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
Except as required by Conditions 5, 7, 9, 10, 12, 18, 19, 24, 25, 28, 40, 41 and 58, 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)
Use Class Restriction - ground floor office
Other than the floorspace area of the development hereby approved at ground floor level, as shown on the approved drawing no. NCH-SQP-ZZ-00-DR-A-PL100 Rev P04: Proposed Level 00 as being used for Office and Office Reception, the remainder of the floorspace area at ground floor level within the Newcombe House Tower, Kensington Church Street Block, and Medical Centre / Housing Block, shall not be used as office (Use Class E(g)(i)) of the Town and Country Planning (Use Classes) Order 1987, as amended, or in any provision equivalent to that Class in any statutory instrument revoking or re-enacting that Order with or without modification.
Reason - To ensure the active frontage of the ground floor and vitality of the town centre in accordance with the Development Plan, in particular Local Plan Policies CF1 and CF2 and London Plan Policies SD6 and SD7.
4)
Use Class Restriction - Offices
The floorspace area within the Newcombe House Tower and Kensington Church Street Block of the development hereby approved at all floor levels, as shown on the approved drawings nos. listed below as being used for office, shall be used only for office use (Use Class E(g)(i)), and for no other use including any other use within Use Class E of The Town and Country Planning (Use Classes) Order 1987, as amended, or in any provision equivalent to that Class in any statutory instrument revoking and re-enacting that Order with or without modification.
NCH-SQP-ZZ-B2-DR-A-PL098 Rev P01: Proposed Basement Level 2
NCH-SQP-ZZ-B1-DR-A-PL099 Rev P03: Proposed Basement Level 1
NCH-SQP-ZZ-00-DR-A-PL100 Rev P04: Proposed Level 00
NCH-SQP-ZZ-01-DR-A-PL101 Rev P03: Proposed Level 01
NCH-SQP-ZZ-02-DR-A-PL102 Rev P03: Proposed Level 02
NCH-SQP-ZZ-03-DR-A-PL103 Rev P03: Proposed Level 03
NCH-SQP-ZZ-04-DR-A-PL104 Rev P04: Proposed Level 04
NCH-SQP-ZZ-05-DR-A-PL105 Rev P04: Proposed Level 05
NCH-SQP-ZZ-06-DR-A-PL106 Rev P04: Proposed Level 06
NCH-SQP-ZZ-07-DR-A-PL107 Rev P04: Proposed Level 07
NCH-SQP-ZZ-08-DR-A-PL108 Rev P03: Proposed Level 08
NCH-SQP-ZZ-ZZ-DR-A-PL109 Rev P02: Proposed Level 09 - 12
NCH-SQP-ZZ-13-DR-A-PL113 Rev P02: Proposed Level 13
NCH-SQP-ZZ-14-DR-A-PL114 Rev P02: Proposed Level 14
Reason - To ensure the supply of office space in this area can be maintained and to minimise disturbance to occupants of surrounding residential properties and allow the LPA to consider any impacts arising from alternative uses within Class E in accordance with the Development Plan, in particular Local Plan Policies CF1, CF2, CF5 and CL5 and London Plan Policies SD6, SD7, SD8, E1 and E2.
5)
Submission of design details
Notwithstanding Condition 2, no development above ground (save for demolition) shall commence until the following details 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 approved details, and shall be retained and maintained for the lifetime of the development:
Materials to be used for the external faces at all levels and roofs of the buildings (Newcombe House Tower, Kensington Church Street Block, and Medical Centre / Housing Block), to include sample panels provided on site showing the proposed colour, texture, facebond, mortar and pointing (where relevant) to be used on the external faces of the buildings. The sample panels shall be retained on site until construction work is completed;
Detailed drawings of typical external windows and doors;
Detailed drawings of all ground floor entrances to the buildings
Detailed drawings of the ground floor shopfronts to the Kensington Church Street Block;
Detailed drawings of the balconies to the eastern elevation of the Newcombe House Tower, and rear terraces to the western elevation of the Kensington Church Street Block and front terraces at fifth floor level to the eastern elevation of the Kensington Church Street Block;
Detailed drawings of any fixed seating and planters to the rear terraces to the western elevation and front terraces at fifth floor level to the eastern elevation of the Kensington Church Street Block; and
Detailed drawings of the roof level plant enclosures to the Kensington Church Street Block and Medical Centre / Housing Block.
Reason - To preserve the character and appearance of the area and nearby conservation areas, and to preserve living conditions of those living near the development in accordance with the Development Plan, in particular Local Plan Policies CL1, CL2, CL5 and CL11 and London Plan Policies D3, D4, D5, D8 and D9.
6)
No additional roof structures
No water tanks, plant, lift rooms, or other structures, other than shown on the approved drawings for the development hereby permitted shall be erected upon the roofs of the Newcombe House Tower, Kensington Church Street Block and Medical Centre / Housing Block.
Reason - To preserve the character or appearance of the area and nearby conservation areas in accordance with the Development Plan, in particular London Plan Policy D4 and Local Plan Policies CL1, CL2 and CL11.
7)
Wind mitigation
Notwithstanding Condition 2, prior to the first occupation of the development, the mitigation measures identified in Section 4.5 of the Wind Microclimate Assessment dated May 2023 prepared by AKT II Ltd shall be implemented in full and retained thereafter.
Reason - To ensure an acceptable functional quality of the buildings and spaces, in accordance with the Development Plan, in particular Local Plan Policy CL2 and London Plan Policy D9.
8)
Wheelchair accessibility
The 4 x 2 bedroom 4 person residential dwellings at the fourth, fifth, sixth and seventh floor level in the Medical Centre Housing Block in the development hereby approved as shown on approved drawings nos. NCH-SQP-ZZ-04-DR-A-PL134 Rev P04: Proposed Affordable Block Level 04 and NCH-SQP-ZZ-ZZ-DR-A-PL135 Rev P04: Proposed Affordable Block Levels 05 - 07 shall be built to requirement M4(3)(2)(b) wheelchair user dwellings contained within Part M Volume 1 of the Building Regulations, and shall be retained thereafter.
All other dwellings in the development hereby approved as shown on approved drawings nos. NCH-SQP-ZZ-04-DR-A-PL134 Rev P04: Proposed Affordable Block Level 04 and NCH-SQP-ZZ-ZZ-DR-A-PL135 Rev P04: Proposed Affordable Block Levels 05 - 07 shall be built to requirement M4(2) accessible and adaptable dwellings contained within Part M Volume 1 of the Building Regulations, and shall be retained thereafter.
Reason - To ensure inclusive design and accessibility, in accordance with the Development Plan, in particular Local Plan Policy CH3 and London Plan Policy D7.
9)
Digital connectivity
Notwithstanding Condition 2, no development (with the exception of demolition, below ground works and temporary works) shall commence until detailed plans demonstrating the provision of sufficient ducting space for full fibre connectivity infrastructure within the development hereby approved 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 approved details, and shall be retained and maintained for the lifetime of the development:
Reason - To ensure London's global competitiveness now and in the future, in accordance with the Development Plan, in particular London Plan Policy SI6.
10)
Safety and Security
Notwithstanding Condition 2, prior to the commencement of above ground works (save for demolition, below ground works and temporary works) of the development hereby approved, details of measures to minimise the risk of crime and meet the specific security needs of the development (informed by the principles and objectives of Secured by Design) shall be submitted to, and approved in writing by, the Local Planning Authority. The development shall be carried out only in accordance with the approved details and shall be retained and maintained for the lifetime of the development.
Reason - In order to achieve the principles and objectives of Secured by Design to improve community safety and crime prevention in accordance with the Development Plan, in particular Local Plan Policy CL2 and London Plan Policy D11, as well as and the National Planning Policy Framework and Section 17 Crime and Disorder Act 1998.
11)
Retention of scheme architects
The application architects shall be retained for the detailed design of the project.
Reason - In order to retain the design quality of the development in the interest of the visual amenity of the area and preserving the character or appearance of nearby conservation areas, in accordance with the Development Plan, in particular London Plan Policy D4 and Local Plan Policies CL1, CL2 and CL11.
12)
Artificial Lighting
Notwithstanding Condition 2, prior to the commencement of the above ground works (save for demolition) of the development hereby approved, details of exterior artificial lighting and interior lighting to the western elevation of the Newcombe House Tower and rear of the Kensington Church Street Block shall be submitted to, and approved in writing by, the Local Planning Authority, including:
Location and full specification of all lamps, light levels, illumination and support structures, and the hours / times the lighting will be switched on
Assessment of the impact of any lighting on the surrounding residential environment
The development shall be carried out only in accordance with the approved details and shall be retained and maintained for the lifetime of the development. No other lighting shall be installed unless expressly granted by this condition or a separate planning permission.
Reason - In order to ensure reasonable enjoyment of neighbouring residential properties is maintained and not harmed by increases in artificial lighting and associated disturbance in accordance with the Development Plan, in particular Local Plan Policy CL5 and London Plan Policies D8 and D13.
13)
Noise Limits and Mitigationÿ
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 neighbouring residential premises or at 1.2m above any adjacent neighbouring 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 in accordance with the Development Plan, in particular Local Plan Policies CL5 and CE6 and London Plan Policies D13 and D14.
14)
Noise compliance survey and report
Prior to the occupation of the development hereby approved, a post-installation building services plant noise assessment report shall be submitted to, and approved in writing by, the Local Planning Authority. The report shall include details of the installed plant and any mitigation to show how installed building services plant complies with Condition 13 of this planning permission.
Reason - To prevent any significant disturbance to residents of nearby properties in accordance with the Development Plan, in particular Local Plan Policies CE6 and CL5 and London Plan Policies D13 and D14.
15)
Anti-vibration mounts for air-conditioning / extraction equipment
All building services plant and equipment in the development hereby approved 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 in accordance with the Development Plan, in particular Local Plan Policies CE6 and CL5 and London Plan Policies D13 and D14.
16)
Hours of use - Office roof terraces
The roof terraces to the rear (western elevation) and front at fifth floor level (eastern elevation) of the Kensington Church Street Block shown on the approved drawings shall not be used other than between 08:00 hours and 20:00 hours on Monday to Friday except on public holidays, and shall not be used at any time on Saturdays, Sundays or public holidays, except for maintenance and cleaning.
Reason - To safeguard the living conditions of neighbouring residential in accordance with the Development Plan, in particular Local Plan Policy CL5 and London Plan Policies D13 and D14.
17)
No music audible outside
No music, musical instruments, or loudspeakers shall be played or used within the premises or on the amenity spaces including balconies to Newcombe House Tower and rear terraces to Kensington Church Street Block in the development hereby approved so as to be audible outside the premises.
Reason - To safeguard the living conditions of neighbouring residential in accordance with the Development Plan, in particular Local Plan Policy CL5 and London Plan Policies D13 and D14.
18)
Sound insulation
Notwithstanding Condition 2, prior to the commencement of the above ground works (save for demolition, below ground works and temporary works) of the relevant block of the development hereby approved, a scheme of sound insulation designed to prevent the transmission of excessive airborne and impact noise:
Between the dwellings at fourth to seventh floor levels within the Medical Centre / Housing Block;
Between the fourth floor dwellings and the third floor health facility within the Medical Centre / Housing Block; and
Between the dwellings at fourth to seventh floor levels within the Medical Centre / Housing Block and the office within the Kensington Church Street Block
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 future residents and residents of nearby properties in accordance with the Development Plan, in particular Local Plan Policies CE6 and CL5 and London Plan Policies D13 and D14.
19)
Fa╪ade construction
Notwithstanding Condition 2, no development (with the exception of demolition, below ground works and temporary works) shall commence on the relevant block until full fa╪ade construction details of the buildings hereby approved, including glazing, with commensurate composite sound insulation performance predictions, have been submitted to, and approved in writing by the Local Planning Authority. The approved details shall show that noise levels within habitable rooms shall comply with the recommendations of BS8233:2014 'Guidance on sound insulation and noise reduction for buildings'. The development shall be carried out in accordance with the details approved.
Reason - To prevent any significant disturbance to future residents and residents of nearby properties in accordance with the Development Plan, in particular Local Plan Policies CE6 and CL5 and London Plan Policies D13 and D14.
20)
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.
21)
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
Copies of the approved Appendix A Checklist and SCMP, 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 approved Appendix A Checklist and SCMP, or in accordance with a subsequent Appendix A Checklist or SCMP as may be approved under this condition.
Note - For further information regarding the Code of Construction Practice and how the required details should be submitted to the Council's Construction Management Team, the Council's Construction Management Team can be contactedÿby email: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 in accordance with the Development Plan, in particular Local Plan Policies CL5, CT1, CE5 and CE6 and the Basements and Transport and Streets SPDs. 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.
22)
Vehicular Access
During the hours of 07.00 hours and 19.00 hours on weekdays (excluding public holidays) unfettered vehicular access into the servicing yard shall be made available for users of Newcombe Street to turn around within the servicing yard and egress from Newcombe Street into Kensington Place in forward gear, during the lifetime of the development.
Reason - To ensure the safe movement of traffic on neighbouring highways and in the interest of protecting highway safety in accordance with the Development Plan, in particular Local Plan Policy CT1.
23)
Electric Vehicle Charging Points
The development hereby approved shall not be brought into use until all of the parking spaces have been provided with active Electric Vehicle Charging Points and are available for use.
Reason - To ensure air quality and sustainable transport in accordance with the Development Plan, in particular Local Plan Policy CT1 and London Plan Policies T6 and T6.3.
24)
Cycle parking - long-stay
Notwithstanding Condition 2, prior to commencement of the fit-out of the development hereby approved, details of the long-stay cycle parking facilities, including the type and specification of spaces to be provided and a pro-active maintenance strategy for the lift access shall be submitted to, and approved in writing by, the Local Planning Authority. The approved cycle storage shall only be carried out in accordance with the approved drawings, shall be provided prior to occupation of the relevant part of the development, and shall thereafter be retained and maintained for use at all times during the lifetime of the development.
Reason - To ensure the safe and sustainable movement of traffic on neighbouring highways, in accordance the Development Plan, in particular Local Plan Policy CT1 and London Plan Policy T5.
25)
Cycle parking - short-stay
Notwithstanding Condition 2, no development (with the exception of demolition, below ground works and temporary works) shall commence until details of the location and layout of the 58 short-stay cycle parking spaces have been submitted to, and approved in writing by, the Local Planning Authority. The 58 short-stay cycle parking space shall be provided in accordance with the approved details, shall be provided in full prior to the occupation / first use of the development, and shall thereafter be retained and maintained for use at all times during the lifetime of the development.
Reason - To ensure the safe and sustainable movement of traffic on neighbouring highways, in accordance the Development Plan, in particular Local Plan Policy CT1 and London Plan Policy T5.
26)
Electric Vehicle Charging Points - Servicing Bays
Rapid electric vehicle charging facilities (43KW or greater) shall be provided within all approved delivery and servicing bays and be available for use prior to occupation of the development hereby approved.
Reason - To ensure air quality and sustainable transport in accordance with the Development Plan, in particular Local Plan Policy CT1 and London Plan Policies T6, T6.2 and T6.3.
27)
Delivery and Servicing Management Plan
The development hereby approved shall not be occupied until a Delivery and Servicing Management Plan has been submitted to, and approved in writing by, the Local Planning Authority.
The Delivery and Servicing Management Plan shall include:
A restriction of the use of the servicing area between 08.00 hours - 09.00 hours and 17.00 hours - 18.00 hours on weekdays
All Heavy Goods Vehicles attending site to load from within the servicing area rather than on-street
Full details of refuse storage and collection arrangements for all land uses
The uses of the buildings shall thereafter be carried out only in accordance with the approved Delivery and Servicing Management Plan for the lifetime of the development.
Reason - To ensure the development does not lead to the obstruction of adjacent streets and to maintain highway safety, in accordance with the Development Plan, in particular Local Plan Policy Policies CT1 and CR7 and London Plan Policy T7.
28)
Landscaping and Public Realm Scheme
Notwithstanding Condition 2, prior to commencement of above ground works (save for demolition) of the development hereby approved, a Landscaping and Public Realm Scheme for the public and private areas in the development shall be submitted to, and approved in writing by, the Local Planning Authority.
The submitted scheme shall include the following details:
The overall layout, including extent and type of hard and soft landscaping;
The location, species and sizes of proposed trees and tree pit design;
Details of soft planting, including shrubs and herbaceous areas including details of how the planting will improve biodiversity;
Enclosures including type, dimensions and treatments of any walls, fences, screen walls, barriers, railings and hedges;
Hard landscaping, including ground surface materials, kerbs, edges, ridge and flexible pavements;
Street furniture, including type, materials and manufacturer's specification, if appropriate;
Full details of access road improvements including materials, carriageway widths, footway widths and cycle parking locations, planting, planters, seating, lighting and any other furniture or features.
Children's play space equipment and structures
The development shall be carried out only in accordance with the approved details and shall be retained and maintained for the lifetime of the development.
All landscaping in accordance with the approved scheme shall be completed/planted during the first planting season following practical completion of the development or first occupation, whichever is sooner.
The landscaping and tree planting shall have a two-year maintenance and watering provision following planting. Any trees or shrubs which, within a period of five years from the first planting and seeding season referred to above, die, or are removed, or become seriously damaged or diseased, shall be replaced in the next planting season with the same size and species or an approved alternat
29)
Travel Plan
The development hereby approved shall not be occupied until a Travel Plan with details relating to the office use 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 approved Travel 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 the Development Plan, in particular Local Plan Policy CT1 and London Plan Policy T6 and T6.2.
30)
Demolition Traffic Management Plan
No development shall commence until a Demolition Traffic Management Plan (DTMP) has been submitted to, and approved in writing by, the Local Planning Authority.
The DTMP shall include:
routeing of excavation and demolition vehicles, including a response to existing or known projected major building works at other sites in the vicinity and local works in the highway;
access arrangements to the site;
the estimated number and type of vehicles per day/week;
details of any vehicle holding area;
details of the vehicle call up procedure;
estimates for the number and type of parking suspensions that will be required;
details of any diversion or other disruption to the public highway during preparation, excavation and demolition work associated with the development;
work programme and/or timescale for each phase of preparation, excavation and demolition work associated with the development;
details of measures to protect pedestrians and other highway users from construction activities on the highway; and
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 DTMP. A one page summary of the requirements of the approved DTMP 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 Development Plan, in particular Local Plan Policies CL5, CL7 and CT1 and London Plan Policy T7, as well as the Basements SPD.ÿ It is necessary for the condition to be on the basis that 'No development shall commence until' as
31)
Construction Traffic Management Plan
No development (save for demolition) shall commence until a Construction Traffic Management Plan (CTMP) has been submitted to, and approved in writing by, the Local Planning Authority.
The CTMP shall include:
routeing of 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;
access arrangements to the site;
the estimated number and type of vehicles per day/week;
details of any vehicle holding area;
details of the vehicle call up procedure;
estimates for the number and type of parking suspensions that will be required;
details of any diversion or other disruption to the public highway during preparation, excavation and construction work associated with the development;
work programme and/or timescale for each phase of preparation, excavation and construction work associated with the development;
details of measures to protect pedestrians and other highway users from construction activities on the highway; and
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 CTMP. 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 Development Plan, in particular Local Plan Policies CL5, CL7 and CT1 and London Plan Policy T7, as well as the Basements SPD.
32)
London Underground Infrastructure Protection - detailed design and method statements
A. No development shall commence until detailed design and method statements for demolition works have been agreed with Transport for London Infrastructure Protection, and written confirmation of that agreement has been submitted to the Local Planning Authority.
ÿ
The detailed design and method statement shall include the following:
ÿ
A staged ground movement assessment (GMA) that identifies the risk and impact of the proposed development and associated construction activities on London Underground Assets. All relevant stages of demolition, shall be considered.
ÿ
Details of excavation methods and temporary / permanent retaining structures.
ÿ
Site specific Risk Assessments and Method Statements (RAMS) for any activities which Transport for London may deem to be a risk to London Underground.ÿ Individual RAMS shall be issued a minimum of 6 weeks prior to the individual activity commencing.
ÿ
Details on temporary storage and welfare structures.
ÿ
Details of vehicles moving into and out of the site for the delivery and removal of demolition related materials.
ÿ
Details on the use of scaffolding, tall plant and lifting equipment.
ÿ
Demonstrate that the risks to the railway from the use or storage of any cranes or other tall plant are mitigated as low as reasonably practicable.
ÿ
Accommodate the location of the existing London Underground structures using the TFL correlation survey which highlights the position of all TFL assets.
ÿ
Demonstrate that the normal use and emergency access / egress requirements of London Underground assets will be maintained throughout demolition and on completion of the development.
ÿ
Demonstrate that any Electromagnetic Compatibility (EMC) emissions from any plant or equipment to be used on the site or in the completed development will not adversely affect London Underground equipment or signalling.
ÿ
Demonstrate that there will at no time be any potential se
33)
Professional management of engineering works
No development shall commence until:
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
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 in accordance with the Development Plan, in particular Local Plan Policy CL7 and the Basements SPD. 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.
34)
Energy Performance
The development shall be constructed in accordance with the submitted Energy Statement Rev 05 dated September 2023 prepared by HDR. The energy efficiency and sustainability measures set out therein shall be completed and made operational prior to the first occupation of the development and retained and maintained for the lifetime of the development.
The development shall achieve regulated carbon dioxide emission savings of no less than 35% against the Target Emissions Rate of Part L of Building Regulations (2021) as set out in the approved Energy Strategy, with no less than 36% for the non-residential floorspace and no less than 74% per cent for the residential floorspace.
Prior to occupation of the development, evidence shall be submitted to, and approved in writing by, the Local Planning Authority, to demonstrate that the development has been carried out in accordance with the approved Energy Strategy and the above minimum reduction in carbon dioxide emissions beyond Part L has been achieved and that all of the approved energy efficiency and sustainability measures have been implemented.
Reason - To ensure that the development contributes to the attainment of sustainable development in accordance with the Development Plan, in particular Local Plan Policy CE1 and London Plan Policy SI2.
35)
Post-Construction Whole Life-Cycle Carbon Assessment
Prior to the occupation of the development hereby approved, the post-construction tab of the GLA's Whole Life-Cycle Carbon Assessment template shall be completed in accordance with the Whole Life-Cycle Carbon Assessment London Plan Guidance and submitted to the GLA at: [email protected], along with any supporting evidence as per the guidance.
Prior to the occupation of the development, confirmation of the submission to the GLA shall be submitted to, and approved in writing by, the Local Planning Authority.
Reason - In the interests of sustainable development and to maximise on-site carbon dioxide savings, in accordance with the Development Plan, in particular London Plan Policy SI2, and the Mayor of London's Whole Life Carbon Assessment Guidance (LPG).
36)
Post-Construction Circular Economy Monitoring Report
Prior to the occupation of the development hereby approved, a Post-Construction Circular Economy Monitoring Report shall be completed in accordance with the GLA's Circular Economy Statement Guidance and submitted to the GLA at: [email protected], along with any supporting evidence as per the guidance.
Prior to the occupation of the development, confirmation of the submission to the GLA shall be submitted to, and approved in writing by, the Local Planning Authority.
Reason: In the interests of sustainable waste management and in order to maximise the re-use of materials, in accordance with the Development Plan, in particular London Plan Policy SI7, and the Mayor of London's Circular Economy Statements Guidance (LPG).
37)
BREEAM Rating - Non-residential
The non-residential floorspace hereby approved in the development (whether fully fitted or shell and core) shall achieve a BREEAM rating of Excellent. Within six months of occupation of the development, evidence that a Post Construction Review Certificate has been issued for the development certifying that a BREEAM rating of Excellent has been achieved shall be submitted to and approved in writing by the Local Planning Authority.
Reason - To ensure that the development contributes to the attainment of sustainable development in accordance with the Development Plan, in particular Local Plan Policy CE1 and London Plan Policy SI5.
38)
Protection of trees during demolition and construction
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, and the methodology for re-building the planter around the retained London Plane tree at the corner of Notting Hill Gate and Kensington Church Street, 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 approved details.
Reason - To ensure that the trees are adequately protected, to safeguard their contribution to theÿappearance and amenity of the area in accordance with the Development Plan, in particular Local Plan Policy CR6 and London Plan Policy G7. 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.
39)
Trees and landscaping
No development (with the exception of demolition, below ground works and temporary works) shall commence until a scheme of landscaping, to include all retained trees and shrubs and proposed trees, shrubs, paths and their surfacing materials, has been 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 approved details.
Reason - To protect the appearance and amenity of the area in accordance with the Development Plan, in particular Local Plan Policy CR6 and London Plan Policy G7.
40)
Landscape and Ecological Management Plan
Notwithstanding Condition 2, prior to the commencement of above ground works (save for demolition, below ground works and temporary works) of the development hereby approved, an Ecological Management Plan for the development shall be submitted to, and approved in writing by, the Local Planning Authority.
The Landscape and Ecological Management Plan shall include:
The recommended mitigations and enhancements as per the Ecological Impact Appraisal dated May 2023 prepared by Eight Versa;
Details of the mitigations and enhancements to include specifications, location, positions, aspect, etc (where relevant). This shall include planting lists for all external spaces; details of irrigation methods for all outdoor planting; location, aspect and specification of bat / bird / insect boxes; and external lighting design;
Timetable for implementation;
Details of the long-term ecological objectives, maintenance schedules, management and monitoring.
The development shall not be occupied until the approved Landscape and Ecological Management Plan for the development is implemented in full and shall thereafter be retained.
Reason - To ensure the development provides the maximum possible provision towards creation of habitats and valuable areas for biodiversity in accordance with the Development Plan, in particular Local Plan Policy CE4 and London Plan Policy G6.
41)
Sustainable Drainage Systems Strategy
Notwithstanding Condition 2, no development (with the exception of demolition and temporary works) shall commence until a Sustainable Drainage Systems (SuDS) Strategy is submitted to, and approved in writing by, the Local Planning Authority.
The SuDS Strategy shall include the following details:
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 greenfield rates including climate change in calculations and factoring in all flows in to the sewer system including groundwater or other flows);
Details of how rainwater harvesting has been incorporated into the surface water drainage strategy;
Details of 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 / blue roofs, sub-base attenuation, permeable paving, tree pit planters etc).
Drainage plans to show how surface water run-off will be conveyed to the SuDS and any connections to the sewer system if necessary;
A plan showing the routes that water would take in the event of exceedance of the drainage network;
A management and maintenance plan for the entire drainage network, including rainwater harvesting, green / blue roofs and other infrastructure. This should include the frequency of maintenance activities as well as the responsible persons or organisation to carry out the maintenance.
During construction of the development hereby approved, the approved SuDs shall be fully implemented and functional for use prior to first occupation / use of the development, and thereafter shall be retained and maintained for the lifetime of the development.ÿ
Reason - To reduce flood risk and to contribute to sustainability in accordance w
42)
Groundwater Level Monitoring
No development other than demolition and enabling works (defined as erection of site fencing/hoarding, marking out, access and ground investigations) shall take place until a Groundwater Level Monitoring Scheme for monitoring and responding to impacts on groundwater levels and flows during construction and operation of the development hereby permitted has been submitted to, and approved in writing by, the Local Planning Authority.
The Ground Water Level Monitoring Scheme shall include the following:
Drawing showing location of groundwater monitoring boreholes;
Frequency of groundwater level monitoring
A strategy to analyse trends and triggers in groundwater levels
Identification of necessary mitigation measures should triggers be reached.
The approved Groundwater Level Monitoring Scheme shall be implemented and a Verification Report shall be submitted to, and approved in writing by, the Local Planning Authority within 3 months of completing the development.
Any mitigation measures identified within monitoring update reports shall be fully implemented within agreed timescales and a Verification Report shall be submitted to, and approved in writing by, the Local Planning Authority within 3 months of completing any approved mitigation measures. The approved mitigation measures shall be retained and maintained for the lifetime of the development.
Reason - To ensure any risks from groundwater flooding are both minimised and managed in accordance with the Development Plan, in particular Local Plan Policy CE2. Ground works and wall design need to be considered within the Groundwater Level Monitoring Scheme to ensure safe development, appropriate design and in order to ensure an appropriate level of baseline monitoring is collected during the course of the development.
43)
Sewer flooding
Prior to first occupation of the basement hereby approved, the basement shall be fitted with a positively pumped device designed to remove sewer floodwater from the building, which shall be maintained and functional at all times.
Reason - To protect the building from sewer flooding, in accordance with the Development Plan, in particular Local Plan 2019 Policies CE2 and CL7.
44)
Piling Method Statement
No piling shall take place until a Piling Method Statement has been agreed with Thames Water and, written confirmation of that agreement has been submitted to the Local Planning Authority.
The Piling Statement shall include:
The depth and type of piling to be undertaken
The methodology for carrying out the piling
Measures to prevent and minimise the potential for damage to sub-surface sewerage infrastructure
Programme for the works
The piling shall be carried out only in accordance with the approved Piling Method Statement.
Reason - The proposed works will be in close proximity to underground sewerage utility infrastructure. Piling has the potential to significantly impact / cause failure of local underground sewerage utility infrastructure. Local Plan Policy CL7 and London Plan Policy D10.
45)
Water Efficiency
The dwellings within the Medical Centre / Housing Block in the development hereby approved shall achieve compliance with Optional Requirement G2 (2) (b) of Approved Document G of the Building Regulations 2010 and the dwellings shall not be occupied until Building Regulations approval has been issued in respect of that dwelling certifying that these criteria have been achieved.
Reason - To ensure that the development contributes to the attainment of sustainable development, in accordance with the Development Plan, in particular Local Plan Policy CE1 and London Plan Policy SI5.
46)
Water demand
Prior to occupation / first use of the development hereby approved, written confirmation shall be provided to the Local Planning Authority that either:
All water network upgrades required to accommodate the additional demand to serve the development have been completed, or
A Development and Infrastructure Phasing Plan has been agreed with Thames Water to allow development to be occupied. Where a Development and Infrastructure Phasing Plan is agreed, the development shall be carried out in accordance with those details prior to occupation.
Reason - The development may lead to no / low water pressure and network reinforcement works are anticipated to be necessary to ensure that sufficient capacity is made available to accommodate additional demand from the development, in accordance with the Development Plan, in particular London Plan Policy SI5.
47)
Demolition Environmental Management Plan
No development shall commence until a Demolition Environmental Management Plan (DEMP) has been submitted to, and approved in writing by, the Local Planning Authority. The DEMP shall comply with and follow the chapter order (4 - 7) and appendices (5, 7, 8, 9) of the Mayor of London 'The Control of Dust and Emissions during Construction and Demolition' Supplementary Planning Guidance (2014). The works shall be carried out only in accordance with the approved DEMP.
Reason - To ensure any impact on air quality is both minimised and managed in accordance with the Development Plan, in particular Local Plan Policies CE3, CE5, CE6 and CL5 and London Plan Policy SI 1 and guidance in the Mayor of London's Supplementary Planning 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.
48)
Construction Environmental Management Plan (CEMP)
No development (save for demolition) shall commence until a Construction Environmental Management Plan (CEMP) has been submitted to, and approved in writing by, the Local Planning Authority. The CEMP shall comply with and follow the chapter order (4 - 7) and appendices (5, 7, 8, 9) of the Mayor of London 'The Control of Dust and Emissions during Construction and Demolition' Supplementary Planning Guidance (2014). The works shall be carried out only in accordance with the approved CEMP.
Reason - To ensure any impact on air quality is both minimised and managed in accordance with the Development Plan, in particular Local Plan Policies CE3, CE5, CE6 and CL5 and London Plan Policy SI1 and guidance in the Mayor of London's Supplementary Planning Guidance 'Control of dust and emissions from construction and demolition'.
49)
Air Quality Dust Monitoring
No development shall commence until details of dust pollution monitoring, using an objective method of measurement, for the development hereby approved have been submitted to, and approved in writing by, the Local Planning Authority.
The submitted details shall include, but not be limited to:
The method, frequency and location of monitoring
How details will be shared with and accessed by the Council
The baseline levels of dust
The action levels of dust pollution
The development shall be carried out and monitored in accordance with the approved details. Where agreed levels are exceeded, the demolition and / or construction works on site shall cease and not re-commence until action has been taken to ensure the levels of dust are reduced to comply with the agreed actin level.
Reason - To ensure any impact on air quality is both minimised and managed during demolition and construction in accordance with the Development Plan, in particular Local Plan Policy CE5 and London Plan Policy SI1.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 policies of the Development Plan.
50)
Non Road Mobile Machinery (NRMM)ÿ
All Non-Road Mobile Machinery (NRMM) of net power of 37KW and up to and including 560KW used during the course of the demolition, site preparation and construction phases shall meet Stage IIIB of EU directive 97/68/EC as a minimum or higher emission standards as set within the NRMM Low Emissions Zone at the time of development, unless it can be demonstrated that Stage IIIB equipment is not available.
Unless it complies with the above standards, no NRMM shall be on site at any time whether in use or not. An inventory of all NRMM shall be registered on the NRMM register: https://nrmm.london/
All NRMM shall be regularly serviced and service logs kept on site for inspection.
Records shall be kept on site which detail proof of emission limits for all equipment.
Reason - To ensure any impact on air quality is both minimised and managed during demolition and construction in accordance with the Development Plan, in particular Local Plan Policy CE5 and London Plan Policy SI1, and guidance within the Mayor's 'Control of Dust and Emissions during Construction and Demolition' Supplementary Planning Guidance (SPG) dated July 2014.
51)
Air Source Heat Pumps and Photovoltaic Panels
Prior to occupation of the development hereby approved, details of the installation of Air Source Heat Pumps and Photovoltaic Panels that are provided for space heating and hot water shall be submitted to, and approved in writing by, the Local Planning Authority. The approved details shall be fully implemented prior to occupation / first use of the development and thereafter retained and maintained for the lifetime of the development.
Reason - To ensure any impact on air quality is both minimised and managed in accordance with the Development Plan, in particular Local Plan 2019 Policy CE5 and London Plan 2021 Policy SI1.ÿ
52)
Combustion Plant: Emergency Diesel Generator
No development (save for demolition) shall commence on the relevant block until details of emission certificates and the results of the NOx emissions testing of each Emergency Diesel Generator plant have been submitted to, and approved in writing by, the Local Planning Authority.
The details shall include the number, generator specification sheets, the associated NOx emissions, details of routine testing, efflux velocity and location / height of the exit flue.
Generators with a thermal capacity between 1-50MW are required to apply for a permit to operate under the Medium size Combustion Plant Directive, although would be exempt from permitting if they only operate for testing purposes of no more than 50-hours per year.
No development (save for demolition) shall commence on thr relevant block until details demonstrating that all Emergency Diesel Generator Plant and associated abatement technologies meet a minimum dry NOx emission standard of 95 mg/Nm3 (at 5% O2) respectively by an accredited laboratory have been submitted to, and approved in writing by, the Local Planning Authority.
Following installation, where any combustion plant does not meet the relevant emission standards stated above, it shall not be operated without the fitting of suitable secondary NOx abatement equipment/technology as determined by a specialist to ensure comparable emissions.
Prior to occupation / first use of the development of the relevant block, the approved system shall be installed and be operational. Details to demonstrate where secondary abatement is used for the Emergency Diesel Generator the relevant emissions standards in Part B are met within 10 minutes of the generator commencing operation shall be submitted to, and approved in writing by, the Local Planning Authority.
During the operation of the emergency diesel generators there shall be no persistent visible emission. The maintenance and cleaning of the systems shall
53)
Contamination - Preliminary Risk Assessment and Site Investigationÿ
No development shall commence until a Preliminary Risk Assessment (PRA) and 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 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 in accordance with the Development Plan policies, in particular Local Plan Policy CE7. It is necessary for the condition to be on the basis that '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.ÿ
54)
Contamination - Quantitative Risk Assessment and Remediation Strategyÿ
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, an Options Appraisal, and a Remediation Strategy have been submitted to, and approved in writing by, the Local Planning Authority.
The intrusive site investigation, Risk Assessment, Options Appraisal, Remediation Strategy 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 in accordance with the Development Plan policies, in particular Local Plan Policy CE7. 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 Option 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.ÿÿ
55)
Contamination - Verification report
No occupation or use of the development shall occur until the approved Remediation Strategy is implemented and a Verification Report has been submitted to, and approved in writing by, the Local Planning Authority.
The Verification Report 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.ÿÿ
Reason - To ensure any risks from land contamination are both minimised and managed in accordance with the Development Plan policies, in particular Local Plan Policy CE7.
56)
Contamination - Unexpected contaminationÿ
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.ÿ
Further Intrusive Site Investigation shall be undertaken and a Remediation Statement, addressing the unexpected contamination, shall be submitted to, and approved in writing by, the Local Planning Authority. The Further Site Investigation and Remediation Strategy 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.ÿ
Reason - To ensure any risks from land contamination are both minimised and managed in accordance with the Development Plan policies, in particular Local Plan Policy CE7.
57)
Ventilation Strategy
Prior to commencement of above ground works (excluding site clearance, demolition and basement works) a Ventilation Strategy in order to mitigate air pollution shall be submitted to, and approved in writing by, the Local Planning Authority.
The Ventilation Strategy shall include the following:
(i) Details and locations of the air intake locations on the buildings;
(ii) Details and locations of ventilation extracts, generator 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
(iii) If part (i) 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's 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 retained and maintained for the lifetime of the development.
Prior to occupation of the development hereby approved, details of a post-installation report of the approved Ventilation Strategy shall be submitted to, and approved in writing by, the Local Planning Authority. The approved details shall be fully implemented prior to the occupation/use of the development and thereafter permanently retained and maintained.
Reason - To ensure any impact on air quality is both minimised and managed during construction and to compl
58)
Fire Statements
Notwithstanding Condition 2, no development shall commence until revised Fire Statements (for the office and retail uses, and the medical and residential uses) for the development hereby approved have been submitted to, and approved in writing by, the Local Planning Authority.
Reason - To ensure that the highest standards of fire safety are achieved in accordance with the Development Plan, in particular London Plan Policies D5 and D12.