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)
No development shall commence until full particulars of the following have been 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) Materials to be used on all external faces of the building, including samples;
(b) Detailed drawings of the retained facade, including the proposed brick bond in new sections, junctions between old and new elements, details of windows and openings;
(c) Detailed drawings of external facades, and all new windows and external doors (1:10 scale), including relevant sections;
(d) Proposed walls fences, railings and gates at a scale of 1:10. The proposed wall around the plane tree shall be retained and maintained;
(e) External stairs, including finish, at a scale of 1:20
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. 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.
4)
Submission of details
Full particulars of the following shall be submitted to and approved in writing by the local planning authority before the relevant part of the work is begun, and the works shall not be carried out other than in accordance with the details so approved and shall thereafter be retained and maintained:
(a) Hard and soft landscaping, finalised planting schedule and external lighting
(b) Detailed drawings of the screening to the first floor roof terrace
(c) Details of the cycle parking provision and waste storage
(d) Details of the solar panels to roof of the building
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 and to ensure adequate cycling parking standards are provided. To accord with the development plan and in particular policies CL1, CL2, CL3, CL5 and CT1.
5)
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
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 and in particular policies CT1, 5 and CR7 of the Local Plan.
6)
Works to match - Sample panels required
Sample panels of facing brickwork showing the proposed colour, texture, facebond and pointing shall be provided on site, and approved in writing by the local planning authority before the relevant parts of the approved works are commenced, and the sample panels shall be retained on site until the work is completed in accordance with the panel(s) so approved.
Reason - In order to preserve the character and appearance of the building and comply with policy CL1 and CL2 of the Local Plan 2019.
7)
Trees - lopping and topping
For the duration of works the tree(s) existing on the site at the date of this permission shall be protected so as to prevent damage above and below ground, and no tree shall be lopped, topped, or felled, or root pruned, without the prior written approval of the local planning authority.
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 Local Plan 2019.
8)
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 statements 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 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 basis that 'No de
9)
Professional management of engineering works
No development shall commence until
(A) a Chartered Civil Engineer (MICE) or Chartered Structural Engineer (MI Struct.E)ÿhas been appointed for the duration of building works and their appointment confirmed in writing to the Local Planning Authority, and
(B) the name, and contact details of the person supervising engineering and construction on site for the duration of building works have been confirmed in writing to the Local Planning Authority.ÿ
In the event that either the Appointed Engineer or Appointed Supervisor cease to perform that role for whatever reason before the construction works are completed, those works shall cease until a replacement chartered engineer of the afore-described qualification or replacement supervisor 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 and supervisor are 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 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
10)
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 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.
11)
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.
12)
Travel Plan - Details reserved
No building(s) 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.
13)
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 Local PLan Policy CE5 and the London Plan.
14)
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, the London Plan and Policy CE5 of the Local Plan.
15)
Demolition Environmental Management Plan (DEMP)
No development shall commence until a risk assessment is submitted and the appropriate mitigation measures to minimise dust and emissions are incorporated into the site-specific Demolition Environmental Management Plan based on the Mayor's SPG 'The Control of Dust and Emissions during Construction and Demolition'. This should include an inventory and timetable of dust generating activities; dust and emission control methods and measures to control vehicle emissions. This must be submitted to and approved in writing by the Local Planning Authority.
Reason: To comply with the requirements of the NPPF, the London Plan and Policy CE5 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.
16)
Construction Environmental Management Plan (CEMP)
No development shall commence until a risk assessment is submitted and the appropriate mitigation measures to minimise dust and emissions are incorporated into the site-specific Construction Environmental Management Plan based on the Mayor's SPG 'The Control of Dust and Emissions during Construction and Demolition'. This should include an inventory and timetable of dust generating activities; dust and emission control methods and measures to control vehicle emissions. This must be submitted to and approved in writing by the Local Planning Authority.
Reason: To comply with the requirements of the NPPF, the London Plan and Policy CE5 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.
17)
Air Quality & Dust Monitoring
No development shall commence until a site-specific Dust & Air Quality Monitoring Plan has been submitted to and approved in writing by the local planning authority. Air Quality Monitoring of NO2 and PM should be undertaken and used to prevent levels exceeding predetermined Air Quality threshold trigger levels.
Reason: To comply with the requirements of the NPPF (2019), the London Plan and Policy CE5 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.
18)
Ventilation Strategy
Prior to commencement of above ground works in the development hereby permitted, (excluding site clearance, demolition and basement works) a Ventilation Strategy report in order to mitigate air pollution shall be submitted to and approved in writing by the Local Planning Authority. The Ventilation Strategy report should include the following information:
a) Details and locations of the air intake locations at roof level of the buildings;
b) Details and locations of ventilation extracts, chimney/boiler flues, to demonstrate that they are located a minimum of 2 metres away from the fresh air ventilation intakes, openable windows, balconies, roof gardens, terraces; and
c) If part (a) is not implemented details of the independently tested mechanical ventilation system with Nitrogen Dioxide (NO2) and Particulate Matter (PM2.5, PM10) filtration with air intakes on the rear elevations to remove airborne pollutants. The filtration system shall have a minimum efficiency of 75% in the removal of Nitrogen Oxides/Dioxides, Particulate Matter (PM2.5, PM10) in accordance with BS EN ISO 10121-1:2014 and BS EN ISO 16890:2016.
The whole system shall be designed to prevent summer overheating and minimise energy usage. The maintenance and cleaning of the systems shall be undertaken regularly in accordance with manufacturer specifications and shall be the responsibility of the primary owner of the property. Approved details shall be fully implemented prior to the occupation/use of the development and thereafter permanently retained and maintained.
Reason: To Comply with Policies as required by Local PLan Policy CE5 and the requirements of the London Plan.
19)
Ventilation Strategy (Compliance)
Prior to occupation of the development, details of a post installation report of the approved ventilation strategy shall be submitted to and approved in writing by the Local Planning Authority. Approved details shall be fully implemented prior to the occupation/use of the development and thereafter permanently retained and maintained.
Reason: To Comply with Policies as required by Local Plan Policy CE5 and the requirements of the London Plan.
20)
CLC1 a) 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 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 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.
21)
CLC1 b) 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 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 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.
22)
CLC1 c) 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.
23)
CLC1 d) Contamination -Unexpected contamination
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 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.
24)
Flood Risk
No development shall commence until the following flood risk information is submitted to and approved in writing by the Local Planning Authority:
An analysis of groundwater flood risk and the effect of the basement levels to groundwater displacement. The assessment should include any required protection, mitigation and resilience measures.
Information regarding the location and specification of the required suitable pump device(s) to protect the development from sewer flooding.
The approved flood risk measures shall be fully implementedÿprior to the development is occupied,ÿmade fully functional at all times, and maintained thereafter.ÿ
ÿ
Reason - To reduce flood risk and to contribute to sustainability in accordance with policies CE2b, CE2diii and CL7nÿof the Local Plan 2019.ÿIt 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.
25)
Sustainable Drainage Systems (SuDS) detailsÿ
No development shall commence until a SuDS strategy which addresses the comments made at planning application stage and includes the followingÿinformation has been submitted to and approved in writing by the LocalÿPlanning Authority:ÿ
A detailed analysis of surface water run-off and explanation of how policy CE2g will be met. Policy CE2g requires major development to achieve greenfield run-off rates including climate change in the calculations and factoring in all flows into the sewer system including groundwater.ÿCalculationsÿshouldÿshow the existing and proposed surface water run-off rates for the 1 in 1yr, 1 in 30yr, 1 in 100yr and 1 in 100 plus 40% CCÿyr events.ÿ
Details forÿallÿthe final SuDS even if they are not included in the drainage calculations: their location, attenuation capacity, specification, structural integrity, construction, operation, access, and maintenance.
Section/profile drawings of the SuDS (green roofs, blue roofs, planters, species, etc.); andÿ
Drainage plans to show clearly how surface water run-off will be conveyed to the SuDS and any connections to the sewer system (including pumps and hydrobrakes)ÿif necessary.ÿCatchment areas for the SuDS should be shown.
Details of surface water management during construction and any exceedance routes if applicable.ÿ
The RBKC SuDS pro-forma available from the Council's SuDS webpage.
ÿ
The approved SuDS shall be fully implementedÿprior to the development is occupied,ÿmade fully functional at all times, and maintained thereafter.ÿ
ÿ
Reason - To reduce flood risk and to contribute to sustainability in accordance with policy CE2g of the Local Plan 2019.ÿIt 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.
26)
Use Class restriction
The premises forming the subject of this permission identified in the application as being used for an office shall only be used for an office. The premises must not be used for any other purpose including any other purpose within Class E of the Town and Country Planning (Use Classes) Order 1987 (as amended) or any equivalent class in any order that may replace it.
Reason - To minimise disturbance to occupants of surrounding residential properties and so accord with Policy CL5 of the Local Plan 2019.
27)
Roof terrace - Limit on hours
The use of the roof terrace shall not commence before 08:30 hours and shall cease no later than 19:00 hours on anyday. Outside these approved hours the roof terrace shall not be used by the occupiers of the building.
Reason - To prevent detriment to the living conditions within nearby residential property, to accord with the development plan, in particular policies CL5 of the Local Plan 2019.
28)
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.
29)
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.
30)
BREEAM Rating - New build non-residential
The non-residential floorspace shall achieve a BREEAM rating of Excellent 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 Excellent 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.
31)
Privacy (Obscured glazing)
The windows on the south and west elevations of the western building hereby permitted shall be obscurely glazed, and shall be so maintained.
Reason - To safeguard the privacy of neighbouring property, and so accord with policy CL5 of the Local Plan 2019.