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
Detailed drawings or samples of materials as appropriate, in respect 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 so maintained:
a) comprehensive photographic survey record of the entrance area including steps to be removed
b) methodology for removal of historic entrance steps
c) details of glazing and framing to Learning Activity Centre at scale 1:10.
d) details of glazing and framing to Garden Cafe Building at scale 1:10
e) details of new railings and balustrades including method of fixing, materials, finishes and section profiles to historic boundary walls
f) details of access ramps including railings
g) details of any signage including that to be affixed to principle entrance steps and railings
h) details of potting shed, greenhouse and composting bins at scale 1: 10 or 1:20
i) details of planters to front entrance steps
j) details all facing materials to Garden Cafe Building
k) details of all facing materials to Learning Activity Centre
l) details of all facing materials for hard landscaping to Wildlife Garden, to include footways, plinths and all hard standing areas
m) details of all facing materials for hard landscaping to East Garden, to include footways, plinths and all hard standing areas
n) details of all facing materials for hard landscaping to Darwin Courtyard area, to include footways, plinths and all hard standing area.
Reason - To accord with the development plan by ensuring that the character and appearance of the conservation area and the setting of the listed buildings are preserved.
4)
Protection of trees during construction
No development shall commence until the tree protection measures as set out within the Tree Protection Plan from Crown Consultants dated 11/07/2020 are installed in full and the development shall be carried out in accordance with the Arboricultural Report from Crown Consultants dated 11/07/2020.
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 Consolidated 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.
5)
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 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]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.
6)
Refuse and recycling
The development shall not be occupied until the refuse and recycling storage facilities indicated on the approved plans have been fully implemented and made available for immediate use. The facilities shall thereafter be retained for use at all times.
Reason - To prevent any significant disturbance to residents of nearby properties and comply with development plan policies, in particular policies CL5 and CE5 of the Local Plan 2019.
7)
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.
8)
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.
9)
CLC1 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 and 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.
10)
CLC1 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 Royal Borough of Kensington and 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.
11)
Drainage to ramp
Prior to commencement of work on the walled ramp, a detailed drainage proposal ( independent of connecting to TfL's assets ) which demonstrates the risk of water flooding/ponding in Subway CW40 has been mitigated, shall be submitted and approved by the Local Planning Authority. The development shall thereafter be carried out in all respects in accordance with the approved design and method statements.
Reason: To ensure that the development does not impact on existing London Underground transport infrastructure, in accordance with London Plan 2015 Table 6.1, draft London Plan policy T3 and 'Land for Industry and Transport' Supplementary Planning Guidance 2012
12)
Energy details
Prior to commencement of works on the Garden Cafe Building or Learning Activity Centre building, the following information shall be submitted and approved by the local planning authority-
a) further information and evidence about the existing heating network system
b) details of the proposed heat pumps
c) a plan for monitoring and annual reporting of proposals for how energy demand and carbon emissions post construction will be monitored annually (for at least 5 years)
The new buildings shall be completed in accordance with the approved details, and both monitored and maintained thereafter.
Reason- To ensure that the development contributes to the attainment of sustainable development and to comply with Local Plan policy CE1 and London Plan policy including Intend to Publish policy SI2.
13)
Archaeology - Details of investigation required
No demolition or development shall commence until a written scheme of investigation (WSI) has been submitted to and approved by the local planning authority in writing. For land that is included within the WSI, no demolition or development shall take place other than in accordance with the agreed WSI, which shall include the statement of significance and research objectives, and
A. The programme and methodology of site investigation and recording and the nomination of a competent person(s) or organisation to undertake the agreed works
B. The programme for post-investigation assessment and subsequent analysis, publication & dissemination and deposition of resulting material. This part of the condition shall not be discharged until these elements have
been fulfilled in accordance with the programme set out in the WSI.
Reason - To safeguard the archaeological heritage of the Borough in accordance with policy CL4 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.
14)
Public engagement- archaeology
No development shall take place until details of the public engagement framework pertaining to the sites archaeology program of work have been submitted and approved by the local planning authority. The development shall be carried out only in accordance with the approved details.
Reason The planning authority wishes to secure public value in respect of the site's archaeological interest in line with London Plan Policy 7.8 and NPPF 2019.
15)
Air Source Heat Pumps (ASHP), Ground Source Heat Pumps (GSHP), Photovoltaic Panels & Electric Boiler Compliance
Prior to occupation of the Garden Cafe building or the Learning Centre building, details of the installation of any 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 the requirements of the NPPF, Policies 7.14a-c of the London Plan and Policy CE5 of the Consolidated Local Plan.
16)
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.
17)
Air Quality Dust Monitoring
The developer shall monitor the levels of dust pollution using an objective method of measurement for each working site. Prior to the commencement of demolition and construction, the following shall be submitted and approved by the local planning authority-
proposed method, the frequency and location of monitoring
baseline levels of dust
action levels of dust pollution.
The demolition and construction shall be carried out in accordance with the approved measures and where action levels of dust pollution area are exceeded the developer shall take action to ensure that the levels of dust are reduced to comply with the agreed action level.
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.
18)
Demolition and Construction Environmental Management Plan
No development shall commence until a site specific Demolition and 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. The DCEMP submitted must comply with and follow the chapter order (4-7) and appendices (5, 7,8,9) of the Mayors of London 'The Control of Dust and Emissions during Construction and Demolition', SPG, July 2014 Majors SPG. The DEMP should include an Inventory and Timetable of dust generating activities during demolition and construction; Dust and Emission control measures including on-road construction traffic e.g. use of Ultra Low Emission Vehicles; Non-Road Mobile Machinery (NRMM). Air quality monitoring of NO2 & PM10 should be undertaken where appropriate and used to prevent levels exceeding predetermined Air Quality threshold trigger levels. Developers must ensure that on-site contractors follow best practicable means to minimise dust and emissions at all times.
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.
19)
No music audible outside
No music, musical instruments, or loudspeakers shall be played or used within the garden cafe building and learning activities centre building forming the subject of this permission so as to be audible outside the premises.
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.
20)
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
21)
Flood Risk Assessment/Sustainable Drainage Systems Strategy
No development shall commence until a Flood Risk Assessment and Sustainable Drainage Systems Strategy with the following information is submitted to and approved in writing by the Local Planning Authority:
Flood Risk Assessment (FRA)
A Flood Risk Assessment to analyse all potential flood risks to the site and ensure that the development is protected against flood risk and will not lead to off-site flooding. Any proposed protection, mitigation and resilience measures should be shown on submitted plans.
Sustainable Drainage Systems (SuDS)
A detailed analysis of surface water run-off and attenuation volume (to demonstrate how the proposed measures will aim to comply with Local Plan Policy CE2 (g), which is to achieve a reduction of 50% of existing rates including climate change in the calculations and factoring in all flows into the sewer system including groundwater or other flows).
Information about the proposed SuDS types, their location, attenuation capacity, specification, structural integrity, construction, operation, access, and maintenance. (More sustainable green SuDS should be favoured over attenuation tanks).
Section/profile drawings of the SuDS, if relevant (green roofs, blue roofs, sub-base attenuation, permeable paving, planters, species, etc.).
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.
During construction of the development hereby permitted the approved Sustainable Drainage System (SuDS) and Flood Risk measures shall be fully implemented and maintained thereafter.
Reason - To reduce flood risk and to contribute to sustainability in accordance with policy CE2 of the Local Plan.ÿ 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 po
22)
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 and 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 theÿappearance and amenity of the area and accord with policies of the development plan, in particular policy CR6 of the Consolidated 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.
23)
Qualified Ecologist
No development shall commence until details of the role and responsibilities, as well as details of the relevant operations which shall be overseen by an appropriately qualified ecologist have been submitted to and approved in writing by the Local Planning Authority. The appointed person shall undertake all activities, and works shall be carried out in accordance with the approved plans as part of an ecological watching brief.
In the event that the approved ecologist cease to perform that role for whatever reason before the construction works are completed, those works shall cease until a replacement ecologist has been appointed to supervise their completion and their appointment submitted and approved in writing by the Local Planning Authority. At no time shall any construction work take place unless the approved ecologist are supervising in accordance with this condition.
Reason: To increase the biodiversity of the site, to mitigate any impact from the development hereby approved and to comply with NPPF and Policy CE4 of the Local Plan. To ensure the legal duties around protected species are considered and mitigation measures implemented as per the plans submitted. 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
24)
Ecology measures implemented in full
Prior to the implementation of each stage of development, full details of the measures to protect and enhance biodiversity as set out within the outline documents (Construction Environmental Management Plan (CEMP); Sensitive Lighting Strategy; Ecology Translocation Strategy; Landscape Management and Maintenance Plan (LMMP) and Landscape and Ecology Management Plan (LEMP)) shall be submitted and approved by the Local Planning Authority. The details therein approved must be delivered in accordance, to protect and enhance the designated site and for protected and priority species including and not limited to timings of vegetation removal.
Reason: To increase the biodiversity of the site, to mitigate any impact from the development hereby approved and to comply with NPPF and Policy CE4 of the Local Plan.
25)
Detailed Translocation Strategy
No development on the pond or lowland heathland shall take place until a Detailed Translocation Strategy has been submitted to and approved in writing by the Local Planning Authority. The Detailed Translocation Strategy shall build on the principles detailed in the outline translocation Technical note and Landscape and Ecology Management Plan. All habitat translocation shall be carried out in accordance with the approved details, unless otherwise approved in writing by the Local Planning Authority.
Reason: To ensure that important habitats rescued and relocated from areas where they would otherwise be damaged or destroyed by construction and development activities and mitigate any impact from the development hereby approved and to comply with NPPF and Policy CE4 of the Local Plan.
26)
Method of removal of tree 27
The method for the removal of Tree T27 shall be carried out as set out within paragraph 5.7, 5.8 and 5.9 of the submitted Ecological Impact Assessment prepared by Ecological Planning & Research Ltd dated 13 July issue no 1951-1C following a safe working method using soft-felling techniques with the tree is taken down in sections, avoiding cross-cutting in proximity to any fissures, hollows or cavities. Any sections felled that contain these features to be carefully lowered and left on the ground for 24 hours with the opening clear, allowing any bats inside an opportunity to escape. The removal shall be undertaken between April and September, inclusive (after a nesting bird check has been completed), i.e. outside the bat hibernation period, unless otherwise agreed in writing by the Local Planning Authority.
Reason: To assess the likely presence of bats temporarily utilising the tree for roosting and ensure compliance with NPPF and Policy CE4 of the Local Plan.
27)
Location of bat and bird boxes
A plan showing the location of the proposed bat and bird boxes shall be submitted to and approved in writing by the Local Planning Authority prior to project completion. The nesting and roosting boxes shall be installed strictly in accordance with the details so approved, shall be maintained as such thereafter.
Reason: To ensure the development provides the maximum possible provision towards creation of habitats and valuable areas for biodiversity to comply with NPPF and Policy CE4 of the Local Plan.
28)
Walled ramp drainage
Prior to commencement of work on the walled ramp, a detailed drainage proposal ( independent of connecting to TfL's assets ) which demonstrates the risk of water flooding/ponding in Subway CW40 has been mitigated, shall be submitted and approved by the Local Planning Authority. The development shall thereafter be carried out in all respects in accordance with the approved design and method statements.
Reason: To ensure that the development does not impact on existing London Underground transport infrastructure, in accordance with London Plan 2015 Table 6.1, draft London Plan policy T3 and 'Land for Industry and Transport' Supplementary Planning Guidance 2012