the boundary with another property; Excavating near a neighbouring building, and that work falls within the scope of the Act Notice should be served on neighbours at least one month before commencement of building works. Section 12(1) of the Act provides for the developer to provide security for neighbours through insurance or a security bond. Procedures under this Act are separate from the need for planning permission and for building regulations approval. Further guidance is available at: Party Wall Act 1996

6)

Planning Obligation
In granting this permission the Council has had regard to Planning Obligation(s) under Section 106 of the Town and Country Planning Act 1990, as amended.

7)

Building Regs - Separate Approval
Separate approval for the works hereby granted permission/consent may be required by the Building Act 1984 and the Building Regulations 2000 (as amended), and the grant of planning permission does not imply that such approval will be given. The Director of Building Control, Town Hall, Hornton Street, W8 7NX should be consulted before works commence.

8)

Means of Escape - Separate Approval
Any proposals for external fire escapes, exit housings, roof walkways, or safety railings arising from the requirements of approved document B of the Building Regulations 2010 may require further planning permission, and approval under those Regulations does not imply that planning permission will be granted. The Directorate of Planning and Borough Development will be pleased to advise on the implications of any such changes.

9)

CTMPs - Reminder to be Sensitive
You are reminded of the purpose of the CTMP, which is to mitigate impact upon the living conditions enjoyed by residents of neighbouring properties as well as to ensure the safe and unobstructed function of the highways in the vicinity.ÿ You are also reminded of the membership of the Considerate Constructors Scheme, required by condition and which has similar objectives.ÿ Care and sensitivity is required when carrying out development in residential areas.ÿ

10)

Advertisement Consent May Be Required
The applicant is advised that advertisement consent may be required for signage to the proposed commercial units.

Committee details

Decision by: This case is currently due to be decided under delegated powers.

Appeal details

This case has not been appealed.

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

Contact details

Planning case officer: Craig Newton
Planning team: North
Email: [email protected]
Telephone: 020 7361 3012

Comment on this application

The consultation period for this application has ended.

Documents related to case PP/19/06226