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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)

Hours of operation - Any day The use for all units shall not be carried out other than between 8am and 1am 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 Local Plan 2019.

4)

Prior to commencement of the development, details shall be submitted to and approved in writing by the Council, of the external sound level emitted from plant/ machinery/ equipment and mitigation measures as appropriate.ÿ The measures shall ensure that the external sound level emitted from plant, machinery/ equipment will be lower than the lowest existing background sound level by at least 10dBA for non-tonal plant and 15dBA where the plant is determined to contain distinctive tone or character, at noise sensitive locations within the lightwell, in order to prevent any adverse impact. The assessment shall be made in accordance with BS4142:2014 at the nearest and/or most affected noise sensitive premises, with all machinery operating together at maximum capacity. Approved details shall be implemented prior to occupation of the development and thereafter be permanently retained.
Reason: These details need careful consideration and formal approval to safeguard the amenity of neighbouring properties and to protect the general environment. The details are needed prior to the start of work so that measures can be incorporated into the build.

5)

Prior to commencement of the use of the caf, and restaurant premises, details shall be submitted to and approved in writing by the Council, of the installation, operation, and maintenance of the odour abatement equipment and extract system, including the height of the extract duct and vertical discharge outlet, in accordance with the 'EMAQ Control of odour and noise from kitchen extract exhaust systems, 2018. Approved details shall be implemented prior to the commencement of the use and thereafter be permanently retained. Details of the assessment and proposed mitigation measures will be in line with the requirements set out within the Ventilate , Extraction and Odour assessment report, dated 17th January 2024, submitted in support of this application.
Reason: These details need careful consideration and formal approval to safeguard the amenity of neighbouring properties and to protect the general environment. The details are needed prior to the start of work so that measures can be incorporated into the build.

6)

No Food Retail None of the units hereby approved shall at any time be used for food retail, such as supermarkets, where food is purchased to be consumed off the premises.
Reason - To prevent harm on the highway network through extensive deliveries.

7)

No music audible outside No music, musical instruments, or loudspeakers shall be played or used within the premises 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 Local Plan 2019.

8)

Restriction on use The three units that are the subject of this permission shall be used for retail use (Class E(a) or restaurant use (Class E(b) and for no other purpose (including any other purpose in Class E of the Schedule to the Town and Country Planning (Use Classes) Order 1987, or in any provision equivalent to that Class in any statutory instrument revoking and re-enacting that Order with or without modification).
Reason: To secure the vitality and viability of the King's Road shopping centre in accordance with Local Plan Policy CV15 and CF3

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)

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.

4)

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.

5)

Category 3 development
This development has been categorised as Category 3 for the purposes of the Council's Code of Construction Practice, so does not require a condition securing a Checklist or Site Construction Management Plan (SCMP). You are reminded that the Code still applies to building works at the site with regard to working hours and other site practices, and you are advised to review the Code to be aware of its objectives https://www.rbkc.gov.uk/environment/code-construction-practice