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Property details

Case reference: PP/24/01524
Address: 51-52 Hans Place, LONDON, SW1X 0LA
Ward: Brompton and Hans Town
Polling district: 02
Listed Building Grade: N/A
Conservation area: Hans Town

Applicant details

Applicant's name: Fremont Business Ltd
Applicant company name: Savills
Contact address: 33 Margaret Street London W1G 0JD

Proposal details

Application type: PP (Planning permission)
Proposed development Variation of condition nos. 2 (compliance with approved drawings) and 15 (Sash windows and doors in painted timber) of planning permission 23/06628, to allow for the reduction in size of the internal lightwell at 1st, 2nd and 3rd floor levels to improve the internal layout of the residential units at those levels, and to ensure regulatory compliance with Building Regulations; by the acceptance of 16no. replacement drawings, and a minor change to the wording of condition 15 of the consent which erroneously refers to all windows being double hung sash windows.
Date received: 07 Mar 2024
Registration date:
(Statutory start date)
07 Mar 2024
Public consultation ends: 05 Apr 2024
Application status: Decided
Target date for decision: 02 May 2024

Decision details

This case has not yet been decided.

Decision: Grant Planning Permission/Consent
Decision date: 16 May 2024
Conditions and reasons:

1)

Time Limit The development hereby permitted shall be begun before the expiration of three years from 05/12/2023, being the date of the original permission granted under ref. PP/22/06628.
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)

Accord with approved CTMP The development shall not be carried out except in accordance with the approved Construction Traffic Management Plan by ADL Planning Ltd (dated June 2022) which was approved by the Council on 16.09.2022.
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 CT1, CL5 and CL7 of the Local Plan 2019.

4)

Professional management of engineering works The development shall be completed in compliance with the approved engineer as accepted by the Council on 03.08.2022.
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.

5)

Considerate Constructors Scheme (CCS) The development shall commence in line with the approved Considerate Constructors Scheme (CCS) certificate received by the Council on 03.08.2022.
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.

6)

Code of Construction Practice The construction works in relation to the development hereby approved shall accord with the details submited and approved dated 01/02/2023 in repsect of PP/22/04312. The development shall be carried out in accordance with the Appendix AChecklist and SCMP so approved, or in accordance with a sugsequent cheklist or SMP as may arppvoed under this condition.
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.

7)

Flood Risk Assessment/Sustainable Drainage Systems Strategy The development shall be completed in line with the Flood Risk Assessment - Third Issue ref 11393 3 (dated September 2021) which was approved by the Council on 16.09.2022
Reason - To reduce flood risk and to contribute to sustainability in accordance with policy CE2 of the Local Plan 2019.

8)

Ground Source Heat Pumps (GSHP) Compliance Prior to occupation, details of the Ground Source Heat Pumps are to be provided for space heating and hot water shall be submitted to and approved in writing by the Local Planning Authority. Approved details shall be fully implemented prior to occupation / use of the development and thereafter permanently retained and maintained.
Reason: To Comply with Policies as required by Core Strategy Policy CE5 and 7.14 a and c of the London Plan.

9)

Non Road Mobile Machinery (NRMM) All Non-road Mobile Machinery (NRMM) used during the course of the development that is within the scope of the GLA 'Control of Dust and Emissions during Construction and Demolition' Supplementary Planning Guidance (SPG) dated July 2014, or any successor document, shall comply with the emissions requirements therein.
Reason: To comply with the requirements of the NPPF, Policies 7.14a-c of the London Plan and Policy CE5 of the Consolidated Local Plan.

10)

Demolition & Construction Environmental Management Plan The development and demolition shall be complete in compliance with the Demolition and Construction Environmental Management Plan (dated 13.07.2022) which was approved by the counicl on 16.09.2022 The approved details shall be fully implemented and permanently retained and maintained during the demolition and construction phases of the development.
Reason: To comply with the requirements of the NPPF (2012), Policies 7.14a-c of the London Plan (2016 and Policy CE5 of the Local Plan.

11)

Combustion Plant: Emergency Diesel Generator No emergency diesel generator shall be used as part of the demolition and construction of the development, as approved by the council on 16.09.2022.
Reason: To Comply with Policies as required by Core Strategy Policy CE5 and 7.14 a and c of the London Plan.

12)

Noise from building services plant and vents Noise emitted by the two air conditioning condensing units, hereby permitted, when operating together or independently, 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 manufacturer's instructions and as necessary to ensure that the requirements of the condition are maintained. If at any time the plant is unable to comply with this condition, it shall be switched off and not used again until it is able to comply.
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.

13)

Anti-vibration mounts for air-conditioning/ extraction equipment All air conditioning plant and equipment 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. If at any time the plant is unable to comply with this Condition, it shall be switched off and not used again until it is able to comply.
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.

14)

Small-scale ground gas and vapour condition: A. The development shall be in complete compliance with the approved Gas and vapour risk assessment (ref. EPG-000154/GVRA version 2.0) and other details approved by the Council under CON/23/01273 dated 24/03/2023 in respect of PP/22/04312. B. 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. Where physical remedial measures are implemented to protect end-users of the development they shall be maintained. The GVI, GVI Report, RS, VR and any unexpected contamination identified during the GVI and development 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 policy CE7 of the Local Plan 2019

15)

Windows and doors in painted timber External windows and doors hereby permitted shall be timber framed and painted, with the windows shown as sliding sashes on the approved drawings should be double hung, white painted, sliding sashes, 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 CL2 of the Local Plan 2019.

16)

Roof Terrace - Black painted railings The railings to the roof terrace 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.

17)

Front Railings The proposed alterations to the front railings hereby approved shall be black painted iron, and so maintained.
Reason - To preserve or enhance the appearance of teh building and the character of the area, in accordance with policies of the development plan in particular policies CL1, CL2 and CL3 of the Local Plan 2019.

18)

Submission of details (Full PP) Prior to their installation full particulars of the following have been submitted to and approved in writing by the local planning authority and the development shall not be completed otherwise than in accordance with the details so approved: (a) Materials to be used on the external faces of the buildings;
Reason - To accord with the development plan by ensuring that the character and appearance of the area are preserved and accord with policies CL1, CL2 and CL3. 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.

19)

Accord with Energy Assessment The development shall not be carried out except in accordance with the Energy Assessment by eight associates dated 01/10/2021 or else otherwise agreed in writing by the LPA.
Reason - To meet the council's targets of reducing carbon emissions and improve energy standards in accordance with policy CE1 and the Greening SPD

20)

Privacy Screens Prior to occupation of the 7 units, the privacy screens and barriers shown within the amenity spaces on the approved plans shall be installed, and these shall be retained thereafter.
Reason - To preserve the privacy of residents and comply with development plan policies, in particular policy CL5 of the Local Plan 2019.

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)

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)

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)

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

6)

GTD/No pre-app/Amendmts to comply Est. G
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, although not used in this instance. On first submission the proposals did not comply with guidance, but improvements suggested by the planning authority were adopted by the applicant.

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:
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Deadline for comments to be received by the Planning Inspectorate:
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Contact details

Planning case officer: Jonathan Kwok
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/24/01524