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Property details

Case reference: PP/16/05236
Address: 47-69 Notting Hill Gate, LONDON, W11 3JS
Ward: Campden
Polling district: 03
Listed Building Grade: N/A
Conservation area: N/A

Applicant details

Applicant's name: FREP 3 (Notting Hill Gate 3) Limited
Applicant company name: Gerald Eve LLP
Contact address: 72 Welbeck Street London W1G 0AY

Proposal details

Application type: PP (Planning permission)
Proposed development Re-cladding of existing building at first to third floor levels, change of use of part ground, first, second and third floors to office (use class B1) floor space, provision of one additional storey of office floor space at fourth floor level to provide a total of 2,555 sq. (GEA) of office (use class B1) floor space and installation of plant and associated alterations (MAJOR DEVELOPMENT)
Date received: 08 Aug 2016
Registration date:
(Statutory start date)
26 Aug 2016
Public consultation ends: 23 Sep 2016
Application status: Decided
Target date for decision: 25 Nov 2016

Decision details

This case has not yet been decided.

Decision: Permission granted, SUBJECT to S.106 ag.
Decision date: 06 Jan 2017
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)

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.ÿ The statement should include: a)ÿ 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)ÿ access arrangements to the site; c)ÿ the estimated number and type of vehicles per day/week; d)ÿ details of any vehicle holding area; e)ÿ details of the vehicle call up procedure; f)ÿÿ 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)ÿ work programme and/or timescale for each phase of preparation, demolition, excavation and construction work associated with the development; i)ÿÿ details of measures to protect pedestrians and other highway users from construction activities on the highway; j)ÿ a strategy for coordinating the connection of services on site with any programme work to utilities upon adjacent land; and k)ÿ 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.
Reason - To minimise the impact of construction works upon highway safety and nearby residents' enjoyment of their properties in accordance with the Transport and Streets SPD and policies CT1 and CL5 of the Consolidated Local Plan.ÿ It is necessary for the condition to be on the basis that 'No development shall commence unt

4)

Protection of trees during construction - Details required No development shall commence until full particulars of the method(s) by which all existing street trees adjacent to the site 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 Development Plan.

5)

Construction and Demolition Management Plan No development shall commence until a risk assessment based on the Mayor's SPG 'The Control of Dust and Emissions during Construction and Demolition', July 2014 has been undertaken and the identified measures recommended for inclusion into a site specific Construction and Demolition Management Plan (CDMP) that is submitted to an approved in writing by the Council. This CDMP should include an inventory and timetable of dust generating activities; dust and emission control methods for construction traffic and Non Road Mobile Machinery (NRMM). Air quality monitoring of PM10 should be undertaken where appropriate and used to prevent levels exceeding predetermined Air Quality threshold trigger levels. The assessment should take into account residential receptors onsite and offsite of the development. 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 , Policies 7.14a-c of the London Plan and Policy CE5 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 Development Plan.

6)

Non Road Mobile Machinery (NRMM) Prior to the commencement of the development details shall be submitted to and approved in writing by the Council of all Non-Road Mobile Machinery (NRMM) to be used on the development site. All NRMM should meet as minimum the Stage IIIA emission criteria of Directive 97/68/EC and its subsequent amendments unless it can be demonstrated that Stage IIIA equipment is not available. An inventory of all NRMM must be registered on the NRMM register https://nrmm.london/user-nrmm/register. All NRMM should be regularly serviced and service logs kept on site for inspection. Records should be kept on site which details proof of emission limits for all equipment.
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. 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.

7)

Submission of details (Full PP) No development, save for demolition and site preparation works, shall commence until full particulars of the following have been submitted to and approved in writing by the local planning authority and the development shall not be completed otherwise than in accordance with the details so approved: samples of the materials to be used on the external faces of the building, including construction drawings, and a specification of the colour, tone and texture; detailed drawings of all materials, windows, doors and entrances (including the plant enclosure at main roof level) at scale 1:20; details of lighting rationale including locations; lux level; timings and fittings; details of PV panels proposed to the roof of the building; details of the bicycle parking and associated facilities (to include shower and changing facilities); and Provision of access for people with disabilities.
Reason - To accord with the development plan by ensuring that the character and appearance of the area are preserved and living conditions of those living near the development suitably protected. It is necessary for the condition to be on the basis that 'No development shall commence until' as compliance with the requirements of the condition at a later time would result in unacceptable harm contrary to the policies of the Development Plan.

8)

BREEAM Rating - New build non-residential The non-residential floorspace shall achieve a BREEAM rating of Very Good, and none of this floorspace shall be occupied until a Post Construction Review Certificate has been issued for it certifying that a BREEAM rating of Very Good has been achieved.
Reason - To ensure that the development contributes to the attainment of sustainable development and to comply with policy CE1 of the Consolidated Local Plan.

9)

Noise from building services plant and vents Noise emitted by all building services plant and vents shall not exceed a level 10dBA below the existing lowest LA90(10min) background noise level at any time when the plant is operating, and where the source is tonal it shall not exceed a level 15dBA below. The noise emitted shall be measured or predicted at 1.0m from the facade of the nearest residential premises or at 1.2m above any adjacent residential garden, terrace, balcony or patio. The plant shall be serviced regularly in accordance with the manufacturer's instructions and as necessary to ensure that the requirements of the condition are maintained. If at any time the plant is determined by the local planning authority to be failing to comply with this condition, it shall be switched off upon written instruction from the local planning authority and not used again until it is able to comply.
Reason - To prevent any significant disturbance to residents of nearby properties and comply with development plan policies, in particular policy CL5 of the Consolidated Local Plan.

10)

Anti-vibration mounts for air-conditioning/ extraction equipment The plant shall not operate unless it is supported on adequate proprietary anti-vibration mounts to prevent the structural transmission of vibration and regenerated noise within adjacent or adjoining premises, and these shall be so maintained thereafter.
Reason - To prevent any significant disturbance to residents of nearby properties and comply with development plan policies, in particular policy CL5 of the Consolidated Local Plan.

11)

Noise mitigation measures In order to comply with condition 9, the noise mitigation measures, of the performance and specification as described in the Assessment of Environmental Noise and Vibration (prepared by Ian Sharland Ltd dated 4 August 2016, Ref: M3491S), shall be adopted and implemented in full.
Reason - To prevent any significant disturbance to residents of nearby properties and comply with development plan policies, in particular policy CL5 of the Consolidated Local 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)

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 Borough Development, 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

3)

Planning Obligation
In granting this permission the Council has had regard to Planning Obligation(s) under Section 106 of the Town and Country Planning Act 1990, as amended.

4)

CTMPs - Reminder to be Sensitive
You should engage with neighbours and local residents associations in advance of submitting your Construction Traffic Management Plan (CTMP).ÿÿ It also advisable to engage in further pre-application discussions with the Local Planning Authority prior to submission of the CTMP.ÿ You are reminded of the purpose of the CTMP, which is to mitigate impact upon the living conditions enjoyed by residents of neighbouring properties as well as to ensure the safe and unobstructed function of the highways in the vicinity.ÿ You are also reminded of the membership of the Considerate Constructors Scheme, required by condition and which has similar objectives.ÿ Care and sensitivity is required when carrying out development in residential areas.ÿ

5)

Unique text
Thames Water will aim to provide customers with a minimum pressure of 10m head (approx 1 bar) and a flow rate of 9 litres/minute at the point where it leaves Thames Waters pipes. The developer should take account of this minimum pressure in the design of the proposed development.

6)

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: PSC (Planning Applications Committee)
Date:20 Dec 2016
Report item number:STR9

Appeal details

This case has not been appealed.

Planning Inspectorate reference number:
Appeal received:
Appeal type:
Appeal procedure:
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Deadline for comments to be received by the Planning Inspectorate:
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Contact details

Planning case officer: Daniel Massey
Planning team: Strategic Developments Team
Email: planning@rbkc.gov.uk
Telephone: 020 7361 3012

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Documents related to case PP/16/05236