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Property details

Case reference: PP/17/00253
Address: 128A Lancaster Road, LONDON, W11 1QS
Ward: Colville
Polling district: 05
Listed Building Grade: N/A
Conservation area: N/A

Applicant details

Applicant's name: Royal Borough of Kensington and Chelsea - Corporate Property Department
Applicant company name: Pegasus Group
Contact address: Abbey House Grenville Place Bracknell RG12 1BP

Proposal details

Application type: PP (Planning permission)
Proposed development Demolition of existing youth centre buildings (Class D1 use) and construction of mixed-use four storey building comprising library, replacement youth centre, external multi-use-games-area (MUGA) and education space (Class D1 use), together with associated hard and soft landscaping. (MAJOR APPLICATION)
Date received: 13 Jan 2017
Registration date:
(Statutory start date)
16 Jan 2017
Public consultation ends: 27 Mar 2017
Application status: Decided
Target date for decision: 17 Apr 2017

Decision details

This case has not yet been decided.

Decision: Grant Planning Permission/Consent
Decision date: 06 Apr 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)

Social and community uses (class D1 uses) The floor spaces as shown on approved drawings NKL-0100-00-00-DR-A-07100-P1 NKL-0100-00-01-DR-A-07101-P1 NKL-0100-00-02-DR-A-07102-P1 NKL-0100-00-03-DR-A-07103-P1 shall only be used for the social and community uses as specified on these drawings, with the following areas: 829my GIA for the Library, 373my GIA for the Youth Centre, 1,600my GIA for the Educational Use, 736my GIA for the MUGA and ancillary spaces, and for no other uses within class D1 of the Town and Country Planning (Use Classes) Order 1987 (as amended).
Reason - To protect the approved social and community uses in accordance with the development plan, in particular policy CK1, and to protect the amenity of nearby occupiers in accordance with the development plan, in particular policy CL5 of the Consolidated Local Plan.

4)

Community Use Management Plan (MUGA, Library and Youth Centre) The development shall not be occupied until a final Community Use Management Plan for the MUGA, Library and Youth Centre has been submitted to and approved in writing by the local planning authority.
Reason - To protect the approved social and community uses in accordance with the development plan, in particular policy CK1 of the Consolidated Local Plan.

5)

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 policy CL5 of the Consolidated Local Plan 2015. 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)

Demolition Environmental Management Plan (DEMP) No development shall commence until a site specific Demolition Environmental Management Plan (DEMP) 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 DEMP shall as a minimum 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; include an inventory and timetable of dust generating activities during demolition; include dust and emission control measures including on-road demolition traffic e.g. use of Ultra Low Emission Vehicles; Non-Road Mobile Machinery (NRMM) (to include on-site monitoring of PM10 and reporting); include noise and vibration mitigation measures (to include s61 procedure and on-site monitoring and reporting).
Reason - To comply with the requirements of the NPPF and policies CE3, CE5, CE6, and CL5 of the Consolidated Local Plan 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.

7)

Construction Environmental Management Plan (CEMP) No development shall commence (save for demolition) until a site specific Construction Environmental Management Plan (CEMP) 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 CEMP shall as a minimum 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; include an inventory and timetable of dust generating activities during construction; include dust and emission control measures including on-road construction traffic e.g. use of Ultra Low Emission Vehicles; Non-Road Mobile Machinery (NRMM) (to include on-site monitoring of PM10 and reporting); include noise and vibration mitigation measures (to include s61 procedure and on-site monitoring and reporting).
Reason - To comply with the requirements of the NPPF and policies CE3, CE5, CE6, and CL5 of the Consolidated Local Plan 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.

8)

Demolition Traffic Management Plan (DTMP) No development shall commence until a Demolition Traffic Management Plan (DTMP) has been submitted to and approved in writing by the local planning authority.ÿThe statement should include: a)ÿ routeing of demolition, 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)ÿÿestimates 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 and demolition work associated with the development; h)ÿwork programme and/or timescale for each phase of preparation and demolition work associated with the development; i)ÿÿdetails of measures to protect pedestrians and other highway users from demolition activities on the highway; j)ÿa 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 Demolition Traffic Management Plan.
Reason - To minimise the impact of demolition works upon highway safety and nearby residents' enjoyment of their properties in accordance with 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 until' as compliance with the requirements of the condition at a later time would result in unacceptable harm contrary to the policies of

9)

Construction Traffic Management Plan (CTMP) No development shall commence (save for demolition) until a Construction Traffic Management Plan (CTMP) has been submitted to and approved in writing by the local planning authority.ÿ The statement should include: a)ÿ 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; 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)ÿÿestimates 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 excavation and construction work associated with the development; h)ÿ work programme and/or timescale for each phase of 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 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 until' as compliance with the requirements of the condition at a later ti

10)

Footpath reinstatement The building shall not be occupied until detailed drawings of the replacement footpath have been submitted to and approved by the local planning authority, and the reinstatement works have been completed. The drawings shall include details of any yellow lines.
Reason - To ensure the reinstatement of the footpath in accordance with policy CT1(g) of the Consolidated Local Plan.

11)

Details of cycle storage The development shall not be occupied until details of all cycle storage facilities indicated on the approved plans have been submitted to and approved by the local planning authority in writing and installed as so approved. The cycle facilities shall thereafter be retained for use at all times.
Reason - To ensure the safe and sustainable movement of traffic on neighbouring highways, in accordance with policies of the development plan, in particular policy CT1 of the Consolidated Local Plan.

12)

Travel Plan (Educational Use) - Details reserved The Educational Use hereby approved as shown on approved drawings NKL-0100-00-01-DR-A-07101-P1, NKL-0100-00-02-DR-A-07102-P1 and NKL-0100-00-03-DR-A-07103-P1 (1,600my GIA) shall not be occupied until a travel plan 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 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 policies of the development plan in particular policy CT1 of the Consolidated Local Plan.

13)

Travel Plan (Library) - Details reserved The Library hereby approved as shown on approved drawing NKL-0100-00-00-DR-A-07100-P1 (829my GIA) shall not be occupied until a travel plan 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 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 policies of the development plan in particular policy CT1 of the Consolidated Local Plan.

14)

Travel Plan (Youth Centre) - Details reserved The Youth Centre hereby approved as shown on approved drawing NKL-0100-00-01-DR-A-07101-P1 (372my GIA) shall not be occupied until a travel plan 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 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 policies of the development plan in particular policy CT1 of the Consolidated Local Plan.

15)

Refuse and recycling The development shall not be occupied until all 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 Consolidated Local Plan.

16)

Delivery and Servicing Management Plan The development shall not be occupied until a final Delivery and Servicing Plan shall be submitted to and approved by the local planning authority in writing.
Reason - To ensure the safe and sustainable movement of traffic on neighbouring highways, in accordance with policies of the development plan in particular policy CT1 of the Consolidated Local Plan.

17)

Materials (Main building excluding MUGA) - Samples of facing materials Construction of the superstructure shall not be commenced until samples of all facing materials (including samples of mortar, and samples of any glazing and window / door frames) of the main building (excluding the MUGA) have been provided on site and approved in writing by the local planning authority.
Reason - In order to safeguard the design quality of the development and the character and appearance of the area in accordance with policy CL1, CL2 and CL3 of the Consolidated Local Plan.

18)

On-site sample panel (Main building) Construction of the superstructure shall not be commenced until (a) sample panel(s) of the facing brickwork as approved under condition 17 showing the proposed facebond(s) and pointing has/have been provided on site and approved in writing by the local planning authority, and the sample panel(s) shall be retained on site until the work is completed in accordance with the panel(s) so approved.
Reason - In order to safeguard the design quality of the development and the character and appearance of the area in accordance with policy CL1, CL2 and CL3 of the Consolidated Local Plan.

19)

Detailed drawings (Main building) - Windows and doors Construction of the superstructure shall not be commenced until detailed drawings of all windows and doors of the main building have been submitted to and approved in writing by the local planning authority.
Reason - In order to safeguard the design quality of the development and the character and appearance of the area in accordance with policy CL1, CL2 and CL3 of the Consolidated Local Plan.

20)

Materials and detailed drawings (MUGA) Construction of the superstructure shall not be commenced until detailed drawings and samples of the MUGA cladding have been provided on site and approved in writing by the local planning authority. This shall include details of the perforation percentage and angle of 'folding' of the cladding.
Reason - In order to safeguard the design quality of the development and the character and appearance of the area in accordance with policy CL1, CL2 and CL3 of the Consolidated Local Plan.

21)

Detailed drawings (Roof level) Construction of the superstructure shall not be commenced until detailed drawings (including building sections) of all roof level equipment including solar panels, lift overruns, extract flues, and blue/brown roof details have been submitted to and approved in writing by the local planning authority.
Reason - In order to safeguard the design quality of the development and the character and appearance of the area in accordance with policy CL1, CL2 and CL3 of the Consolidated Local Plan, and to ensure the provision of the SuDS to reduce flood risk and to contribute to sustainability in accordance with policy CE2 of the Consolidated Local Plan.

22)

Materials (Cycle and refuse store) Construction of the cycle and refuse store shall not be commenced until samples of all facing materials (including mortar samples) of the cycle and refuse store have been submitted to and approved in writing by the local planning authority.
Reason - In order to safeguard the design quality of the development and the character and appearance of the area in accordance with policy CL1, CL2 and CL3 of the Consolidated Local Plan.

23)

On-site sample panel (Cycle and refuse store) Construction of the cycle and refuse store shall not be commenced until a sample panel of the facing brickwork as approved under condition 22 showing the proposed facebond and pointing has been provided on site and approved in writing by the local planning authority, and the sample panel shall be retained on site until the work is completed in accordance with the panel so approved.
Reason - In order to safeguard the design quality of the development and the character and appearance of the area in accordance with policy CL1, CL2 and CL3 of the Consolidated Local Plan.

24)

Materials and detailed drawings (Gates and fences) The relevant part of the development shall not be commenced until sample materials and detailed drawings of all gates and fences including any signage attached to the gates and fences have been submitted to and approved in writing by the local planning authority.
Reason - In order to safeguard the design quality of the development and the character and appearance of the area in accordance with policy CL1, CL2 and CL3 of the Consolidated Local Plan.

25)

Hours of illumination (MUGA) The MUGA shall only be illuminated between 8am - 10pm from Monday to Friday and between 11am - 6pm on weekends and public holidays.
Reason - To accord with policies CE4 and CL5 of the Consolidated Local Plan as illumination outside these hours would be unduly obtrusive and would be detrimental to the amenity and biodiversity of the area.

26)

Compliance with lighting scheme (MUGA) The approved development shall comply with the lighting scheme (MUGA Lighting RBKC North Kensington Library, document reference LCY09955/ WED10505, Revision P01, dated 11 January 2017, prepared by Hurley Palmer Flatt).
Reason - To accord with policies CE4 and CL5 of the Consolidated Local Plan as illumination beyond that specified in the report would be unduly obtrusive and would be detrimental to the amenity and biodiversity of the area.

27)

BREEAM Rating The development shall achieve a minimum BREEAM rating of 'very good', and none of the floorspace shall be occupied until a Post Construction Review Certificate has been issued for it certifying that a minimum 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.

28)

Hours of operation (MUGA) The MUGA shown on approved drawing NKL-0100-00-03-DR-A-07103-P1 shall only be used between 9am - 10pm from Monday to Friday and between 11am - 6pm on weekends and public holidays.
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.

29)

Hours of operation (Library) The Library shown on approved drawing NKL-0100-00-00-DR-A-07100-P1 shall only be used between 9am - 10.15pm from Monday to Friday, between 9am - 10pm on Saturdays and between 9am - 5pm on Sundays and public holidays.
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.

30)

Hours of operation (Youth Centre) The Youth Centre shown on approved drawing NKL-0100-00-01-DR-A-07101-P1 shall only be used between 9am - 10.15pm from Monday to Friday, between 10am - 10pm on Saturdays and between 11am - 5pm on Sundays and public holidays.
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.

31)

Hours of operation (Educational Use) The Educational Use areas shown on approved drawings NKL-0100-00-01-DR-A-07101-P1, NKL-0100-00-02-DR-A-07102-P1 and NKL-0100-00-03-DR-A-07103-P1 shall only be used between 7am - 10.15pm from Monday to Friday and between 9am - 5pm on weekends and public holidays.
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.

32)

Noise from building services plant and vents Noise emitted by all building services plant, plant room intake, extract, louvre or vent shall not exceed a level 10dBA below the existing lowest LA90(15min) 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.

33)

Noise from the MUGA Noise emitted from the MUGA shall not exceed the noise levels set out in the Section 6 of the Noise and Vibration Impact Assessment Report (document reference AS8689.161121.R2, prepared by Clarke Saunders, dated 22 November 2016).
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.

34)

Odours from extraction equipment Fumes or odours expelled from any flue serving a stove, oven or other cooking device shall not be detectable at the property boundary. If at any time the extraction plant is determined by the local planning authority to be failing to comply with this condition, it (or the source device) shall be switched off 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.

35)

Contamination - Preliminary Risk Assessment Report No development shall commence until a Preliminary Risk Assessment Report comprising: a desktop study which identifies all current and previous uses at the site and surrounding area as well as the potential contaminants associated with those uses; information from site inspection; a conceptual model indicating potential pollutant linkages between sources, pathways and receptors, including those in the surrounding area and those planned at the site; and a qualitative risk assessment of any potentially unacceptable risks arising from the identified pollutant linkages to human health, controlled waters and the wider environment including ecological receptors and building materials has been prepared in accordance with CLR 11: Model Procedures for the Management of Land Contamination (Defra 2004) or the current UK requirements for sampling and testing, and submitted to, and approved in writing by, the local planning authority.
Reason - To ensure any risks from land contamination are minimised, and comply with the NPPF and development plan policies, in particular policy CE7 of the 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.

36)

Contamination - Site Investigation Scheme No development shall commence until a Site Investigation Scheme has been prepared (if required) in accordance with CLR 11: Model Procedures for the Management of Land Contamination (Defra 2004) or the current UK requirements for sampling and testing, and has been submitted to, and approved in writing by, the local planning authority.
Reason - To ensure any risks from land contamination are minimised, and comply with the NPPF and development plan policies, in particular policy CE7 of the Consolidated Local Plan. (You are advised that the Scheme must be based upon and target the risks identified in the approved preliminary risk assessment and shall provide provisions for, where relevant, the sampling of soil, soil vapour, ground gas, surface and groundwater, and will be a matter of public record). 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.

37)

Contamination - Site Investigation and Quantitative Risk Assessment No development shall commence (save for demolition) until a site investigation (if required) has been undertaken in compliance with the approved Site Investigation Scheme and a Quantitative Risk Assessment Report (if required) has been submitted to, and approved in writing by, the local planning authority.
Reason - To ensure any risks from land contamination are minimised, and comply with the NPPF and development plan policies, in particular policy CE7 of the Consolidated Local Plan, and to accord with CLR 11: Model Procedures for the Management of Land Contamination (Defra 2004) or the current UK requirements for sampling and testing). It is necessary for the condition to be on the basis that 'No development shall commence until' as compliance with the requirements of the condition at a later time would result in unacceptable harm contrary to the policies of the Development Plan.

38)

Contamination - Remediation Method Statement No development shall commence (save for demolition) until a Remediation Method Statement (if required) to address the results of the Site Investigation Scheme has been submitted to, and approved in writing by, the local planning authority.
Reason - To ensure any risks from land contamination are minimised, and comply with the NPPF and development plan policies, in particular policy CE7 of the Consolidated Local Plan and accord with CLR 11: Model Procedures for the Management of Land Contamination (Defra 2004) or the current UK requirements for sampling and testing.

39)

Contamination - Verification Report No development shall commence (save for demolition) until the approved Remediation Method Statement (if required) has been carried out in full and a Verification Report (if required) confirming: completion of these works; details of the remediation works carried out; results of any verification sampling, testing or monitoring including the analysis of any imported soil; classification of waste, its treatment, movement and disposal; and the validation of gas membrane placement. has been submitted to, and approved in writing, by the local planning authority.
Reason - To ensure any risks from land contamination are minimised, and comply with the NPPF and development plan policies, in particular policy CE7 of the Consolidated Local Plan.

40)

Contamination - Unexpected If during development, contamination not previously identified is found to be present at the site, development work shall cease and not be recommenced until a report indicating the nature of the contamination and how it is to be dealt with has been submitted to, and approved in writing by, the local planning authority.ÿThe approved measures shall be implemented in full.
Reason - To ensure any risks from land contamination are minimised, and comply with the NPPF and development plan policies, in particular policy CE7 of the Consolidated Local Plan, and to accord withÿCLR 11: Model Procedures for the Management of Land Contamination (Defra 2004) or the current UK requirements for sampling and testing).

41)

Archaeology - Compliance with Written Scheme of Investigation The development shall take place only in accordance with the details as set out in the submitted written scheme of investigation (An Archaeological Written Scheme of Investigation, prepared by Pre-Construct Archaeology Limited, dated December 2016).
Reason - To safeguard the archaeological heritage of the Borough in accordance with policy CL4 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.

42)

Archaeology - Stage 2 Written Scheme of Investigation If heritage assets of archaeological interest are identified by the works undertaken under the stage 1 Written Scheme of Investigation (An Archaeological Written Scheme of Investigation, prepared by Pre-Construct Archaeology Limited, dated December 2016), then for those parts of the site which have archaeological interest, a stage 2 Written Scheme of Investigation (WSI) shall be submitted to and approved by the local planning authority in writing. For land that is included within the stage 2 WSI, no development shall take place other than in accordance with the agreed stage 2 WSI which shall include: A. The statement of significance and research objectives, 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 stage 2 WSI.
Reason - To safeguard the archaeological heritage of the Borough in accordance with policy CL4 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.

43)

Sustainable Urban Drainage System (SuDS) During construction of the development hereby permitted, the measures included in the Sustainable Urban Drainage System (SuDS) (Flood Risk Assessment and SuDS Strategy (report reference NKL-0200-00-ZZ-RP-S-00100, prepared by Taylor Whalley Spyra, dated 8 December 2016) shall be fully implemented and maintained thereafter.
Reason - To reduce flood risk and to contribute to sustainability in accordance with policy CE2 of the Consolidated Local Plan.

44)

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

45)

Trees and landscaping (Open spaces excluding the embankment) - Details required Prior to occupation, a scheme of hard and soft landscaping, including proposed trees, shrubs and paths, details of the front bench, and samples / details of external surfacing materials for the open spaces excluding the embankment as shown in blue on approved drawing NKL-0100-00-ZZ-DR-A-07011-P1 have been submitted to and approved in writing by the local planning authority. The landscaping shall be in place prior to occupation and shall be maintained in accordance with the details so approved.
Reason - To protect the appearance and amenity of the area and to accord with policies of the development plan, in particular policy and CR6 of the Consolidated Local Plan, and to ensure the development provides the maximum possible provision towards creation of habitats and valuable areas for biodiversity in accordance with policy CE4 of the Consolidated Local Plan.

46)

Trees and landscaping (Embankment) - Details required Prior to occupation, a scheme of soft landscaping, including proposed trees, shrubs and paths, the type, number and location of bird and bat boxes, for the embankment as shown in red on approved drawing NKL-0100-00-ZZ-DR-A-07011-P1 has been submitted to and approved in writing by the local planning authority. The landscaping shall be in place prior to occupation and shall be maintained in accordance with the details so approved.
Reason - To protect the appearance and amenity of the area and to accord with policies of the development plan, in particular policy CR6 of the Consolidated Local Plan, and to ensure the development provides the maximum possible provision towards creation of habitats and valuable areas for biodiversity in accordance with Policy CE4 of the Consolidated Local Plan.

47)

Planting and replanting Any trees or shrubs as shown in the approved landscaping schemes under conditions 45 and 46 which, within a period of five years from the first planting and seeding season, are removed, or become seriously damaged or diseased, shall be replaced in the next planting season with others of similar size and species.
Reason - To protect the appearance and amenity of the area and to accord with policies of the development plan, in particular policy CR6 of the Consolidated Local Plan, and to ensure the development provides the maximum possible provision towards creation of habitats and valuable areas for biodiversity in accordance with Policy CE4 of the Consolidated Local Plan.

48)

Bird nesting period No development shall take place during the main bird nesting period of 1st March to 31st August inclusive, unless a scheme to minimise the impact on nesting birds during demolition and construction has been submitted to and approved in writing by the local planning authority. Any works shall be carried out in accordance with the minimisation measured agreed and retained as such thereafter.
Reason - To ensure that the development will not result in a net loss of biodiversity in accordance with policy CE4 of the Consolidated Local Plan 2015.

49)

Stag beetle loggeries Prior to coppicing any trees on the embankment, cop picked materials shall be maintained on site in the form of log piles and purposely built stag beetle loggeries. The loggeries shall be maintained until completion of the approved landscaping scheme under condition 46.
Reason - To ensure the development provides the maximum possible provision towards creation of habitats and valuable areas for biodiversity in accordance with Policy CE4 of the Consolidated Local Plan.

50)

Educational Floorspace The educational floorspace shall not be used by a use including children outside the age range 11-16 unless a traffic and access management plan has first been submitted to and approved in writing by the Local Planning Authority.ÿ At all times children outside the age range 11-16 are part of a use using the educational floorspace, that use shall operate only in accordance with the approved traffic and access management plan.
Reason: To ensure the safe and sustainable movement of traffic on neighbouring highways, in accordance with policies of the development plan, in particular policy CT1 of the 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)

Further Advice Regarding Trees
Your attention is drawn to BS5837 `Trees in relation to Design, demolition and construction - Recommendations' and the content within the Council's own `Trees and Development' Supplementary Planning Document which can be viewed at: Trees SPD

4)

Statutory Protection for Bats
It is possible that bat roosts may exist within the application site. Bats are a statutorily protected species, and it is the developer's responsibility to ensure that requirements relating to the protection of bats and their roosts are fully complied with. 11 species of bat and their breeding sites or resting places (roosts) are protected under Regulation 41 of the Conservation of Habitats and Species Regulations 2010 and Section 9 of the Wildlife and Countryside Act 1981. It is an offence for anyone intentionally to kill, injure or handle a bat, disturb a roosting bat, or damage, destroy or obstruct access to any place used by bats for shelter, whether they are present or not, or whether planning permission exists or not. Further advice regarding bats and the planning process can be found at the Natural England website and at the Bats Conservation Trust. Any planting or landscape scheme should consider bats, in terms of providing canopy cover and choosing species that are nectar rich, night scented to attract insects providing additional foraging resource for bats.

5)

Archaeology (to accompany condition)
The Council wishes to ensure that significant archaeological remains on this site are preserved "in situ". Particular attention should be paid to the design of foundations, new groundworks including piling, underpinning, new slab levels and slab construction, lift pits and service trenches. You are advised to consult the Building Control dept. of the Council to ensure that the requirements of the Building Regulations are also met.

6)

Warning of Damage to Arch. Remains
The development of this site may damage archaeological remains unless great care is taken, and archaeological works must be carried out in accordance with the terms of the planning permission and its conditions. You are advised to consult the Archaeological Officers of English Heritage 020-7793-3730 to discuss the works required.

7)

Archaeological Watching Brief
The Council wishes to ensure that adequate arrangements are made to allow an archaeological "Watching Brief" to take place during all new foundations, below ground works and excavation phases of the development. The purpose of the "Watching Brief" is to ensure that any agreed design measures to preserve the archaeological remains "in situ" are correctly implemented on site and to allow investigation and recording of any archaeological evidence that might be revealed in areas not covered by preservation measures.

8)

Construction Management - Highways Act
You are reminded that, if not properly managed, construction works can lead to significant negative impacts on the local environment, reducing residential amenity and the safe function of the highway. No vehicles associated with the building operations on the development site shall be parked on the public highway so as to cause an obstruction. Any such wilful obstruction is an offence under Section 137 of the Highways Act 1980. The Council can prosecute developers and their contractors if work is not managed properly. For advice on how to manage construction works in the Royal Borough please see Advice for Builders on the Council's website; from this page you will also find guidance on what to include in Construction Traffic Management Plans (where these are required) which are very valuable instruments in limiting the impact of large scale building work.

9)

Access Standards for Disabled People
Your attention is drawn to BS 8300: 2001 `Design of Buildings and their Approaches to meet the Needs of Disabled People' (Second edition, Feb 2009) regarding the design of buildings and their approaches to meet the needs of disabled people. This Code of Practice provides detailed guidance on good practice in the design of both residential and non-residential buildings.

10)

Guidance on Access for Disabled People
Guidance regarding suitable design measures to address the needs of disbled people at facilities can be found at Further Guidance - Access Design Guidance Notes

11)

Construction Regulations 2007
You are reminded of the need to observe the Construction (Design and Management) Regulations 2007 which govern health and safety through all stages of many construction projects. Further information is available from the Health and Safety Executive at Health and Safety Executive - 2007 Construction Regulations

12)

Demolition - Building Act 1984
You are required to give formal notice under Section 80 of the Building Act 1984 to the building control department that you intend to demolish the whole or part of a building. Such work should not commence until 6 weeks have elapsed or you have received a notice under Section 81 from the Council.

13)

Demolition - Control of Pollution Act
Your attention is drawn to the British Standards Code of Practice for Demolition, the Control of Pollution Act 1974, the Environmental Protection Act 1990 relating to nuisances, and BS 5528: Parts 1 and 2, 2009, relating to Noise and Vibration Control on Construction and Open Sites, the observation of which should considerably reduce the risks and nuisance inherent in demolition work (particularly in relation to fire hazards arising from the practice of burning materials on site) both to operatives on site and to the general public. The Council may impose appropriate controls over the construction methods, noise screening, and protection of site, noise, or hours of work and routing of construction traffic. You are advised to consult the Director of Environmental Health, Council Offices, 37 Pembroke Road, W8 6PW at an early stage.

14)

Working Hours on Building Sites
Construction and demolition work is controlled by the Council under sections 60 and 61 of the Control of Pollution Act 1974. The Council has adopted a Code of Construction Practice which sets out best practice standards expected in the borough and applies to new development projects from April 2016. Under the terms of the Code, works heard at the boundary of the site are restricted to: Monday to Friday 8am - 6pm Saturday, Sunday and public holidays - none permitted The code also introduces a further set of restricted hours for high impact activities such as demolition and concrete breaking. Undertaking noisy works outside of the Code hours may be liable for prosecution and a fine of up to o5000 where a notice has been served under the Control of Pollution Act 1974.

15)

S.61 of Control of Pollution Act 1974
Your attention is drawn to Section 61 of the Control of Pollution Act 1974, which allows developers and their building contractors to apply for `prior consent' for noise generating activities during building works. This proactive approach involves assessment of construction working methods to be used and prediction of likely construction noise levels at sensitive positions, with the aim of managing the generation of construction noise using the `best practicable means' available. You are advised to engage an acoustic consultant experienced in construction noise and vibration assessment and prediction to complete your s.61 application.ÿRelevant information can be found here S.61 Control of Pollution Act 1974

16)

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

17)

Soil Sampling - 1991 Regulations
You are reminded of the requirements of the Environmental Protection (Duty of Care) Regulations 1991 regarding the responsibility of the developer to manage waste safely and avoid harm to human health or the environment. All soil/spoil materials to be exported off-site must be subject to appropriate waste classification assessment including waste acceptance criteria testing where necessary, and disposed of at an appropriately licensed facility.

18)

Policies of Particular Relevance
You are advised that this application was determined by the Local Planning authority with regard to Development Plan policies including relevant policies contained within the London Plan 2015 (Consolidated with Alterations since 2011); the Consolidated Local Plan 2015 and the 'Saved' policies of the Unitary Development Plan adopted 25 May 2002.

19)

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

20)

Unique text
The development should not be commenced until detailed design and method statements (in consultation with London Underground) for all of the foundations, basement and ground floor structures, or for any other structures below ground level, including piling (temporary and permanent), have been submitted to and agreed with London Underground Infrastructure Protection which: provide details on all structures Where proposed works are adjacent, under or on LU property, Method Statements and Design for these shall be reviewed and accepted by LU Engineer prior to commencement of works on site. LU will grant licence for access and works on LU Property as necessary accommodate the location of the existing London Underground structures and tunnels accommodate ground movement arising from the construction thereof and mitigate the effects of noise and vibration arising from the adjoining operations within the structures and tunnels. The development should thereafter be carried out in all respects in accordance with the 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 and 'Land for Industry and Transport' Supplementary Planning Guidance 2012

21)

Unique text
If during demolition and excavation groundwater is found and the developer proposes to discharge groundwater to a public sewer, prior approval from Thames Water Developer Services will be required. Any discharge made without a permit is deemed illegal and may result in prosecution under the provisions of the Water Industry Act 1991.

22)

Advertisement Consent May Be Required
Any Advertisements to be erected at the premises may require consent under the Control of Advertisement Regulations 2007. You are advised to consult the Directorate of Planning and Borough Development.

23)

GTD/Pre-app/At submission Est.G/No amend
To assist applicants in finding solutions to problems arising in relation to their development proposals the Local Planning Authority has produced planning policies, and provided written guidance, all of which are available on the Council's website. A pre-application advice service is also offered. The scheme was submitted in accordance with advice provided through pre-application discussions.

Committee details

Decision by: This case is currently due to be decided by the Planning Committee.
Date:30 Mar 2017
Time:18:30
Venue:The Small Hall
Report item number:STR6

Appeal details

This case has not been appealed.

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

Planning case officer: Lara Peter
Planning team: Strategic Developments Team
Email: [email protected]
Telephone: 020 7361 3012

Comment on this application

The consultation period for this application has ended.

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