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Property details

Case reference: PP/20/00943
Address: 54 St Helen's Gardens, LONDON, W10 6LH
Ward: Dalgarno
Polling district: 07
Listed Building Grade: N/A
Conservation area: Oxford Gardens

Applicant details

Applicant's name: c/o agent
Applicant company name: CBRE Ltd
Contact address: Planning & Development Team Henrietta House Henrietta Place London W1G 0NB

Proposal details

Application type: PP (Planning permission)
Proposed development Demolition of existing building and redevelopment to provide a new building of ground plus part two and part three upper levels in connection with the use as eight residential units (Use Class C3). Associated works include the installation of external plant, refuse and cycle storage and refurbishment work to entrance of number 56 St Helen's Gardens
Date received: 05 Feb 2020
Registration date:
(Statutory start date)
06 Feb 2020
Public consultation ends: 17 Jul 2020
Application status: Decided
Target date for decision: 02 Apr 2020

Decision details

This case has not yet been decided.

Decision: Granted subject to legal agreement
Decision date: 10 Nov 2020
Conditions and reasons:

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) Notwithstanding Condition 2, prior to commencement of the relevant 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 otherwise than in accordance with the details so approved: (a) Detailed elevations clearly showing the design of the facades, distribution of the differing materials / brick patterns; (b) Samples of all new bricks, stones and slate; (c) Detailed drawings of all external door and window openings (including balustrades and manufacturers information); (d) Details of the proposed roof constructions and details of the roofing materials; (e) Detailed drawings of the proposed boundary treatments and samples of new walls, railings and gates (including cycle and refuse stores); (f) Details and drawings of proposed PV units; (g) Drawings showing the location of proposed plant equipment and any enclosure; (h) Drawings showing the location of any downpipes or ventilation flues.
Reason - To preserve the character and appearance of the area in accordance with policies of the development plan in particular policies CL1, CL2, and CL6 of the Local Plan 2019.

4)

Sample Panel Prior to commencement of the relevant works, a sample panel showing the proposed colour, texture, facebond and pointing to be used on the external faces of the building (as approved in Condition 3), shall be provided on site and approved in writing by the local planning authority. The sample panel shall be retained on site until construction work is completed. Development shall be carried out in accordance with the approved details and sample panel
Reason - To preserve the character and appearance of the area in accordance with policies of the development plan in particular policies CL1, CL2, and CL6 of the Local Plan 2019.

5)

Use of roof as terrace precluded The roof of the extension as shown on approved drawing no. MLUK-735-A-P-XX-102-RevH shall not be used at any time as a terrace/amenity space.
Reason - To avoid overlooking and disturbance to neighbouring properties and so accord with policies of the development plan, in particular policy CL5 of the Local Plan 2019.

7)

Provide cycle storage prior to occupation Prior to commencement of works on the superstructure of the building, details of all bicycle storage facilities across the site including the storage and the allocation of the spaces to the uses across the development shall be submitted to and approved in writing by the local planning authority. The development shall be carried out in accordance with the approved amended drawings.
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.

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 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 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

9)

Refuse and Recycling Prior to occupation of the development, details of the refuse storage arrangements, including provision for the storage of recyclable materials, shall be submitted to and approved in writing by the local planning authority. The building shall not be occupied until the approved refuse storage arrangements are in place and all approved storage arrangements shall thereafter be retained.
Reason - In order to ensure that satisfactory provision is made for refuse storage and collection, in accordance with Policy 5.3 of the London Plan and Policy CE3 of the Local Plan 2019.

11)

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.

12)

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.

13)

Sound Insulation Between Dwellings Prior to commencement of works on the superstructure of the building, a scheme of sound insulation designed to prevent the transmission of excessive airborne and impact noise between the dwellings in thedevelopment, to also take into account isolation of kitchen fitting and appliances and insulation of the structure, where kitchens are non uniformly stacked adjacient to both laterally and vertically to bedrooms, shall be submitted to, and approved in writing by the Local Planning Authority. The sound insulation shall be installed and maintained only in accordance with the details so approved. None of the dwellings shall be occupied until the approved insulation scheme has been fully implemented.
Reason - To prevent any significant disturbance to residents of nearby properties and comply with development plan policies, in particular policy CL5 and CE6 of the Local Plan 2019.

14)

Sound Insulation - facade construction Prior to commencement of works on the superstructure of the building, details of the facade construction, including glazing, with commensurate composite sound insulation performance predictions, and which demonstrate that noise levels within habitable rooms shall comply with the recommendations of BS8233: 2014 Sound insulation and noise reduction for buildings', shall be submitted to and approved in writing by the Local Planning Authority.
Reason - To prevent any significant disturbance to residents of nearby properties and comply with development plan policies, in particular policy CL5 and CE6 of the Local Plan 2019.

15)

Demolition Environmental Management Plan (DEMP) No development shall commence until a site specific Demolition Environmental Management Plan has been submitted to, and approved in writing by, the local planning authority, and the development shall be carried out only in accordance with the Plan so approved
Reason - To comply with the requirements of the NPPF and policies CE3, CE5, CE6, and CL5 of the Local Plan 2019 in ensuring that effects upon air quality in the area are minimised and to accord with the Mayor of London's Best Practice Guidance 'Control of dust and emissions from construction and demolition'. 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 (save for demolition) until a site specific Construction Environmental Management Plan has been submitted to, and approved in writing by, the local planning authority, and the development shall be carried out only in accordance with the Plan so approved
Reason - To comply with the requirements of the NPPF and policies CE3, CE5, CE6, and CL5 of the Local Plan 2019 in ensuring that effects upon air quality in the area are minimised and to accord with the Mayor of London's Best Practice Guidance 'Control of dust and emissions from construction and demolition'. 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)

Non-Road Mobile Machinery Non-Road Mobile Machinery (NRMM) shall not be used on the development site unless details of all NRMM to be used are submitted to and approved in writing by the Local Planning Authority. All NRMM shall meet as minimum the Stage IIIA emission criteria of Direction 97/68/EC and its subsequent amendments unless it can be demonstrated that Stage IIIA equipment is not available. An inventory of all NRMM shall be registered on the NRMM register https://nrmm.london/user-nrmm/register. All NRMM shall be regularly serviced and service logs kept on site for inspection. Records shall be kept on site which details proof of emission limits for all equipment.
Reason - To comply with the requirements of the NPPF, policy 7.14 of the London Plan, and policy CE5 of the Local Plan 2019 in ensuring that impact upon air quality in the area is minimised, in accordance with the London Councils 'Air Quality and Planning Guidance' recommended format.

18)

Air Quality Monitoring Prior to commencement of development, a site-specific Dust & Air Quality Monitoring Plan shall be 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 and policy CE5 of the Local Plan 2019 in ensuring that impact upon air quality in the area is minimised, in accordance with the London Councils 'Air Quality and Planning Guidance' recommended format. 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.

19)

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.

20)

Sustainable Urban Drainage System (SuDS) No development shall commence (save for demolition and temporary works) until a revised Sustainable Drainage Strategy has been submitted to and approved in writing by the local planning authority. The assessment/strategy shall include: (a) A detailed analysis of surface water run-off and explanation of how policy CE2g will be met for all storm events (including 1in 1yr, 1 in 30yr, 1in 100yr and 1 in 100 yr plus 40% climate change). Policy CE2g requires minor development to achieve a 50% reduction in existing run off rates; (b) Information about the proposed SuDS types, their location, extent, attenuation capacity, specification, structural integrity, construction, operation, access, and maintenance. More sustainable green SuDS should be favoured over attenuation tanks; (c) Section/profile drawings of the SuDS if relevant (green roofs, blue roofs, sub-base attenuation, permeable paving, planters, species, etc.); and; (d) 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.
Reason - To reduce flood risk and to contribute to sustainability in accordance with policy CE2 of the Local Plan 2019.

21)

Contamination - Site investigation and quantitative risk assessment No development shall commence (save for demolition) until a site investigation has been undertaken in compliance with the approved Site Investigation Scheme and a Quantitative Risk Assessment Report 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 2019, 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). 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.

22)

Contamination - Remediation method statement No development shall commence (save for demolition) until a Remediation Method Statement to address the results of the Site Investigation Scheme 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 2019 and accord with CLR 11: Model Procedures for the Management of Land Contamination (Defra 2004) or the current UK requirements for sampling and testing.

23)

Contamination - Verification report No development shall commence (save for demolition) until the approved Remediation Method Statement has been carried out in full and a Verification Report confirming: completion of these works; details of the remediation works carried out; results of any verification sampling, testing or monitoring including the analysis of any imported soil; classification of waste, its treatment, movement and disposal; and the validation of gas membrane placement. 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 2019.

24)

Contamination - Unexpected If during development, contamination not previously identified is found to be present at the site, development work 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.ÿThe approved measures shall be implemented in full.
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 2019, and to accord withÿ CLR 11: Model Procedures for the Management of Land Contamination (Defra 2004) or the current UK requirements for sampling and testing).

25)

Roof structures and appliances Except as shown on the approved drawings, no water tank, lift motor room, or other structure or appliance, shall be erected upon the roof.
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 and CL6 of the Local Plan 2019.

26)

Code of Construction Practice No development shall commence until: A Code of Construction Checklist and Site Construction Management Plan (SCMP) for the development have been 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 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:ÿdehcmt@rbkc.gov.uk or tel: 020 7361 3002]ÿ
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.

27)

Accessible and Adaptable Dwellings A minimum of 10% of all dwellings shall be built to requirement M4(3) wheelchair user dwellings contained within Part M volume 1 of the Building Regulations, as identified on the plans approved under condition 2 and thereafter maintained. All other dwellings shall be built to requirement M4(2) accessible and adaptable dwellings contained within Part M volume 1 of the Building Regulations and thereafter maintained.
Reason - To ensure satisfactory provision for people with disabilities and meet the changing needs of households in accordance with development plan policies in particular policy CH2 of the Local Plan 2019.

28)

Water consumption Water efficient fixtures and fittings shall be provided in all residential units to achieve a water use target of no more than 105 litres per person per day.
Reason - To ensure efficient use of water and minimise waste, in accordance with Policy 5.15 of the London Plan (2016).

29)

Protection of trees during construction - Details required No development shall commence until full particulars of the method(s) by which all existing trees on the site to be retained and those on adjacent land, are to be protected during site preparation, demolition, construction, landscaping, and other operations on the site including erection of hoardings, site cabins, or other temporary structures, shall be submitted to and approved in writing by the local planning authority and the development shall be carried out only in accordance with the details so approved.
Reason - To ensure that the trees are adequately protected, to safeguard their contribution to the appearance and amenity of the area and accord with policies of the development plan, in particular policy CR6 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 Local Plan 2019.

30)

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 the appearance and amenity of the area and accord with policies of the development plan, in particular policy CR6 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 Local Plan 2019.

31)

Trees - Arboricultural Site Supervision Prior to commencement of the development (including any ground clearance, tree works, demolition or construction), details of all tree protection monitoring and site supervision by a suitably qualified tree specialist, who will submit written reports back to the Local Authority Tree Officer at intervals agreed in writing, shall be submitted to and approved in writing by the Local Planning Authority. The development thereafter shall be implemented in strict accordance with the approved details.
Reason - To ensure that the trees are adequately protected, to safeguard their contribution to the appearance and amenity of the area and accord with policies of the development plan, in particular policy CR6 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 Local Plan 2019.

32)

Trees and landscaping - Details required Prior to commencement the relevant works, a scheme of landscaping, to include all existing retained trees and shrubs and proposed trees shrubs and paths and their surfacing materials, shall be submitted to and approved in writing by the local planning authority, and the development shall only be carried out and maintained in accordance with the details so approved
Reason - To protect the appearance and amenity of the area and to accord with policies of the development plan, in particular policy CR6 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.

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)

Conditions - Precedent to Commencement
Conditions numbers 7, 14, 17, 18, 25, 28, 30, and 31 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.

3)

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 Place, 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

4)

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 Place.

5)

Unilateral Undertaking
In granting this permission the Council has had regard to the unilateral undertaking that has been entered into by the applicant, under Section 106 of the Town and Country Planning Act 1990, as amended.

6)

Unique text
The proposed development is located within 15m of Thames Waters underground assets, as such the development could cause the assets to fail if appropriate measures are not taken. Please read our guide working near our assets to ensure your workings are in line with the necessary processes you need to follow if youre considering working above or near our pipes or other structures. https://developers.thameswater.co.uk/Developing-a-largesite/Planning-your-development/ Working-near-or-diverting-our-pipes A Groundwater Risk Management Permit from Thames Water will be required for discharging groundwater into a public sewer. Any discharge made without a permit is deemed illegal and may result in prosecution under the provisions of the Water Industry Act 1991. Thames Water expect developers to demonstrate what measures they will undertake to minimise groundwater discharges into the public sewer. Permit enquiries should be directed to Thames Waters Risk Management Team as follows: Email: wwqriskmanagement@thameswater.co.uk Phone: 0203 577 9483 Application forms should be completed on line via www.thameswater.co.uk/wastewaterquality There are water mains crossing or close to your development. Thames Water do NOT permit the building over or construction within 3m of water mains. If you're planning significant works near our mains (within 3m) well need to check that your development doesnt reduce capacity, limit repair or maintenance activities during and after construction, or inhibit the services we provide in any other way. The applicant is advised to read our guide working near or diverting our pipes. https://developers.thameswater.co.uk/Developing-a-large-site/Planning-your-development/ Working-near-or-diverting-our-pipes Should you require any further information please contact Thames Water. Email: developer.services@thameswater.co.uk Phone: 0800 009 3921 (Monday to Friday, 8am to 5pm) Write to: Thames Water Developer Services, Clearwater Court, Vastern Road, Reading, Berkshire RG1

7)

Means of Escape - Separate Approval
The submitted Fire Statement meets the requirements of Policy D12 of the Intend to Publish London Plan. However, further approval (to include greater depth of information and detail than required as part of the planning process) will be needed under the Building Regulations regime.

8)

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.

Committee details

Decision by: This case is still under consideration.
Date:21 Jul 2020
Time:18:30
Report item number:STR4

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: Joseph Whitworth
Planning team: Strategic Developments Team
Email: planning@rbkc.gov.uk
Telephone: 020 7361 3012

Comment on this application

The consultation period for this application has ended.

Documents related to case PP/20/00943