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Property details

Case reference: PP/15/05229
Address: 122A Cheyne Walk, LONDON, SW10 0ES
Ward:
Polling district:
Listed Building Grade: N/A
Conservation area: Cheyne

Applicant details

Applicant's name: Adams
Applicant company name: Feilden Clegg Bradley Studios
Contact address: Twenty Tottenham Street LONDON W1T 4RF

Proposal details

Application type: PP (Planning permission)
Proposed development Variation of condition 8b (landscaping scheme) of planning permission PP/13/02827 to amend wording to omit reference to permeable paving.
Date received: 18 Aug 2015
Registration date:
(Statutory start date)
19 Aug 2015
Public consultation ends: 18 Sep 2015
Application status: Decided
Target date for decision: 14 Oct 2015

Decision details

This case has not yet been decided.

Decision: Grant Planning Permission/Consent
Decision date: 13 Oct 2015
Conditions and reasons:

1)

The development hereby permitted shall be begun before the expiration of three years from 14/08/2013, the date on which planning permission PP/13/02827 was granted.
Reason - As required by Section 91 of the Town and Country Planning Act 1990, to avoid the accumulation of unexercised Planning Permissions. (R001)

2)

The development hereby permitted shall not be carried out except in complete accordance with the details shown on submitted plans, (C068)
Reason - The details are considered to be material to the acceptability of the proposals, and for safeguarding the amenity of the area. (R068)

3)

Accord with Approved Details The works shall be implemented in accordance with the details approved in relation to the following conditions and shall be so maintained: (a) the materials to be used on the external faces of the building, with samples including a sample panel of brickwork - Photo of brick sample panel and window framing received at Council 11/6/14. Materials scheduled as : TBS Mystique brick Natural lime mortar White pre-cast concrete coping Polyester Powder Coated Aluminium window frames - RAL 9006 (white aluminium) Polyester Powder Coated Aluminium louvres - RAL 9006 (white aluminium) Galvanised steel metalwork Clear and sandblasted glass Approved 25 June 2014 under reference CON/14/02280. (b) the design and external appearance of the gates, louvres, window frames, entrance door and means of enclosure of the first floor terrace - 1676/A: /106 Rev: T3, /107 Rev: T3, /109 Rev: T3, /116 Rev: T3, /120 Rev: T3, /121 Rev: T3, /123 Rev: T3, /202 Rev: T3, /212 Rev: T3, /506 Rev: T3, /507 Rev: T3. 1676/C: /100 Rev: T3, /101 Rev: T3, 102 Rev: T3. 1676/L: /100 Rev: T4, /102 Rev:T3, /103 Rev: T3, /205 Rev: T3, /210 Rev: T3, /300 Rev: T3, /301 Rev:T4, /302 Rev: T3, /400 Rev: T4, /401 Rev: T4, /402 Rev: T3. 1676/P/051 Rev: P4. Approved 25 June 2014 under reference CON/14/02280 with the exception of the design of the gates which was approved under reference CON/15/03248 on 21 July 2015 for which the following drawing numbers were approved: P/051 P5, P/061 P1, P/090 P1, L/400 C4, A/502 C4. (c) cycle parking - P/051 Rev: P4 and Smile Bike Wall Anchor Details (d) the provision of bat roosting boxes/features Habibat Box 1 details and P076 P2 Section E-E (e) the green roofs; Green Roof Nature Wildflower Species, Bouder Xerio Flor XF118, Bouder Green Roof typical detail Conditions 3c, 3d and 3e were approved 25 June 2014 under reference CON/14/02280.
Reason - The particulars hereby reserved are considered to be material to the acceptability of the

4)

Restricting planning permission granted by GPDO - Removal of PD Rights No extensions, additions, insertion of windows, or external alterations shall be carried out to the premises in the absence of planning permission for such development.
Reason - Although such extensions, additions, or alterations would, in the absence of this condition, constitute development permitted under the provisions of Article 3, Schedule 2, Part 1, of the Town and Country Planning (General Permitted Development) Order 1995 (as amended) such development is precluded in this case because planning pemission was granted in respect of the approved drawings which relate to a specific scheme which is considered to presersve the character and appearance of the conservation area. NB This withdrawal of permitted development rights does not remove your right to apply to the local planning authority for planning permission for development precluded through this condition, and such an application would be treated on its merits. It would be prudent to use our pre-application Advice Service before submitting such an application.

5)

Trees - Lopping and Topping For the duration of all works associated with carrying out the development hereby permitted, no tree or part of a tree within the curtilage of the site 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 the amenities of the area.

6)

Noise from Plant Noise emitted by the building services plant hereby permitted, shall not increase the existing lowest LA90(15min) background noise level at any time when the plant is operating. The noise emitted shall be measured or predicted at 1.0m from the fa╪ade 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 manufacturers 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 and not used again until it is able to comply.
Reason - To protect the amenities of nearby occupiers.

7)

Anti-Vibration Mounts The plant shall be supported on adequate proprietary anti-vibration mounts as necessary to prevent the structural transmission of vibration and regenerated noise within adjacent or adjoining premises, and these shall be so maintained thereafter.
Reason - To protect the amenities of nearby occupiers.

8)

Accord with approved Landscaping Scheme The works shall be implemented according to the following approved details and so maintained: (a) landscaping and tree/shrub planting scheme approved under reference CON/15/02280 on 25 June 2014: SK 338 8A (trellis detail), 1676/051Rev: P3, 1676/L/102 Rev: T3 and 1676/L/103 Rev: T3.
Reason - To ensure the appearance of the development is satisfactory, and to safeguard the amenity of the area.

9)

Planting and Seeding All planting forming part of the approved details of landscaping, 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 and any trees or plants which, within a period of 5 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, unless the Local Planning Authority gives its written consent to any variation.
Reason - To protect the amenity of the area.

10)

Terrace Use Except as shown on the drawings hereby approved, the roof of the building hereby permitted shall not be used at any time as a terrace without a further planning permission.
Reason - To protect the privacy and amenity of neighbouring property.

11)

Privacy The windows on the southern elevation annotated P1 on drawing 1676/P/052 P1 shall be constructed using only obscured glazing. The glazing shall be so maintained and restricted to 100mm opening."
Reason - To safeguard the amenity of neighbouring property, and in particular to prevent overlooking.

12)

No mezzanine/first floor level No mezzanine/first floor level shall be installed within the living room without the prior permission in writing of the local planning authority.
Reason - To safeguard the amenity of neighbouring property, and in particular to prevent overlooking from the high level window in the western elevation.

13)

Accord with approved CTMP The development shall not be carried out except in accordance with the approved Construction Traffic Management Plan Version 9 by Mark Kirrane dated 10 April 2014.
Reason - To minimise the impact of construction works upon highway safety and nearby residents' enjoyment of their properties, in accordance with the Subterranean Development SPD and policies CT1, CL5 and CL7 of the Consolidated Local Plan.

14)

Qualified Engineer Mike Johnson MIstructE shall supervise the construction works throughout their duration as confirmed in writing on 11 June 2014 in respect of the approval of condition 14 under reference CON/14/02280 dated 25/06/2014. In the event that the appointed engineer ceases to perform that role for whatever reason before the construction works are completed those works will cease until a replacement chartered engineer of the afore-described qualification has been appointed to supervise their completion and their appointment confirmed in writing to the Local Planning Authority. At no time shall any construction work take place unless an engineer is at that time currently appointed and their ÿappointment has been notified to this Authority in accordance with this Condition.
Reason - The details are considered to be material to the acceptability of the proposal, and for safeguarding the amenity of neighbouring residential properties and to comply with the Subterranean Development SPD and policy CL7.

15)

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 the Subterranean Development SPD and 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.

16)

Contamination No development (except demolition) shall commence until an updated site investigation, and a satisfactory risk assessment have been undertaken, and submitted to and approved in writing by the Local Planning Authority relating the conditions found on site with appropriate standards.ÿ The risk assessment shall assess the degree and nature of any contamination identified in the site investigation and assess the risk posed by any contamination to human health, controlled waters and the wider environment. This must be conducted in accordance with DEFRA and the Environment Agency's 'Model Procedures for the Management of Land Contamination, CLR 11'. Development shall not commence until an appropriate Remediation strategy has been devised to deal with any contamination and risks identified in the revised site investigation and risk assessment report/s.ÿ The strategy must include all works to be undertaken, proposed remediation objectives and remediation criteria, timetable of works and site management procedures.ÿ This must be submitted to and approved in writing by the Local Planning Authority. The development shall not be occupied until an appropriate validation report has been submitted to and approved in writing by the Local Planning Authority.ÿ This must show that all contamination that presented a risk has been dealt with and that any imported topsoil for soft landscaped areas is suitable for use.ÿ
Reason - To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors. 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 poli

17)

Submission of details Detailed drawings, in respect of the following, shall be submitted to and approved in writing by the local planning authority before the relevant part of the work is begun, and the works shall not be carried out other than in accordance with the details so approved and shall thereafter be so maintained: a) drawings at a scale of 1:10 which detail the mechanism of the proposed restrictors to the obscure glazed first floor windows to ensure that they do not open more than 100mm. b) elevation drawings of the approved obscure glazed first floor windows at a scale of 1;25 detailing the location of the proposed restrictors.
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.

18)

Sustainable Drainage System (SUDS) During construction of the development hereby permitted the submitted Sustainable Urban Drainage System (SUDS) 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.

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 no 11 in respect of contamination imposes 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)

GTD/No pre-app/Est.Guid/No amend reqd
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, and which has been followed in this instance.

Committee details

Decision by: This case is currently due to be decided under delegated powers.

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: Stephanie Malik
Planning team: South
Email: [email protected]
Telephone: 020 7361 3012

Comment on this application

The consultation period for this application has ended.

Documents related to case PP/15/05229