1)
Time Limit
The development hereby permitted shall be begun before the expiration of three years from the date of this permission.
Reason - As required by Section 91 of the Town and Country Planning Act 1990, to avoid the accumulation of unexercised Planning Permissions.
2)
Compliance with approved drawings
Except as required by conditions 23 and 26, 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)
Change of use (GPDO restriction)
The building approved under this permission shall not be used, at any time, for purposes other than within Class B1 of the Town and Country Planning (Use Classes) Order 1987 (as amended), with the exception of the approved Class A1/A3/A4 use at ground and first floor level.
Reason - The use of the building for purposes other than Class B1 would unacceptably harm the function and character of the Kensal Employment Zone, contrary to policies CP5 and CF5 of the Consolidated Local Plan.
4)
Restricting planning permission granted by GPDO - Removal of PD Rights
Notwithstanding any rights under Schedule 2 Part 16 of the Town and Country Planning (General Permitted Development) (England) Order 2015, except that which is shown on the approved plans, no further communications equipment shall be located at roof level without the express grant of planning permission.
Reason - Although such porposals would, in the absence of this condition, be permitted under the provisions of Schedule 2, Part 16, of the Town and Country Planning (General Permitted Development) Order 2015 the proposals are precluded to ensure that the proposals preserve the character and appearance of the conservation area.
5)
Boilers/Energy Plant
(a) Prior to installation details of the boilers and energy plant to be provided for space heating and domestic hot water shall be submitted to and agreed in writing by the Local Planning Authority. The boilers to be provided for space heating and domestic hot water shall not have dry NOx emissions exceeding 40 mg/kWh (at 0% O2). Where any installations do not meet this emissions standard it shall not be operated without the fitting of suitable NOx abatement equipment or technology as determined by a specialist to ensure comparable emissions.
(b) Following installation, the equipment shall not be operated until emissions certificates have been provided to the Local Planning Authority to verify boiler emissions.
Reason - To comply with Consolidated Local Plan policy CE5 and 7.14 (a) and (c) of the London Plan.
6)
Construction Environmental Management Plan
No development shall commence until a Construction Environmental Management Plan including:
a risk assessment based on the Mayor's Best Practice Guidance SPG (The Control of Dust and Emissions from Construction and Demolition)
a method statement for emissions control (including an inventory and timetable of dust generating activities, emission control methods and air quality monitoring)
appropriate mitigation measures to minimise dust and emissions incorporated into a site specific Air Quality Dust Management Plan/Demolition Method Statement
and has been submitted to and approved in writing by the Local Planning Authority.
Reason - To comply with the requirements of the NPPF, policy 7.14 (b) of the London Plan 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)
Non-Road Mobile Machinery (NRMM)
No development shall commence until details of all Non-Road Mobile Machinery (NRMM) to be used on the development site has been submitted to and approved in writing by the Local Planning Authority. 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 7.14 (a-c) of the London Plan and Consolidated Local Plan policy CE5.
8)
Mechanical Ventilation
Prior to installation details of the proposed mechanical ventilation system (including where air intakes would be located to avoid areas of NO2 or PM exceedance [Chimney/boiler flues and ventilation extracts must be positioned a suitable distance away from ventilation intakes, balconies, roof gardens, terraces and receptors to reduce exposure of occupants to acceptable levels]) shall be submitted to and approved in writing by the Local Planning Authority. The approved system shall be installed prior to first use of the development. The system shall thereafter be permanently retained and maintained in good working order. The maintenance and cleaning of the systems shall be undertaken regularly in accordance with manufacturer specifications.
Reason - To comply with Consolidated Local Plan policy CE5 and policy 7.14 (b) of the London Plan
9)
Contamination - preliminary risk assessment report
No development shall commence (save for demolition) 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.
10)
Contamination - Site Investigation Scheme
No development shall commence (save for demolition) 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 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.
11)
Contamination - Site investigation and quantitative risk assessment
No development shall commence (save for demolition) until a site investigation has been undertaken in compliance with the approved Site Investigation Scheme and a Quantitative Risk Assessment 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 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.
12)
Contamination - Remediation method statement
No development shall commence (save for demolition) until a Remediation Method Statement 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.
13)
Contamination - Verification report
No development shall commence (save for demolition) 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 Consolidated Local Plan.
14)
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.
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.
15)
Contamination - Long term monitoring
A The development shall not be occupied 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 Consolidated Local Plan.
16)
Sewer flooding
Prior to the first use of the basement once the development is complete, the basement shall be fitted with a positively pumped device designed to remove sewer water from the building, which shall be maintained and functional at all times.
Reason - To protect the building from sewer flooding, in accordance with policy CE2 of the Consolidated Local Plan.
17)
Sustainable Urban Drainage System (SuDS)
During construction of the development hereby permitted the submitted Sustainable Urban Drainage System (SuDS), to include at least 240 sqm of green roofs across the third floor, fifth floor and roof level of the building and a surface water attenuation tank with a capacity of 86.3 cubic metres located above the slab level in the basement level, 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.
18)
Low Nutrient Management Plan
No development shall commence (save for demolition) until details of a low nutrient method of managing the green roof is submitted to and approved in writing by the local planning authority and the plan shall be carried out with the details so approved.
Reason - To reduce the amount of nutrients going into the canal water, resulting in eutrophication and adding to aquatic weed issues.
19)
Trees and landscaping - Details required
The development shall not be occupied until a scheme of landscaping, to include all existing trees and shrubs and proposed trees shrubs and paths and their surfacing materials, (including detail of the wall to the back of the towpath) has been submitted to and approved in writing by the local planning authority, and the development shall only be carried out and maintained in accordance with the 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.
20)
Planting and replanting
All tree and shrub planting forming part of the plans and details approved through this planning permission shall be carried out in the first planting and seeding season following the first occupation of the development or the completion of the development whichever is the sooner. Any trees or shrubs which, within a period of five years from the first planting and seeding season referred to above, die, 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.
21)
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.
22)
Gates and Barriers
With the exception of details of gates/barriers as set out in condition 23 relating to the mews accessed from Adela Street, pedestrian gates or barriers within the remaining new public realm of the site are hereby not permitted.
Reason - To avoid obstruction to the public realm and ensure that public access throughout the site is maintained at all times.
23)
Submission of details
Notwithstanding condition 2, the following details shall be submitted to and approved in writing by the local planning authority before the relevant part of the works are begun, and the development shall not be completed otherwise than in accordance with the details so approved:
(a) Sample materials to be used on the external faces of the building including on-site sample panel(s) of facing brickwork showing the proposed colour, texture, facebond and pointing. The brickwork sample panel(s) shall be retained on site until the work is completed in accordance with the panel(s) so approved;
(b) Detailed drawings of typical punched-hole openings on each elevation (including lintel and cill)
(c) Detailed drawings of fins, infill panels and brise soleil
(d) Details of the finish (including glazed extension) to access towers
(e) Detailed drawings of balcony handrails and boundary treatment of terraces
(f) Details of plant enclosures, solar panels and fall-safe systems
(g) Details of green roof
(h) Gates to mews, servicing doors onto mews, and garage doors onto Adela Street
(i) Detailed drawings of main building entrance and cafe entrance
(j) Details of landscaping (including lighting) and public art
(k) Number and type of cycle parking and details of the visitor parking
(l) Details of the transparent privacy glazing, and privacy measures to the glazing on the southern elevation of the building nearest Adela Street
(m) Details of light emission limiting measures to the glazingon the southern elevation of the building nearest Adela Street
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
24)
Roof structures and appliances
No water tank, lift motor room, or other structure or appliance, other than those specifically identified on the approved drawings under condition 2, or screened by the building hereby approved, or approved under condition 26, shall be erected upon the roof of the building.
Reason - To preserve the character or appearance of the building and townscape, in accordance with policies of the development plan in particular policies CL1, CL2 and CL6 of the Consolidated Local Plan.
25)
Facade construction
No development (save for demolition) shall commence until a report outlining the full facade construction details, including glazing, with commensurate composite sound insulation performance predictions have been submitted to and approved in writing by the local planning authority, and shall be carried out in accordance with the details approved and shall be so maintained.
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. 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.
26)
Building services plant and attenuation measures
Prior to installation details of building services plant and associated attenuation measures demonstrating compliance with the Council's noise criteria shall be submitted to and approved in writing by the local planning authority, and, notwithstanding conditions 2 and 24, shall be installed in accordance with the details approved prior to the first use of the development and shall be so maintained.
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. 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.
27)
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.
28)
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.
29)
Hours of operation - Any day
The use of the Class A1/A3/A4 unit at ground floor level shall not be carried out other than between 0700 hours and 2300 hours, on any day.
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)
No music audible outside
No music, musical instruments, or loudspeakers shall be played or used within the cafe/bar at ground floor level as shown on drawing no. GA003 Rev PP4 forming the subject of this permission so as to be audible outside the premises.
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)
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.
32)
Use of roof as terrace precluded
The flat roofs of the building not indicated as "Terrace" on the approved drawings (i.e. at third and fifth floors and at main roof level forming the subject of this planning permission shall not be used at any time as a terrace.
Reason - To avoid overlooking and disturbance to neighbouring properties and so accord with policies of the development plan, in particular policy CL5 of the Consolidated Local Plan.
33)
Floodlighting
With the exception of public lighting as set out in condition 23, floodlighting shall not be installed to the general facades of the building beyond the shopfront levels at ground floor level.
Reason - To preserve the character and appearance of the area, and to prevent any significant disturbance to residents of nearby properties and comply with development plan policies, in particular policies CL1, CL2 and CL5 of the Consolidated Local Plan.
34)
Provide cycle storage prior to occupation
The development shall not be occupied until the cycle storage facilities indicated on the approved plans have been fully implemented and made available for immediate use. 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.
35)
Refuse and recycling
The development shall not be occupied until the 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.
36)
Delivering and Servicing Management Plan - Details required
Use of the development shall not be commenced until a detailed Delivery and Servicing Management Plan, showing the provision and position for loading and unloading of goods vehicles, and how deliveries would be co-ordinated, has been submitted to, and approved in writing by, the local planning authority. The approved plan shall be implemented at all times thereafter and shall be so maintained.
Reason - To ensure that the development does not lead to the obstruction of adjacent streets, in accordance with policies of the development plan in particular policy CT1 and CR7 of the Consolidated Local Plan.
37)
Travel Plan - Details reserved
The building hereby approved 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.
38)
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 development shall be carried out onyl in acordance with the approved Construction Traffic Management Plan unless an alternative Construction Management Plan has first been submitted to and approved in writing by the local planning authority. The Plan 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 nearb
39)
Waterborne Freight
No development shall commence until a waterborne freight plan assessing the potential for moving freight by water during the construction cycle (waste and bulk materials) and following occupation of the development (waste and recyclables), showing how waterborne transport is to be maximised, shall be submitted to and approved in writing by the local planning authority, and shall be carried out in accordance with the details so approved.
Reason - To maximise the use of waterborne transport during the construction and following occupation of the development in accordance with the London Plan unless the above assessment demonstrates that such use of the waterways is not physically or economically feasible.