1)
Enforcement of Conditions (PP)
Your attention is drawn to the Conditions of this Permission and to the Council's powers of enforcement, including the power to serve a Breach of Condition Notice under the Town and Country Planning Act 1990, as amended. All Conditions must be complied with. If you wish to seek to amend a Condition you should apply to do so under s.73 of the Act, explaining why you consider it is no longer necessary, or possible, to comply with a particular condition.
2)
Conditions - Precedent to Commencement
Conditions nos 3, 4, and 6 impose requirements which must be met prior to commencement of the development. Failure to observe these requirements could result in the Council taking enforcement action, or may invalidate the planning permission and render the whole of the development unlawful.
3)
Variations to Approved Drawings
Planning permission is hereby granted for the development as shown on the approved drawings. Any variation to the approved scheme may require further permission, and unauthorised variations may lay you open to planning enforcement action. You are advised to seek advice from the Directorate of Planning and 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
4)
Care in the Conservation Area
This property is within a Conservation Area. All building works should, therefore, be completed with great care. External facing work and detailed treatment should be finished in a manner sympathetic to the existing building. If there is any doubt about the way in which work should be carried out, you should seek the advice of the Directorate of Planning and Borough Development.
5)
May require Planning Permission
You are advised that any building plant proposed at the site, including air conditioning or heating units, may require planning permission, and you are advised to consult the Directorate of Planning Services. The Council has powers of enforcement under the Town and Country Planning Act, 1990, in relation to development carried out without planning permission.
6)
Means of Escape - Separate Approval
Any proposals for external fire escapes, exit housings, roof walkways, or safety railings arising from the requirements of approved document B of the Building Regulations 2010 may require further planning permission, and approval under those Regulations does not imply that planning permission will be granted. The Directorate of Planning and Borough Development will be pleased to advise on the implications of any such changes.
7)
Pro forma CTMP with link
In order to discharge the requirements of condition X in respect of the Construction Traffic Management Plan, the Councils pro forma must be used which can be found via the following link:
https://www.rbkc.gov.uk/environmentandtransport/transportandstreets/roadsandpavements/managingconstructiontraffic/ctmpguidance.aspx
A number of revisions also need to be made to the Construction Traffic Management Plan as submitted. The proposed access and egress route outlined in Question 7 needs to be revised. Access could be achieved from Warwick Gardens left into Pembroke Gardens and straight in to Pembroke Gardens Close. Egress could be achieved via a similar reverse route. Edwardes Square to the north of the site should be avoided.
Within Question 9, the applicant should confirm whether consent has been granted by the Management Company or Residents' Association, as appropriate, for the use of Pembroke Gardens Close by construction vehicles. Finally, within Question 30 there should be confirmation that the applicant will specifically liaise with the development at 59 South Edwardes Square, as vehicles for that development are manoeuvring at the junction of Pembroke Gardens and Pembroke Gardens Close.
8)
Unique text
Any spoil excavated during construction spoil should be disposed of in accordance with current waste management legislation. Should abnormal ground conditions or contamination be encountered during excavations, construction work should cease and specialist contaminated land advice should be sought.
9)
GTD/No pre-app/Amendmts to comply Est. G
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, although not used in this instance.
On first submission the proposals did not comply with guidance, but improvements suggested by the planning authority were adopted by the applicant.