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Property details

Case reference: PP/20/05566
Address: Sutton Dwellings, William Sutton Estate, LONDON, SW3
Ward: Stanley
Polling district: 18
Listed Building Grade: N/A
Conservation area: Chelsea

Applicant details

Applicant's name: Clarion Housing Association Limited
Applicant company name: Savills
Contact address: 33 Margaret Street London W1G 0JD

Proposal details

Application type: PP (Planning permission)
Proposed development Refurbishment of Blocks A, B, C and D, including existing 159 vacant Social Rent homes, involving alterations to layouts to accommodate lifts, sprinklers and provision of a total of 81 Social Rent/London Affordable Rent homes; amendments to the exterior of the blocks including balconies and alterations to fenestration; removal of some chimney stacks; demolition of existing Estate Office and replacement with a new Estate Office with green roof, landscaping and open space, car and cycle parking and bin storage and associated works (Major Application)
Date received: 12 Oct 2020
Registration date:
(Statutory start date)
06 Nov 2020
Public consultation ends: 11 Dec 2020
Application status: Decided
Target date for decision: 05 Feb 2021

Decision details

This case has not yet been decided.

Decision: Granted subject to legal agreement
Decision date: 19 Jan 2022
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)

Submission of details (Full PP) Notwithstanding condition 2, prior to commencement of the relevant works full particulars of the following shall be 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: Detailed drawings, including sectional drawings, and physical samples to be provided on site, of all external door and window openings (including reveals, cills, lintels and any canopies) at a scale of 1:20; Detailed drawings of any external plant equipment and any associated enclosure including any physical samples to be provided on site Detailed drawings of all external terraces/balconies and physical samples to be provided on site of railings/enclosure Drawings showing the location of any downpipes or ventilation flues
Reason - To preserve the character and appearance of the buildings and conservation area in accordance with policies of the development plan in particular policies CL1, CL2, CL3, and CL6 of the Local Plan 2019.

4)

Materials - To match existing Except as otherwise shown on the approved drawings in Condition 2, all work and work of making good shall be finished to match the existing exterior of the building(s) in respect of materials, colour, texture, profile and, in the case of brickwork, facebond and pointing, and shall be so maintained.
Reason - To preserve or enhance the appearance of the building and/or the character of the area in accordance with policies of the development plan in particular policies CL1, CL2, CL3 and CL6 of the Local Plan 2019.

5)

Pointing, re-pointing, and jointing The mortar mix shall match the original construction mortar of the building with regard to the grading of the aggregate, finish, and colour. The mortar must be lime based (NHL as per EN459) with no cement content. The pointing profile shall match the original profile on the building. If the original pointing no longer exists, details of the re-pointing profile should be submitted to and approved in writing by the local planning authority before any such re-pointing takes place.
Reason - To preserve or enhance the appearance of the building and/or the character of the Conservation Area in accordance with policies of the development plan in particular policies CL1, CL2 and CL3 of the Local Plan 2019.

6)

Roof Material - Natural slates The roof slope(s) of the building(s)/extension hereby permitted shall be clad in natural slates, and so maintained.
Reason - To preserve or enhance the appearance of the building and/or the character of the area, in accordance with policies of the development plan in particular policies CL1, CL2 and CL3 of the Local Plan 2019.

7)

Pipework - All elevations Except as shown on the approved drawings in Condition 2, no additional plumbing or pipes other than black rainwater pipes shall be fixed on the external faces of the building.
Reason - To preserve or enhance the appearance of the building and/or the character of the area, in accordance with policies of the development plan in particular policies CL1, CL2 and CL6 of the Local Plan 2019.

8)

Trees and landscaping - Details required Prior to commencing landscaping, final details of the landscaping scheme shall be submitted to and approved in writing by the Local Planning Authority, and shall include: all existing trees and shrubs to be retained in accordance with the approved drawings in Condition 2 all proposed trees and shrubs and their locations and species all surface materials including hard and soft landscaping any lighting proposed The development shall only be carried out and 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 Local Plan 2019.

9)

Protection of trees during construction - Details required No development shall commence until full particulars of the method(s) by which all existing trees on the site and adjacent land are to be protected during site preparation, demolition, construction, landscaping, and other operations on the site including erection of hoardings, site cabins, or other temporary structures, shall be submitted to and approved in writing by the local planning authority and the development shall be carried out only in accordance with the details so approved.
Reason - To ensure that the trees are adequately protected, to safeguard their contribution to theÿappearance and amenity of the area and accord with policies of the development plan, in particular policy CR6 of the Local Plan 2019. It is necessary for the condition to be on the basis that 'No development shall commence until' as compliance with the requirements of the condition at a later time would result in unacceptable harm contrary to the policies of the Local Plan 2019.

10)

Trees - lopping and topping For the duration of works the tree(s) existing on the site at the date of this permission shall be protected so as to prevent damage above and below ground, and no tree shall be lopped, topped, or felled, or root pruned, without the prior written approval of the local planning authority.
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 Local Plan 2019.

11)

Bird and Bat Boxes The building shall not be occupied until details of a scheme of 'artificial nesting opportunities' have been submitted to and approved in writing by the Local Planning Authority. These details shall incorporate bird and bat boxes. The details to be submitted to the Local Planning Authority for approval shall include a timetable for provision and shall be implemented in accordance with the approved timetable and thereafter retained in accordance with the approved details.
Reason - To ensure that satisfactory provision is made for 'artificial nesting opportunities' within the development in accordance with Policy 7.19 of the London Plan (2011) and Policy CE4 of the Local Plan 2019.

12)

Accessible and Adaptable Dwellings A minimum of 8 dwellings shall be designed and built to as far as practicable meet the requirement M4(3) wheelchair user dwellings contained within Part M volume 1 of the Building Regulations, as identified on the plans approved under condition 2 and thereafter maintained. The remaining 73 dwellings shall be designed and built to as far as practicable meet the requirement M4(2) accessible and adaptable dwellings contained within Part M volume 1 of the Building Regulations and thereafter maintained. Prior to occupation of any of Blocks A-D, details will be submitted to the Local Planning Authority outlining the extent to which compliance with M4(3) and M4(2) has been achieved and setting out detailed and reasoned justification if these requirements have not been achieved.
Reason - To ensure satisfactory provision for people with disabilities and meet the changing needs of households in accordance with development plan policies in particular policy CH2 of the Local Plan 2019.

13)

Construction Traffic Management Plan (CTMP) No development shall commence until a Construction Traffic Management Plan has been submitted to and approved in writing by the local planning authority. The statement should include: a) routeing of demolition, excavation and construction vehicles, including a response to existing or known projected major building works at other sites in the vicinity and local works in the highway; b) access arrangements to the site; c) the estimated number and type of vehicles per day/week; d) details of any vehicle holding area; e) details of the vehicle call up procedure; f) estimates for the number and type of parking suspensions that will be required; g) details of any diversion or other disruption to the public highway during preparation, demolition, excavation and construction work associated with the development; h) work programme and/or timescale for each phase of preparation, demolition, excavation and construction work associated with the development; i) details of measures to protect pedestrians and other highway users from construction activities on the highway; and j) where works cannot be contained wholly within the site a plan should be submitted showing the site layout on the highway including extent of hoarding, position of nearby trees in the highway or adjacent gardens, pedestrian routes, parking bay suspensions and remaining road width for vehicle movements. The development shall be carried out in accordance with the approved Construction Traffic Management Plan. A one page summary of the requirements of the approved CTMP shall be affixed to the frontage of the site for the duration of the works at a location where it can be read by members of the public.
Reason - To minimise the impact of construction works upon highway safety and nearby residents' enjoyment of their properties in accordance with the Basements SPD and policies CL7, CT1 and CL5 of the Local Plan 2019.ÿ It is necessary for the condition to be on the

14)

Details of Cycle Storage Prior to occupation of any part of Blocks A-D, details of bicycle storage facilities across the site to provide 170 cycle parking spaces split as follows shall be submitted to and approved in writing by the Local Planning Authority: 114 spaces to be provided for Blocks A-D (including 2 short stay spaces); 16 spaces located by the Sunken Garden for estate residents and visitors; and 40 spaces on 20 Sheffield Stands for estate residents and visitors. The details shall include the locations, types of storage, dimensions of spaces, and access arrangements. The development shall be carried out in accordance with the approved amended drawings and the cycle storage shown on the approved amended drawings shall be installed and ready for use prior to occupation of any of Blocks A, B, C or D.
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 Local Plan 2019 and the Transport and Streets SPD.

15)

Car Park Management Plan Prior to the first use of the revised car parking spaces, a Car Park Management Plan should be submitted to, and approved in writing by the local planning authority. This should include: confirmed position of car parking spaces and their dimensions including provision of 8 disabled parking spaces; the final allocation of car parking spaces between user groups (i.e. residents, servicing, pick-up/drop-off etc); location of the provision of 40% of car parking spaces with active vehicle electric charging points, with the remainder provided with a passive energy supply for future use; how proposed servicing/drop-off spaces will be managed to ensure appropriate use The development shall be carried out, and the car parking spaces subsequently managed, in accordance with the details approved.
Reason - To ensure a satisfactory management regime for the car park to ensure an acceptable impact and local traffic and parking and to comply with policy CT1 of the Local Plan 2019.

16)

Code of Construction Practice No development shall commence until: An Appendix A Checklist and Site Construction Management Plan (SCMP) for the development have both been submitted to, and approved in writing, by the Council's Construction Management Team, and then B) Copies of the approved Checklist and Plan, and their written approval, have been submitted to the local planning authority to be placed on the property record. The development shall be carried out in accordance with the Appendix A Checklist and SCMP so approved, or in accordance with a subsequent Checklist or SCMP as may be approved under this condition. Note - The Council's Construction Management Team work independently of the planning department. For further information regarding the Code and how the required details should be submitted to them, the Council's Construction Management Team can be contactedÿon email at:ÿ[email protected] or tel: 020 7361 3002
Reason - To mitigate the impact of construction work upon the levels of amenity that neighbouring occupiers should reasonably expect to enjoy, and to comply with the Basements and Transport and Streets SPDs and policies CL5, CT1, CE5 and CE6 of the Local Plan 2019. It is necessary for the condition to be on the basis that "No development shall commence until" as compliance with the requirements of the condition at a later time would result in unacceptable harm contrary to the policies of the Local Plan 2019.

17)

Energy Performance The development shall be constructed in accordance with the submitted Harley Haddow Energy Strategy Report Rev 1 dated 5 October 2020, demonstrating how the development will follow the hierarchy of energy efficiency, decentralised energy and renewable energy technologies with the aim to achieve 75% energy savings and 51% (SAP 12) / 73% (SAP 10) reduction in CO2 emissions beyond the baseline of Part L of the Building Regulations 2013 as outlined in the strategy. Prior to occupation of the development, evidence shall be submitted to the Local Planning Authority to demonstrate that the development has been carried out in accordance with the approved Energy Strategy unless otherwise agreed by the Local Planning Authority in writing.
Reason - To ensure that the development contributes to the attainment of sustainable development and to comply with policy CE1 of the Local Plan 2019.

18)

Water Efficiency The dwellings shall achieve compliance with the RIBA 2020 targets for water consumption including a potable water consumption level of no more than 105 l/p/d, and all dwellings shall be fitted with water meters
Reason - To ensure efficient use of water and minimise waste, in accordance with Policy 5.15 of the London Plan (2016).

19)

Sustainable Urban Drainage System (SuDS) Prior to commencement of the relevant part of the development, a SuDS strategy with the following information shall be submitted to and approved in writing by the Local Planning Authority: A detailed analysis of surface water run-off and explanation of how opportunities to maximise reductions in run-off rates will be taken on the site. Policy CE2g requires major development to achieve greenfield run-off rates including climate change in the calculations and factoring in all flows into the sewer system including groundwater, if these targets are not achieved the revised SuDS strategy should outline detailed justification for not meeting this requirement. Calculations should show the existing and proposed surface water run-off rates for the 1 in 1yr, 1 in 30yr, 1 in 100yr and 1 in 100 plus 40% CC yr events. Details for all of the final SuDS: their location, attenuation capacity, specification, structural integrity, construction, operation, access, and maintenance. More sustainable green SuDS should be favoured over attenuation tanks; Section/profile drawings of the SuDS if relevant (green roofs, blue roofs, sub-base attenuation, permeable paving, planters, species, etc.); and Drainage plans to show clearly how surface water run-off will be conveyed to the SuDS and any connections to the sewer system if necessary. Details of surface water management during construction and any exceedance routes if applicable. The approved SuDS shall be fully implemented prior to the development is occupied, made fully functional at all times, and maintained thereafter.
Reason - To reduce flood risk and to contribute to sustainability in accordance with Policy CE2g of the Local Plan 2019.

20)

Contamination - preliminary risk assessment report No demolition, external works to Blocks A-D, or approved landscaping works 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 Local Plan 2019.

21)

Contamination - Site Investigation Scheme No demolition, external works to Blocks A-D, or approved landscaping works shall commence until a Site Investigation Scheme 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 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 Local Plan 2019. (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).

22)

Contamination - Site investigation and quantitative risk assessment No demolition, external works to Blocks A-D, or approved landscaping works shall commence until a site investigation has been undertaken in compliance with the approved Site Investigation Scheme and, if the Approved Site Investigation Scheme shows the requirement for a Quantitative Risk Assessment Report, such a report 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 Local Plan 2019, 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).

23)

Contamination - Remediation method statement If the Approved Site Investigation Scheme demonstrates a requirement for a Remediation Method Statement to address the results of the Site Investigation Scheme, no demolition, external works to Blocks A-D, or approved landscaping works shall commence until such a report 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 Local Plan 2019 and accord with CLR 11: Model Procedures for the Management of Land Contamination (Defra 2004) or the current UK requirements for sampling and testing.

24)

Contamination - Verification report If a Remediation Method Statement is required by Condition 24, then no demolition, external works to Blocks A-D, or approved landscaping works shall commence until the approved Remediation Method Statement has been carried out in full and a Verification Report 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 Local Plan 2019.

25)

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 Local Plan 2019, and to accord withÿ CLR 11: Model Procedures for the Management of Land Contamination (Defra 2004) or the current UK requirements for sampling and testing).

26)

Contamination - Long term monitoring A Development shall not be commenced until a Long-term Monitoring Methodology Report has been submitted to and approved in writing by the local planning authority where further monitoring is required past the completion of development works to verify the success of the remediation undertaken. B Upon completion of any such approved monitoring work, a Verification Report demonstrating that no residual adverse risks exists shall then be submitted to and approved in writing by the local planning authority.
Reason - To ensure any long term risks from land contamination are minimised, to comply with the NPPF and development plan policies in particular policy CE7 of the Local Plan 2019.

27)

Construction Environmental Management Plan (CEMP) No development shall commence until a site specific Construction Environmental Management Plan (to also consider the demolition phase) 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
Reason - To comply with the requirements of the NPPF and policies CE3, CE5, CE6, and CL5 of the Local Plan 2019 in ensuring that effects upon air quality in the area are minimised and to accord with the Mayor of London's Best Practice Guidance 'Control of dust and emissions from construction and demolition'. It is necessary for the condition to be on the basis that 'No development shall commence until' as compliance with the requirements of the condition at a later time would result in unacceptable harm contrary to the policies of the Development Plan.

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)

Conditions - Precedent to Commencement
Conditions numbers 9, 13, 17 and 28 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 Place, 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 Place.

5)

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.

6)

Tree Protection in Conservation Areas
The site lies within a Conservation Area where the topping, lopping, felling or uprooting of most trees cannot be carried out without first giving the Local Planning Authority six weeks notice. Failure to comply with this statutory requirement may result in prosecution.

7)

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 2019. 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. If you are required to submit a Code of Construction Checklist and Site Construction Management Plan (SCMP), please contact the Construction Management Team on 020 7361 3002 or by email at [email protected]

8)

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

9)

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

10)

Unique text
In setting out their views on this application, Thames Water have outlined the following requirements that you must consider in due course. There are public sewers crossing or close to your development. If you're planning significant work near our sewers, it's important that you minimize the risk of damage. We'll need to check that your development doesn't limit repair or maintenance activities, or inhibit the services we provide in any other way. You are advised to read our guide working near or diverting our pipes. https://developers.thameswater.co.uk/Developing-a-large-site/Planning-your-development/Working-nearor-diverting-our-pipes. As you are redeveloping a site, there may be public sewers crossing or close to your development. If you discover a sewer, it's important that you minimize the risk of damage. We'll need to check that your development doesn't limit repair or maintenance activities, or inhibit the services we provide in any other way. You are advised to read our guide working near or diverting our pipes. https://developers.thameswater.co.uk/Developing-a-large-site/Planning-your-development/Working-nearor-diverting-our-pipes. If you are planning on using mains water for construction purposes, it's important you let Thames Water know before you start using it, to avoid potential fines for improper usage. More information and how to apply can be found online at thameswater.co.uk/buildingwater. 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. You should take account of this minimum pressure in the design of the proposed development. It is expected that surface water will infiltrate, if a connection to the Thames Water network is required it must be limited to 5l/s.

11)

Unique text
In the event that physical samples, as required by Condition 4, cannot be provided in person on-site due to restrictions on social distancing, it will be appropriate to submit detailed photographs of the physical samples on-site in context as part of an application to discharge the relevant part of the Condition.

12)

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:12 Jan 2021
Time:18:30
Report item number:STR1

Appeal details

This case has not been appealed.

Planning Inspectorate reference number:
Appeal received:
Appeal type:
Appeal procedure:
Appeal start date:
Deadline for comments to be received by the Planning Inspectorate:
Appeal decision:
Appeal decision date:

Contact details

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

Comment on this application

The consultation period for this application has ended.

Documents related to case PP/20/05566