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Property details

Case reference: PP/99/00238
Address: 187 Kensington High Street, London, W8 6SH
Ward: Abingdon
Polling district: 01
Listed Building Grade:
Conservation area: Edwardes Square/ Scarsdale/ Abingdon

Applicant details

Applicant's name: Balans Limited,
Applicant company name: Alsop Verrill Planning Consultancy,
Contact address: 28 Battersea Square, London, SW11 3RA

Proposal details

Application type: PP (Planning permission)
Proposed development Change of use of ground floor and basement from retail (Class A1) to restaurant (Class A3) with ancillary facilities and installation of associated plant and machinery.
Date received: 01 Feb 1999
Registration date:
(Statutory start date)
03 Feb 1999
Application status: Decided
Target date for decision: 31 Mar 1999

Decision details

This case has not yet been decided.

Decision: Grant Planning Permission/Consent
Decision date: 28 Apr 1999
Conditions and reasons:

1)

The development hereby permitted shall be begun before the expiration of five years from the date of this permission. (C001)
Reason As required by Section 91 of the Town and Country Planning Act 1990, to avoid the accumulation of unexercised Planning Permissions. (R001)

2)

Not more than one restaurant shall be created pursuant to this permission, and this restaurant shall not provide more than 80 covers and no more than 80 persons shall be on the premises at any time. (C051)
Reason - In order to limit the impact of the use on local amenities, parking demand and traffic. (R051)

3)

The restaurant use hereby permitted shall have no takeaway facility.
Reason - To safeguard the amenities of neighbouring properties.

4)

No deliveries to the rear of the property shall take place before 08.00 hours Mondays to Saturdays and 09.00 hours on Sundays.
Reason - To safegaurd the amenities of the neighbouring properties.

5)

No customers shall be on the premises from 24.00 hours until 08.00 hours the following day. (C046)
Reason - To safeguard the amenity of neighbouring property. (R042)

6)

Full particulars of the following shall be submitted to and approved in writing by the local Planning Authority before the development hereby permitted commences and the development shall not be carried out otherwise than in accordance with the details so approved: (a) the extraction duct at the rear (b) any plant, chillers or air-conditioning units (c) the provision of access for people with disabilities (d) the means of reducing the transmission of noise from the premises. (C011)
Reason - The particulars hereby reserved are considered to be material to the acceptability of the development, and the local planning authority wishes to ensure that the details of the development are satisfactory. (R011)

7)

Any plant installed in connection with the use hereby approved shall be constructed and fitted so that it generates no more than 2dB(A) above the lowest ambient background sound pressure level measured 1 metre from the noise sensitive facade of the nearest residential property and shall be permanently maintained as such.
Reason - To safeguard the amenities of neighbouring properties. (R055)

8)

Details of any proposed works to the skylight on the rear addition flat roof shall be submitted to, and approved in writing by, the Executive Director, Planning and Conservation, before the commencement of the relevant part of the work.
Reason - To ensure a satisfactory standard of appearance and to protect the amenities of the area. (R024)

Informatives:

1)

Attention to Conditions
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. (I10)

2)

Access - General requirements
Your attention is drawn to the Chronically Sick and Disabled Persons Act 1970 (Section 4) and the Disabled Persons Act 1981 which place on developers and their representatives an obligation to provide easy access for the disabled; the Chronically Sick and Disabled Persons Act 1970 (Section 5) and the Disabled Persons Act 1981 which place on local authorities and an obligation to provide easy access for the disabled with regard to the provision of toilets; the Chronically Sick and Disabled Persons Act 1970 (Section 8) and the Disabled Persons Act 1981 which place on developers and their representatives of educational buildings an obligation to provide easy access for the disabled. Design Guidance notes for schools can be found in the DfEE Design Note 18 - Access for Disabled People to School Buildings. (I43)

3)

Building Regs. - Separate Approval
Separate approval for the works hereby granted planning permission may be required by the Building Act 1984 and the Building Regulations 1991, and the grant of planning permission does not imply that such approval will be given. The Director of Building Control, Town Hall, Hornton Street, W8 7NX should be consulted before works commence. (I21)

4)

Advertisement Consent
Any Advertisements to be erected at the premises may require consent under the Control of Advertisement Regulations 1992. You are advised to consult the Directorate of Planning Services. (I05)

5)

Nuisance and Amenity
Any plant or equipment installed in or on the building must be designed so as not to cause a nuisance through noise, vibration, or fumes. The grant of planning permission does not obviate the need to comply with relevant environmental protection legislation, nor imply that these other approvals will be given. The Directorate of Environmental Services should be contacted on the detail of any such plant or equipment. Any changes to plant or equipment required to comply with other legislation may require further planning permission.(I38)

6)

Refuse Storage
You are advised to consult the Director of Waste Management and Leisure, Council Offices, Pembroke Road, W8 6PW on the provision of facilities for the storage and disposal of refuse. There is a code of practice available and advice can also be given on certain aspects of industrial and commercial waste as well as household waste. The Council operates a trade refuse service on a rechargeable basis. (I29)

Committee details

Decision by: This case is currently due to be decided by the Planning Applications Committee.
Date:21 Apr 1999
Report item number:2043

Appeal details

This case has not been appealed.

Planning Inspectorate reference number:
Appeal received:
Appeal type:
Appeal procedure:
Appeal start date:
Deadline for comments to be received by the Planning Inspectorate:
Appeal decision:
Appeal decision date:

Contact details

Planning case officer:
Planning team: Fast Track Team
Email: [email protected]
Telephone: 020 7361 3012

Comment on this application

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Documents related to case PP/99/00238