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 the commencement of the relevant part of the 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 and maintained thereafter otherwise than in accordance with the details so approved;
(a) Sample of the paving to the front forecourt;
(b) Louvres to the openings and the rear extension;
(c) Green roof, planting schedule and maintenance;
(d) lighting schedule;
(e) Cycle parking and storage;
Reason - To accord with the development plan by ensuring that the character and appearance of the area are preserved and living conditions of those living near the development suitably protected.
4)
Submission of details - prior to occupation
Prior to the occupation of the premises, 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 and used otherwise than in accordance with the details so approved:
(a) Delivery and service management plan; and
(b) Operational Management Plan, to include details for the external and internal management of the premises.
Reason - To accord with the development plan by ensuring that the character and appearance of the area are preserved, highway and pedestrian safety appropriately safeguarded and living conditions of those living near the development suitably protected.
5)
Materials - To match existing
All work and work of making good shall be finished to match the existing exterior of the building(s) in respect of materials, colour, texture, profile and, in the case of brickwork, facebond and pointing, and shall be so maintained.
Reason - To preserve or enhance the appearance of the building and/or the character of the area in accordance with policies of the development plan in particular policies CL1, CL2, CL3 and CL6 of the Local Plan 2019.
6)
Noise generation - fixed shut
All windows shall be fixed shut, and so maintained. The external doors located above ground floor level shall remain shut, and shall only be used for maintenance or emergency purposes.
Reason - To safeguard the privacy of neighbouring property, and so accord with policy CL5 of the Local Plan 2019.
7)
Hours of operation - Mon/Fri/ varied hours on Sat.
The use shall not be carried out other than between 06:00 hours and 23:00 hours, Monday to Friday and 08:00 hours and 20:00 hours on Saturday, Sunday or public holidays for the period of two years from the date that the building is first occupied. Upon the expiry of two years from first occupation of the development, the use shall not be carried out other than between 07:00 hours and 22:00 hours, Monday to Friday and 08:00 hours and 20:00 hours on Saturday, Sunday or 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 2019. The temporary use of the premises for extended hours for a period of two years will allow the Council fully assess the impact of those hours on the living conditions of neighbouring occupiers andensure there is no conflict with the development plan
8)
Hours of operation - Any day
The creche shall not be operated other than as ancillary to health and fitness club hereby permitted and shall not be used other than by members of that club. The use of the creche hereby permitted shall not be carried out other than between 08:00 hours and 21:00 hours Monday to Friday and 08:00 and 20:00 hours Saturday, Sunday or 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 2019.
9)
Noise from building services plant and vents
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 residential premises or at 1.2m above any adjacent 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 policy CL5 of the Local Plan 2019.
10)
Anti-vibration mounts for air-conditioning/ extraction equipment
The plant 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 2019.
11)
Noise survey
No development shall commence until a noise survey and report have been submitted to and approved in writing by the Local Planning Authority. The report shall show the proposed layout of the premises, identifying where the areas of high and low sound will be located, detailing the acoustical measures to be undertaken, to insulate and isolate the activities associated with the approved use from the neighbouring residential dwellings in Vale Court and Tyron House adjoining the building. The health and fitness club shall not operate except in accordance with the approved layout, and the sound insulation and isolation measures shall be installed and maintained only in accordance with the details so approved.
Reason - To protect the amenities of residential occupiers. 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.
12)
Noise survey - prior to occupation
The use hereby permitted shall not commence until a noise survey and report have been submitted to and approved in writing by the Local Planning Authority outlining the effectiveness of the works undertaken in order to preserve the amenity of the neighbouring residents in Tyron House and Vale Court adjoining the premises.
Reason - To protect the amenities of residential occupiers.
13)
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 policies CL7, CT1 and CL5 of the Local Plan 2019.ÿ It is necessary for the condition to be on the basis that 'No develop
14)
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 Transport and Streets SPD 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.
15)
Contamination - preliminary risk assessment report and proposed site investigation
No development shall commence until a Preliminary Risk Assessment (PRA) and 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 PRA and PSID shall be prepared in accordance with the Environment Agency's current Land Contamination Risk Management Guidance and Royal Borough of Kensington & Chelsea informatives/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, in particular policy CE7 of the Local Plan 2019. 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.
16)
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 [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 Royal Borough of Kensington & Chelsea informatives/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, 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 Options 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.
17)
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 Royal Borough of Kensington & Chelsea informatives/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, in particular policy CE7 of the Local Plan 2019.
18)
Contamination - Unexpected
A. 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.
B. 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 Royal Borough of Kensington & Chelsea informatives/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, in particular policy CE7 of the Local Plan 2019.
19)
Use Class restriction
The premises forming the subject of this permission identified in the application as being used for a health and fitness club shall not be used for any purpose other than as a health and fitness club.
Reason - To minimise disturbance to occupants of surrounding residential properties and so accord with Policy CL5 of the Local Plan 2019
20)
Flood Risk Assessment/Sustainable Drainage Systems Strategy
No development shall commence before a satisfactory Drainage Strategy has been submitted for approval.
The Drainage Strategy should show how the development will comply with policy CE2g and achieve greenfield run-off for all events (the 1 in 1yr, 1 in 30yr, 1 in 100yr and 1 in 100 plus 40% CC yr events). The calculations for surface water run-off rates should factor in groundwater and swimming pool flows.
The strategy should take into consideration the drainage hierarchy referred to in the London Plan and include the following information:
Confirmation of the existing and proposed site's peak discharge under different rainfall events.
The proposed SuDS types, their location, extent, attenuation capacity, specification, structural integrity, construction, operation, access, and maintenance.
Section/profile drawings of the SuDS if relevant (green roofs, blue roofs, sub-base attenuation, permeable paving, planters, species, etc.).
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.
Details of surface water management during construction and any exceedance routes if applicable.
Exceedance flow routes.
The approved SuDS shall be fully implemented prior to the development is occupied, made fully functional at all times, and maintained thereafter.
Reason - To reduce flood risk and to contribute to sustainability in accordance with policy CE2g 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.
21)
Flood Risk Assessment
The flooding mitigation measures set out in the Flood Risk Assessment ADC2426-RP-A-v3 section 6.25-6.33 shall be implemented in full.
Reason - To reduce flood risk in accordance with policy CE2 of the Local Plan 2019.
22)
BREEAM Rating - Conversion to non-residential
The non-residential floorspace shall achieve a BREEAM rating of Very Good with 40% of credits achieved under the Energy, Water and Materials sections, and none of this floorspace shall be occupied until a Post Construction Review Certificate has been issued for it certifying that a BREEAM rating of Very Good with 40% of credits achieved under the Energy, Water and Materials sections 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.
23)
Travel Plan - Details reserved
The building shall not be occupied until a travel plan has been submitted to, and approved in writing by, the local planning authority. The travel plan shall include measures designed to limit the use of private vehicles by staff of the Health and Fitness Club. 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)
Air Quality Dust Management Plan
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 Demolition & Construction;
A 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; and
A detailed list of Non-Road Mobile Machinery (NRMM) used on site.
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 (Electric-Petrol) (3) Petrol, (4) Hybrid (Electric-Diesel) (5) Diesel (Euro 6 and Euro VI).
Approved details shall be fully implemented and permanently retained and maintained during the demolition phases of the development.
Reason: To comply with the requirements of the NPPF (2012), Policies 7.14a-c of the London Plan (2016) and Policy CE5 of the Local Plan.
25)
Combustion Plant: Flue Stack Height
Prior to installation of any combustion plant evidence must be provided to show that any chimney stack/flue will be located so that it is away from ventilation intakes or accessible areas and at a sufficient height and discharge velocity to disperse the exhaust emissions. Termination height is to meet a minimum of 2.00 metres above any openable window and/or roof amenity area.
Reason: To comply with Policies as required by Local Plan Policy CE5 and 7.14 a and c of the London Plan.
26)
Combustion Plant Agreement with Air Quality Assessment
All combustion plant required to generate, heating/hot water and onsite electrical power shall be installed in accordance with the approved air quality assessment. Any changes to the propose scheme shall only be implemented on approval in writing by the local planning authority.
Reason: To Comply with Policies as required by Core Strategy Policy CE5 and 7.14 a and c of the London Plan.
27)
Air Source Heat Pumps (ASHP), Ground Source Heat Pumps (GSHP), Photovoltaic Panels & Electric Boiler Compliance
Prior to occupation, details of the installation of ASHP / GSHP, Photovoltaic Panels or Electric Boilers 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 Core Strategy Policy CE5 and 7.14 a and c of the London Plan.
28)
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, Policies 7.14a-c of the London Plan and Policy CE5 of the Consolidated Local Plan.
29)
Secondary Glazing
Prior to the occupation of the development, secondary glazing shall be fitted to all windows and it shall thereafter be maintained.
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 2019.
30)
Roof terraces
The roof of the premises (as shown on drawing no. ANT - 482 / P25) and the roof of the basement level extension (as shown on drawing no. ANT - 482/P21) shall not be used other than for maintenance purposes. The roof shall not be used as a roof terrace, and persons shall not be allowed to access the roof except for maintenance purposes.
Reason - To safeguard the privacy of neighbouring property, and so accord with policy CL5 of the Local Plan 2019.