1)
Time Limit
The development hereby permitted shall be begun before the expiration of three years from 26/09/2023, being the date of the original permission granted under ref. PP/22/05670.
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)
Maintaining subdivision of arches
The use of the eleven arches hereby permitted shall not at any time be used or occupied otherwise than in eleven separate units, each having a gross floorspace of not more than 77 sq. m.
Reason - To ensure that the accommodation meets the particular needs of the area and complies with the Local Plan 2019 policies CT1 and CL5
4)
Change of use (GPDO restriction)
The premises identified in this Permission shall not be used, at any time, for a for a creche, day nursery or day centre within Class E of the Town and Country Planning (Use Classes) Order 1987 (as amended).
Reason - Although such use would, in the absence of this condition, be permitted the use is precluded in this case because of the otherwise adverse impacts on the highway and on neighbouring living conditions contrary to policies CT1 and CL5 of the Local Plan and the Transport and Streets SPD.
5)
Delivery and Servicing Management Plan
The proposals shall be carried out only in accordance with the Delivery and Servicing Management Plan prepared by Transport for London dated 25/03/2022 (p. 30-32 of Design and Access Statement).
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 Local Plan.
6)
Cycle parking - details required
Notwithstanding the approved drawings, the permitted uses shall not commence until details of cycle parking have been submitted to, and approved in writing by, the local planning authority, and the approved cycle parking facilities have been fully implemented and made available for immediate use. The cycle parking 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 Local Plan 2019.
7)
Hours of operation - Mon/Fri/ varied hours on Sat.
The use shall not be carried out other than between 07.30 hours and 22.00 hours Monday to Friday and 08.00 hours and 22.00 hours on Saturday, and 08.00 and 20.00 on Sunday or public holidays.
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)
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)
Submission of details (Full PP)
Notwithstanding the approved drawings, detailed drawings or samples of materials as appropriate, 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) vehicular and pedestrial gates to Freston Road (1:20)
(b) fire escape doors to Bramley Road (1:20)
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, and CL6 of the of the Local Plan 2019.
10)
No nuisance (noise/smell/grit etc)
No process shall be carried out, or machinery installed, pursuant to this permission so as to cause detriment to the amenity of adjacent property, or of the immediate area, by reason of noise, vibration, smell, smoke, soot, ash, grit, or electrical interference.
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.
11)
CLC1 a) Contamination - preliminary risk assessment report and proposed site investigation
No development shall commence until a Preliminary Risk Assessment (PRA) and a Proposed Intrusive Site Investigation Design (PSID) for the site and surrounding area are submitted to, and approved in writing by, the local planning authority [The PRA and PSID shall be prepared in accordance with the Environment Agency's current Land Contamination Risk Management Guidance and the Council's guidance or any subsequent updates].
Reason - To ensure any risks from land contamination are both minimised and managed and to comply with the NPPF and development plan policies and contaminated land policies of the Local Plan. The condition specifies 'No development shall commence until' to ensure that wherever possible site reconnaissance may take place and that risks identified during the preliminary risk assessment (for example from soil contamination, soil vapour, ground gas and water pollution) are appropriately addressed during the course of the development.
12)
CLC1 b) Contamination - Quantitative risk assessment and remediation strategy
No development shall commence (except for demolition above ground level) until the approved Proposed Intrusive Site Investigation Design (PSID) has been fully implemented and a report including full details of the intrusive site investigation, Risk Assessment (RA), an Options Appraisal (OA) and a Remediation Strategy (RS) has been submitted to, and approved in writing by, the local planning authority [The intrusive site investigation, RA, OA, RS and any associated reporting shall be undertaken in line with the Environment Agency's current Land Contamination Risk Management Guidance and the Council's guidance or any subsequent updates].
Reason - To ensure any risks from land contamination are both minimised and managed and to comply with the NPPF and development plan policies and in particular contaminated land policies of the Local Plan. It is necessary for the condition to be on the basis that 'No development shall commence (except for demolition above ground level) until' as ground works and building design need to be considered within the Options Appraisal and Remediation Strategy to ensure safe development, appropriate building design and in order to ensure an appropriate level of verification information is collected during the course of the development.
13)
CLC1 c) Contamination - Verification report
No occupation or use of the development shall occur until the approved Remediation Strategies are implemented and a Verification Report (VR) has been submitted to, and approved in writing by, the local planning authority [The VR shall include full details of requirements for ongoing monitoring and maintenance and be prepared in line with the Environment Agency's current Land Contamination Risk Management Guidance and the Council's guidance or any subsequent updates. Ongoing monitoring and maintenance shall be implemented in line with the approved Verification Report].
Reason - To ensure any risks from land contamination are both minimised and managed and to comply with the NPPF and development plan policies and in particular contaminated land policies of the Local Plan.
14)
CLC1 d) Contamination -Unexpected contamination
A. If during development work unexpected contamination is encountered or suspected, on each occasion development work shall cease in the affected area, other than for actions to make the area safe and prevent further contamination or pollution occurring. Unexpected contamination shall be reported to the Council within 2 working days or as soon as possible if there are significant risks to people or the environment.
B. If this occurs, further Intrusive Site Investigation (FSI) shall be undertaken and a Remediation Statement (RS), addressing the unexpected contamination, shall be submitted to and approved in writing by the local planning authority. The FSI and RS shall include full details of requirements for ongoing monitoring and maintenance and be prepared in line with the Environment Agency's current Land Contamination Risk Management Guidance and Council's guidance or any subsequent updates.
Reason - To ensure any risks from land contamination are both minimised and managed and comply with the NPPF and development plan policies and in particular contaminated land policies of the Local Plan.
15)
Refuse and recycling- details required
Notwithstanding the approved drawings, the permitted uses shall not commence until details of refuse and recycling storage facilities have been submitted to and approved in writing by the local planning authority and the approved refuse and recycling facilities 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 Local Plan 2019.
16)
Plant and flue not approved
Notwithstanding the annotations on the approved drawings, the following is not hereby approved-
a) external plant or equipment including air source heat pumps
b) alterations to the flue at the public house 41 Bramley Road
Reason - This falls outside the scope of the development for which permission is sought for.
17)
Porous surfaces
All external hard surfacing to the service yard shall be constructed using permeable paving and so maintained thereafter. If any permeable surfaces are removed, they must be replaced only with permeable surfaces.
Reason - To reduce flood risk and to contribute to sustainability in accordance with policy CE2 of the Local Plan 2019.
18)
Security screen - Black painted
The security screen to Bramley Road 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, and CL6 of the of the Local Plan 2019.