Planning Search

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)

Materials - To match existing 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.

4)

Front Garden - Black painted railings The railings to the front garden hereby approved shall be painted black, 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, CL3 and CL6 of the of the Local Plan 2019.

5)

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

6)

Professional management of engineering works No development shall commence until (A) a Chartered Civil Engineer (MICE) or Chartered Structural Engineer (MI Struct.E)ÿhas been appointed for the duration of building works and their appointment confirmed in writing to the Local Planning Authority, and (B) the name, and contact details of the person supervising engineering and construction on site for the duration of building works have been confirmed in writing to the Local Planning Authority.ÿ In the event that either the Appointed Engineer or Appointed Supervisor cease to perform that role for whatever reason before the construction works are completed, those works shall cease until a replacement chartered engineer of the afore-described qualification or replacement supervisor 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 and supervisor are at that time currently appointed and their appointment 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 Basements SPD and policy CL7 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 Development Plan

7)

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 Basements SPD and policy CL5 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 Development Plan.

8)

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.

9)

Sustainable Urban 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 Local Plan 2019.

10)

Small-scale ground gas and vapour No development shall commence (other than demolition above ground level) until an appropriate ground gas and vapour investigation (GVI) [incorporating the results of environmental and historical searches] is undertaken and a ground gas and vapour assessment report (GVAR) [where necessary incorporating a Remediation Strategy (RS)], is submitted to, and approved in writing by, the local planning authority. No occupation or use of the development shall commence until the approved RS is implemented and a Verification Report (VR) is submitted to, and approved in writing by, the local planning authority. Any unexpected contamination shall be addressed in line with the Council's CLC3 guidance. Where physical remedial measures are implemented to protect end-users of the development they shall be maintained. The GVI, GVAR, RS and VR shall be addressed in line with the Council's contaminated land guidance for small-scale ground gas and vapour protection.
Reason - To ensure any risks from ground gas and vapours and other contamination are minimised, to comply with the NPPF and development plan policies and in particular contaminated land policies of the Local Plan.

11)

Soil Contamination No occupation or use of the development shall take place until a description and the results of chemical analysis for soils and/or fills used at the development site, demonstrating their suitableness for use, is submitted to, and approved in writing by, the local planning authority. Work shall be undertaken in line with the 'Soil contamination testing for imported or reused soils and fills' guidance.
Reason - To ensure any risks from soils and fills reused and imported on to the site are minimised and to comply with the NPPF and development plan policies and in particular contaminated land policies of the Local Plan.

1)

Enforcement of Conditions (PP)
Your attention is drawn to the Conditions of this Permission and to the Council's powers of enforcement, including the power to serve a Breach of Condition Notice under the Town and Country Planning Act 1990, as amended. All Conditions must be complied with. If you wish to seek to amend a Condition you should apply to do so under s.73 of the Act, explaining why you consider it is no longer necessary, or possible, to comply with a particular condition.

2)

Conditions - Precedent to Commencement
Conditions Nos. 5, 6, 7, 8 and 10 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)

Building Regs - Separate Approval
Separate approval for the works hereby granted permission/consent may be required by the Building Act 1984 and the Building Regulations 2018 (as amended), and the grant of planning permission does not imply that such approval will be given. The District Surveyor, Town Hall, Hornton Street, W8 7NX should be consulted before works commence.

5)

Unique text
The 'small-scale ground gas and vapour protection' condition has been attached to this decision notice as the development is more susceptible to ground gases (including radon) and vapours because, for example, it includes a basement or is close to a known or suspected source of ground gases and vapours. Reference must be made to the CLC3 guidance (https://www.rbkc.gov.uk/environment/land-contamination/land-contamination) produced by the Pollution Regulatory Team. Local information which should be obtained includes a search of the Pollution Regulatory Team's records (email [email protected]), freely available recent and historical planning information (https://www.rbkc.gov.uk/planning/searches/default.aspx) and potentially information available at the local studies library at Kensington Library (https://www.rbkc.gov.uk/libraries/local-studies-and-arch ives). Current UK Health Security Agency advice is that all basements should be regularly monitored for radon gas. We strongly recommend that a competent and appropriately qualified environmental professional undertakes or oversees all work. Please be aware that the responsibility to properly address contaminated land issues, including safe development and secure occupancy, and irrespective of any involvement by the Council lies with the owner/developer of the site.

6)

Unique text
The 'testing for imported or reused soils' condition has been attached to the decision notice to ensure soil (e.g. within planting areas and beneath turf) and fills (e.g. used as sub-base beneath areas of hardstanding or to make up levels) imported on to or reused at a development site, are suitable for their intended use and will not result in harm to people or planting. Reference must be made to the CLC5 guidance (https://www.rbkc.gov.uk/environment/land-contamination/land-contamination) produced by the Pollution Regulatory Team. We strongly recommend that a competent and appropriately qualified environmental professional undertakes or oversees all work. Please be aware that the responsibility to properly address contaminated land issues, including safe development and secure occupancy, and irrespective of any involvement by the Council lies with the owner/developer of the site.

7)

Unique text
UK Health Security Agency guidance recommends that the owner and/or occupier of buildings undertake radon monitoring in all occupied and used basement areas, regardless of geographical location or radon risk rating. If monitoring identifies radon levels above the target level of 100Bq/m3 within a dwelling, actions are recommended and we would ask that you inform the Council at [email protected] [email protected].

8)

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.