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 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
3)
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.
4)
Party Wall Act 1996
You are reminded of your duties under the Party Wall Act 1996. This requires a building owner to notify and obtain formal agreement from adjoining property freeholders and leaseholders and anyone who has had an interest of 12 months or greater, where the building owner intends to carry out work which involves:
Work involving an existing shared wall with another property;
Building on the boundary with another property;
Excavating near a neighbouring building, and that work falls within the scope of the Act
Notice should be served on neighbours at least one month before commencement of building works. Section 12(1) of the Act provides for the developer to provide security for neighbours through insurance or a security bond.
Procedures under this Act are separate from the need for planning permission and for building regulations approval. Further guidance is available at: Party Wall Act 1996
5)
Unique text
The applicant is advised to review the CLC5 guidance (Testing for imported or reused soils and fills) on the Council's website (https://www.rbkc.gov.uk/environment/advice-builders/land-contamination) ÿfor soils/fills used inÿplanting/garden/paving areas.
The responsibility to properly address contaminated land issues, including safe development and secure occupancy, and irrespective of any involvement by the Royal Borough, lies with the owner/developer of the site.ÿ No contaminated land condition is recommended for this planning application as the chance of significant contamination being found with the potential to cause harm is considered to be low. ÿDespite this the owner or developer of the property may wish to consider contaminated land issues further before development work starts.
Based on this information, observations made during groundworks or as a precaution, the developer should consider whether measures should be taken to investigate or address possible contamination issues.ÿ This may, for example, involve undertaking a more detailed unexploded ordnance assessment, undertaking historical searches or investigation work or providing enhanced ground gas and vapour protection.ÿ The applicant/developer is requested to contact the Council's Contaminated Land Officer (Pollution Regulatory Team) (Tel: 020 761 3002 email: [email protected]) as soon as is practicable should contamination be encountered during the development of the site. Contamination will often be evident either visually or from odours. Visual evidence of contamination may include staining by oil/fuel, coloured liquids/soils uncharacteristic of soil or groundwater, or debris (e.g. asbestos) being present. Odours will usually be obvious and smell of fuels/solvents, be pleasant or unpleasant, or otherwise be uncharacteristic of soil or groundwater.
Where land contamination is found during the course of the development, we would recommend that an appropriate level of desk study research and investigation work is undertaken to identify and assess risks from land contamination. Guidance on land contamination planning issues is available from the Council's website.ÿÿ It is the responsibility of the developer to ensure that they comply with the requirements of Contaminated Land, Health & Safety, Waste Management, the Control of Asbestos and Environmental Damage Regulations.
6)
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.