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.
Conditions - Precedent to Commencement
Conditions nos. 4, 5 and 7 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.
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
Care in the Conservation Area
This property is within a Conservation Area. All building works should, therefore, be completed with great care. External facing work and detailed treatment should be finished in a manner sympathetic to the existing building. If there is any doubt about the way in which work should be carried out, you should seek the advice of the Directorate of Planning and Borough Development.
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.
The Director of Transportation and Highways, Council Offices, Pembroke Road, London, W8 6PW (020-7341-5256) should be informed 28 days before any earth moving or abnormal use of highways adjoining the site commences so that arrangements for the routing of earth moving vehicles and cleansing the highway can be made.
Contractors should be reminded that, under Section 151 of the Highways Act 1980, it is an offence to deposit mud on the public highway. If any spillage is not immediately cleared the Council will carry out the necessary cleansing and recharge the cost to the Contractor.
Liability for Subsidence or Damage
The responsibility and any liability for the safe development of the site rests with the developer and/or landowner. Although the Council has used its best endeavours to determine this application on the basis of the information available to it, this does not mean that the land or adjoining land will necessarily remain free from instability. The Council's consideration has been only on the basis of the development proposed, and these considerations may be different in relation to any other development. The question of stability of adjacent land has been a material planning consideration, and the resolution of this issue for the purposes of granting planning permission does not necessarily imply that the requirements of any other controlling authority would be satisfied and, in particular, the granting of planning permission does not give any warranty for support or stability or against damage of adjoining or nearby properties.
Demolition - Control of Pollution Act
Your attention is drawn to the British Standards Code of Practice for Demolition, the Control of Pollution Act 1974, the Environmental Protection Act 1990 relating to nuisances, and BS 5528: Parts 1 and 2, 2009, relating to Noise and Vibration Control on Construction and Open Sites, the observation of which should considerably reduce the risks and nuisance inherent in demolition work (particularly in relation to fire hazards arising from the practice of burning materials on site) both to operatives on site and to the general public. The Council may impose appropriate controls over the construction methods, noise screening, and protection of site, noise, or hours of work and routing of construction traffic. You are advised to consult the Director of Environmental Health, Council Offices, 37 Pembroke Road, W8 6PW at an early stage.
Working Hours on Building Sites
You are advised that that construction and demolition work is controlled by the Council under Section 60 and 61 of the Control of Pollution Act 1974. In particular, building work which can be heard at the boundary of the site shall only be carried out between the following hours:
Monday to Friday - 08.00 to 18.30
Saturdays - 08.00 to 13.00
Sundays and Bank Holidays - No noisy works at all
Builders who undertake noisy work outside of these hours may be liable for prosecution and a fine of up to o5,000 where a notice has been previously served under the Control of Pollution Act 1974.
CTMPs - Reminder to be Sensitive
You are reminded of the purpose of the Construction Traffic Management Plan, 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.ÿCare and sensitivity is required when carrying out development in residential areas.
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
Soil Sampling - 1991 Regulations
You are reminded of the requirements of the Environmental Protection (Duty of Care) Regulations 1991 regarding the responsibility of the developer to manage waste safely and avoid harm to human health or the environment. All soil/spoil materials to be exported off-site must be subject to appropriate waste classification assessment including waste acceptance criteria testing where necessary, and disposed of at an appropriately licensed facility.
Thames Water - Sewers
Under The Water Industry (Scheme for the Adoption of private sewers) Regulations 2011 sections of pipes you share with your neighbours, or are situated outside of your property boundary which connect to a public sewer are likely to have transferred to Thames Water's ownership. Should your proposed building work fall within 3 metres of these pipes we recommend you contact Thames Water to discuss their status in more detail and to determine if a building over/near to agreement is required. You can contact Thames Water on 0845 850 2777 or for more information please visit their website at Thames Water website .
Thames Water requests that the Applicant should incorporate within their proposal, protection to the property by installing for example, a non-return valve or other suitable device to avoid the risk of backflow at a later date, on the assumption that the sewerage network may surcharge to ground level during storm conditions.
Surface Water Drainage - With regard to surface water drainage it is the responsibility of a developer to make proper provision for drainage to ground, water courses or a suitable sewer. In respect of surface water it is recommended that the applicant should ensure that storm flows are attenuated or regulated into the receiving public network through on or off site storage. When it is proposed to connect to a combined public sewer, the site drainage should be separate and combined at the final manhole nearest the boundary. Connections are not permitted for the removal of groundwater. Where the developer proposes to discharge to a public sewer, prior approval from Thames Water Developer Services will be required. They can be contacted on 0845 850 2777. Reason - to ensure that the surface water discharge from the site shall not be detrimental to the existing sewerage system.
Where a developer proposes to discharge groundwater into a public sewer, a groundwater discharge permit will be required. Groundwater discharges typically result from construction site dewatering, deep excavations, basement infiltration, borehole installation, testing and site remediation. Groundwater permit enquiries should be directed to Thames Water's Risk Management Team by telephoning 020 8507 4890 or by emailing email@example.com. Application forms should be completed on line via www.thameswater.co.uk/wastewaterquality. Any discharge made without a permit is deemed illegal and may result in prosecution under the provisions of the Water Industry Act 1991.
GTD/No pre-app/Est.Guid/No amend reqd
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, and which has been followed in this instance.