1)
Time Limit
The development hereby permitted shall be begun before the expiration of three years from 09 November 2023, being the date of the original permission granted under ref. PP/23/01117.
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
Except for that which is required as part of Conditions Nos. 9, 12, 13, 14, 15 , 16 and 17 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)
Code of Construction Practice
No development shall commence until:
A Code of Construction Checklist and Site Construction Managment Plan (SCMP) for the dvelopment have been approved in writting 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 SCMP.
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.
4)
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
5)
Contamination -
No development shall commence until:
A) A ground gas and vapour investigation (GVI) incorporating the results of environemental and historical searches is undertaken and a ground gas and vapour assessment report (GVAR) where necessary incorporating a Remediation Strategy (RS) hasd been submitted to and approved in writing by the Local Planning Authority.
B - No occupation or use of the development shall commence until teh approved RS is implemented and a Verification Report (VR) is submitted to and approved in writing by the Local Planning Authority.
C - Any unexpected contamination shall be addressed in line with teh 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 land contamination are minimised, and comply with the NPPF and development plan policies, in particular policy CE7 of the Local Plan 2019. (You are advised that the Scheme must be based upon and target the risks identified in the approved preliminary risk assessment and shall provide provisions for, where relevant, the sampling of soil, soil vapour, ground gas, surface and groundwater, and will be a matter of public record). 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)
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 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.
7)
Noise from building services plant and vents
Noise emitted by all building services plant and vents shall not exceed a level 10dBA below the existing lowest LA90(10min) background noise level at any time when the plant is operating, and where the source is tonal it shall not exceed a level 15dBA below. The noise emitted shall be measured or predicted at 1.0m from the facade 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 the manufacturer's instructions and as necessary to ensure that the requirements of the condition are maintained. If at any time the plant is determined by the local planning authority to be failing to comply with this condition, it shall be switched off upon written instruction from the local planning authority 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.
8)
Anti-vibration mounts for air-conditioning/ extraction equipment
The plant shall not operate unless it is supported on adequate proprietary anti-vibration mounts to prevent the structural transmission of vibration and regenerated noise within adjacent or adjoining premises, and these shall be so maintained thereafter.
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.
9)
Post Installation Assessment Required
In order to comply with condition No. 7 and the noise levels as specified in the submitted noise impact assessment prepared by Cass Allen Associates Ltd, dated 30th January 2024, ref. RP02-22532-R3, a post installation assessment demonstrating compliance with condition No. 7 shall be carried out and submitted for the consideration and approval of the Local Planning Authority no later than 1 month from the installation of the relevant part of the works. In the event that the details are not considered satisfactory by the Local Planning Authority and are refused, the equipment shall be switched off until a revised assessment has been submitted to and approved by the LPA.
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.
10)
Scheme of Sound Insulation
A scheme of sound insulation, designed to prevent the transmission of excessive airborne and impact noise between the proposed hotel accommodation hereby permitted and adjacent buildings 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 approved details prior to the occupation of the extensions hereby permitted and shall be so maintained thereafter.
Reason - The details are material to the acceptability of the proposals, and to ensure accordance with the development plan.
11)
Submission of details
Notwithstanding any details shown on drawings hereby permitted and as listed within condition No. 2, 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) Detailed drawings and/or samples as appropriate of all brickwork, stone banding, stone coping, lead roofing and natural slate roofing materials. The sample panels shall show the proposed colour, texture, facebond and pointing to be used on all external faces of the extensions forming the subject of this permission with the panels being provided on site and retained for the entire duration of the implementation phase.
(b) Detailed elevation and section drawings at scale 1:20 of all new external doors and windows.
(c) Details of the stone elevations to the roof extension within No 229-231 KHS including a sample panel to be provided on site and retained during construction phase showing the proposed facade arrangement and its associated window's junctions.
(d) Threshold level details for all new external ground floor level access doors facing Kensington High Street.
(e) Details of a Flood Prevention Strategy and measures to ensure the occupiers of the new lower ground floor level hotel rooms would be suitably protected from the threat of rainwater and sewer flooding.
Reason - The details are material to the acceptability of the proposals, and to ensure accordance with the development plan.
12)
Details of facade construction
Notwithstanding any details shown on drawings hereby permitted and as listed wtihin Condition no. 2, details of the facade construction for the new extensions hereby permitted shall be provided and approved by the LPA in consultation with the Directorate of Environmental Health prior to the relevant parts of the works are carried out and to include glazing with commensurate composite sound insulation performance predictions. The required details shall be submitted to prior to the commencement of the relevant part or parts of the development and shall be installed prior to occupation or use of the parts of the development and be so maintained thereafter.
Reason - The details are material to the acceptability of the proposals, and to ensure accordance with the development plan.
13)
Side glazed window details required with the window to be infilled prior to occupation
Notwithstanding any details shown on drawings hereby permitted and as listed within Condition No. 2, a brick sample panel showing the proposed bricks, bond and mortar for the infilled upper level western elevation window within Nos. 229-231 KHS shall be provided on site for the written approval of the LPA before the relevant works are carried out, and the approved sample panel shall thereafter remain on site during the construction phase of those works. The development shall be carried out in accordance with the approved sample panel.
Reason - The details are material to the acceptability of the proposals, and to ensure accordance with the development plan.
14)
Tables, chairs and planters excluded
Notwithstanding any details shown on drawings hereby permitted and as listed within Condition No. 2, the tables, chairs and planters depicted within the external pavement areas at street level and facing onto Kensington High Street as well as on Abingdon Road do not form part of this permission.
Reason - The details are material to the acceptability of the proposals, and to ensure accordance with the development plan.
15)
Roof structures and appliances
Notwithstanding any details shown on drawings hereby permitted and as listed within Condition No. 2, no water tank, lift motor room, or other structure, equipment or appliance, shall be erected upon the roof.
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 and CL6 of the Local Plan 2019.
16)
No roof Terrace Use Allowed
The roof areas of the development hereby permitted shall not be used as a balcony(ies), roof garden or similar outdoor amenity areas.
Reason - The details are material to the acceptability of the proposals, and to ensure accordance with the development plan.
17)
Use Class restriction
Notwithstanding the provisions of the The Town and Country Planning (Use Classes) (Amendment) (England) Regulations 2020, the parts of the development on the ground floor level identified as being used for retail use (Class E(a) and cafe use (Class E(b) shall be used only for these specific purposes, and for no other purpose without the grant of planning permission. For avoidance of doubt this area corresponds to the entire ground floor floorspace contained within the eastern half of Nos. 225-227 Kensington High Street.
Reason - The details are material to the acceptability of the proposals, and to ensure accordance with the development plan.