1)
Approval of the details of the siting, design and external appearance of the buildings, the means of access thereto and the landscaping of the site (hereinafter called "the reserved matters") shall be obtained from the local planning authority before the development hereby permitted commences except as otherwise agreed in writing by the local planning authority; where the development is proposed to be carried out in phases, approval of the details of the rserved matters in relation to each of the phases shall be obtained before the commencement of the development of that phase, except as otherwise agreed in writing by the local planning authority.
Application for approval of all the reserved matters shall be made to the local planning authority before the expiration of three years from the date of this permission and the development shall be begun either before the expiration of five years from the date of this permission, or before the expiration of two years from the date of the approval of the last of the reserved matters to be approved, whichever is the later.
Reason - To prevent an accumulation of permissions which have not been acted upon, and as required by Section 92 of the Town and Country Planning Act, 1990. (R014)
2)
Means of vehicular access to and egress from the retail foodstore, the Class B1 accommodation, the leisure accommodation, the coach and lorry park, and the Earls Court Northern Link Road shall be from Fenelon Place only.
Reason - To ensure an efficient distribution of traffic, and to safeguard the amenities of nearby residential streets.
3)
Details of the parking to be provided for the residential accommodation hereby permitted shall be submitted to and approved in writing by the local planning authority in accordance with the time limits specified in Condition 1 above. The parking so approved shall be provided only in accordance with the details so approved before the occupation of the residential accommodation in that phase of the development. The parking so provided shall be permanently retained for the sole use of the occupiers of that residential accommodation.
Reason - To avoid obstruction of the surrounding streets and to safeguard the amenities of adjacent premises. (R09)
4)
No more than ten car parking spaces shall be used in connection with the Class B1 accommodation hereby permitted.
Reason - To ensure that the use of the Class B1 accommodation does not contribute to commuter vehicle movements or other non-essential trips, in compliance with the Council's policies for traffic restraint.
5)
No more than 360 car parking spaces shall be used in connection with the retail foodstore hereby permitted, and the parking so provided shall be permanently retained for the sole use of the retail foodstore.
Reason - To ensure that the use of the retail foodstore does not contribute to commuter vehicle movements or other non-essential trips, in compliance with the Council's policies for traffic restraint.
6)
Details of provision to be made for the loading and unloading of goods vehicles in connection with the retail foodstore, the Class B1 accommodation, and the leisure accommodation shall be submitted to and approved in writing by the local planning authority in accordance with the time limits specified in Condition 1 above. The facilities shall be provided only in accordance with the details so approved before the occupation of each of those respective parts of the development. The facilities so provided shall be permanently retained for the sole use of each of those respective parts of the development.
Reason To avoid obstruction of the surrounding streets and to safeguard the amenities of adjacent premises. (R09)
7)
Details of the provision to be made for the standing and turning of buses within the site shall be submitted to and approved in writing by the local planning authority in accordance with the details approved as specified in Condition 1 above of this permission, before the development commences, and shall be provided and permanently retained for that purpose.
Reason - To ensure that the facilities to be provided are safe, efficient and attractive.
8)
The retail foodstore hereby permitted shall not contain more than 50,000 sq.ft. gross floor area (excluding service yard) or 33,000 sq.ft. (3,066 sq.m.) net sales area.
Reason - To safeguard the vitality and viability of existing shopping centres in compliance with the Council's policies.
9)
Notwithstanding Section 55 of the Town and Country Planning Act 1990 and the provisions of the Town and Country Planning (Use Classes) Order 1987, or of any other statutory instrument revoking and reenacting that Order, the retail foodstore hereby permitted shall be open for trading only for the sale of food and for no other purpose including any other purpose within Class A1 of the 1987 Order, and the sale of any non-food items shall be of an ancillary nature only.
Reason - To safeguard the vitality and viability of existing shopping centres in compliance with the Council's policies.
10)
The retail foodstore shall not open for trading unless and until:
(a) the completion of highway works, including the construction of a southbound land on Warwick Road from Fenelon Place to West Cromwell Road, (including any related widening of Warwick Road together with any associated traffic control measures, to Warwick Road) to the Warwick Road/Fenelon Place junction, to Fenelon Place, and to the Warwick Road/West Cromwell Road junction such as are required to ensure satisfactory means of access to and from the phase of the development which includes the retail foodstore in accordance with the details approved as specified in Condition 1 above of this permission;
(b) the completion ready for use of the part of the Earls Court Northern Link between Fenelon Place and the West Cromwell Road bridge;
(c) the completion ready for use of a coach/lorry park comprising not less than 36 spaces;
(d) the completion ready for use of the Rifle Club comprising not less than 2304 sq.ft gross floor area;
(e) the completion to shell finish of not less than 60 units of affordable housing over the retail foodstore together with its associated amenity space and parking;
(f) the completion ready for use of temporary facilities within the site for the standing and turning of buses.
Reason - Development for a retail foodstore only would not comply with the Council's policies and objectives for the development of this important site. Permission for the foodstore is granted partly on the grounds that it forms part of a mixed use development including the other elements as required to be completed by this condition.
11)
The Class B1 accommodation hereby approved shall not be occupied unless and until:
(a) the completion of highway works, including the construction of a southbound lane on Warwick Road from Fenelon Place to West Cromwell Road, (including any related widening of Warwick Road, together with any associated traffic control measure to Warwick Road) to the Warwick Road/Fenelon Place junction, to Fenelon Place, and to the Warwick Road/West Cromwell Road junction such as are required to ensure satisfactory means of access to and from the phase of the development which inlcudes the retail foodstore in accordance with the details approved as specified in Condition 1 above of this permission;
(b) the completion ready for use of the part of the Earls Court Northern Link Road between Fenelon Place and the West Cromwell Road bridge;
(c) the completion ready for use of a coach/lorry park comprising not less than 36 spaces;
(d) the completion ready for use of leisure accommodation and Rifle Club comprising not less than 8374 sq.ft. gross floor area;
(e) the completion ready for occupation of not less than 60 units of affordable housing over the retail foodstore together with its associated amenity space and parking;
(f) the completion rady for use of temporary facilities within the site for the standing and turning of buses.
Reason - Development for Class B1 offices only would not comply with the Council's policies and objectives for the development of this important site. Permission for the Class B1 accommodation is granted partly on the grounds that it forms part of a mixed use development including the other elements as required to be completed by this condition.
12)
Details of the purposes for which the leisure accommodation excluding the Rifle Club is to be used shall be submitted to and approved in writing by the local planning authority before the use commences and the accommodation shall be used only for the purposes approved.
Reason - No details of the proposed use of the leisure accommodation have been submitted, and the details are considered to be material to the acceptability of the accommodation.
13)
Deliveries to the retail foodstore shall take place only between the hours of 06.30 and 21.00 Monday to Saturday and 08.30 and 16.30 on any Sunday or public holiday. Deliveries to the retail foodstore on any Sunday or public holiday shall include no more than one Heavy Goods Vehicle (over 7.5 tonnes).
Reason - To safeguard the amenities of the occupiers of adjoining properties and of the development hereby permitted.
14)
Details of the hours of opening of the leisure accommodation including the Rifle Club shall be submitted to and approved in writing by the local planning authority before the accommodation is occupied, and the leisure accommodation including the Rifle Club shall be used only in accordance with the details so approved.
Reason - To safeguard the amenities of the occupiers of adjoining properties and of the development hereby permitted.
15)
Details of the provision to be made within the site for the parking of vehicles for use in connection with the leisure accommodation including the Rifle Club shall be submitted to and approved in writing by the local planning authority in accordance with time limited in Condition 1 above and the provision shall be made before the occupation of the development of, in the case of phased development, before the occupation of that phase, and shall be permanently retained in accordance with the details so approved.
Reason - To ensure that the use of the leisure accommodation and the Rifle Club do not contribute to commuter vehicle movements or other non-essential trips, in compliance with the Council's policies for traffic restraint.
16)
Details of the provision to be made within the site for the parking of bicycles shall be submitted to and approved in writing by the local planning authority in accordance with the time limits in Condition 1 above and the provision shall be made before the occupation of the development or, in the case of phased development, before the occupation of that phase, and shall be permanently retained in accordance with the details so approved.
Reason - To ensure a satisfactory level of provision for bicycles within the development in accordance with the Council's policies for the promotion of bicycle travel.
17)
Details of the provision to be made within the site for the storage and disposal of refuse and of recycling facilities shall be submitted to and approved in writing by the local planning authority in accordance with the time limits in Condition 1 above and the provision shall be made before the occupation of the development or, in the case of phased development, before the occupation of that phase, and shall be permanently retained in accordance with the details so approved.
Reason - To safeguard the amenities of the area.
18)
Provision shall be made within the development for a nursery in accordance with details to be submitted to and approved in writing by the local planning authority.
Reason - To enhance employment opportunities within the development in accordance with the Council's policies.
19)
No development shall take place until the implementation of a programme of archaeological work in accordance with a written scheme of investigation submitted to and approved in writing by the local planning authority has been secured. The development shall only take place in accordance with the detailed scheme so approved. The archaeological works shall be carried out by a suitably qualified investigating body acceptable to the Council.
Reason - To safeguard any parts of the site which are of archaeological value, in accordance with the Council's policies and with the recommendations of English Heritage.
20)
No development shall take place until arrangements have been made for an archaeological "watching brief" to monitor development groundworks and to record any archaeological evidence revealed. These arrangements are to be submitted to and approved in writing by the local planning authority. The development shall take place in accordance with the "watching brief" so approved. The "watching brief" shall be carried out by a suitably qualified investigating body acceptable to the Council.
Reason - To safeguard any parts of the site which are of archaeological value, in accordance with the Council's policies and with the recommendations of English Heritage.
21)
All planting, seeding or turfing comprised in the landscaping details forming part of the reserved matters shall be carried out in the first planting and seeding season following the occupation of the buildings or completion of the development. In the event that the development is carried out in phases, such work shall be carried out in the first such season after the occupation of the buildings or completion of the development in that phase. Any trees or plants which within a period of five years from the completion of the landscaping or that phase of the landscaping die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of the same or similar size and species, unless the local planning authority gives its written consent to a variation.
Reason - To ensure that the site makes a positive contribution to the appearance of the area and provides a satisfactory environment for the users and occupiers of the site.
22)
Access to, and egress from, the development site from or to Warwick Road shall be a minimum of 100m from the junction of West Cromwell Road.
Reason - To allow a minimum safe weaving distance for traffic turning right into Warwick Road from West Cromwell Road, wishing to enter the site, thus ensuring the safe operation of the Trunk Road junction. (As required by the Secretary of State for Transport).