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Property details

Case reference: PP/16/04366
Address: Chelsea Farmers Market, 125-135 Sydney Street, LONDON, SW3 6NR
Ward: Stanley
Polling district: 18
Listed Building Grade:
Conservation area: N/A

Applicant details

Applicant's name: Royal Brompton & Harefield NHS Foundation Trust
Applicant company name: DP9 Ltd
Contact address: 100 Pall Mall London SW1Y 5NQ

Proposal details

Application type: PP (Planning permission)
Proposed development Demolition of existing buildings and erection of part 5, part 6 storey buildings with part 1, part 2 storeys of basement to provide a mixed use development comprising 59 residential units, and flexible retail uses (Class A1, A2, A3) and the creation of new publically accessible landscape spaces, associated car, cycle parking, landscaping and amenity and all necessary enabling works (MAJOR APPLICATION)
Date received: 04 Jul 2016
Registration date:
(Statutory start date)
04 Jul 2016
Public consultation ends: 15 Feb 2017
Application status: Decided
Target date for decision: 03 Oct 2016

Decision details

This case has not yet been decided.

Decision: Granted subject to legal agreement
Decision date: 17 Nov 2017
Conditions and reasons:

1)

Time Limit The development hereby permitted shall be begun before the expiration of fifteen years from the date of this permission.
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)

Demolition Environmental Management Plan (DEMP) No development shall commence until a site specific Demolition Environmental Management Plan (DEMP) has been submitted to, and approved in writing by, the local planning authority, and the development shall be carried out only in accordance with the Plan so approved. The DEMP shall as a minimum comply with and follow the chapter order (4-7) and appendices (5, 7,8,9) of the Mayors of London 'The Control of Dust and Emissions during Construction and Demolition', SPG, July 2014 Mayors SPG; include an inventory and timetable of dust generating activities during demolition; include dust and emission control measures including on-road demolition traffic e.g. use of Ultra Low Emission Vehicles; Non-Road Mobile Machinery (NRMM) (to include on-site monitoring of PM10 and reporting); include noise and vibration mitigation measures (to include s61 procedure and on-site monitoring and reporting).
Reason - To comply with the requirements of the NPPF and policies CE3, CE5, CE6, and CL5 of the Consolidated Local Plan in ensuring that effects upon air quality in the area are minimised and to accord with the Mayor of London's Best Practice Guidance 'Control of dust and emissions from construction and demolition'. 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.

4)

Construction Environmental Management Plan (CEMP) No development shall commence (save for demolition) until a site specific Construction Environmental Management Plan (CEMP) has been submitted to, and approved in writing by, the local planning authority, and the development shall be carried out only in accordance with the Plan so approved. The CEMP shall as a minimum comply with and follow the chapter order (4-7) and appendices (5, 7,8,9) of the Mayors of London 'The Control of Dust and Emissions during Construction and Demolition', SPG, July 2014 Mayors SPG; include an inventory and timetable of dust generating activities during construction; include dust and emission control measures including on-road construction traffic e.g. use of Ultra Low Emission Vehicles; Non-Road Mobile Machinery (NRMM) (to include on-site monitoring of PM10 and reporting); include noise and vibration mitigation measures (to include s61 procedure and on-site monitoring and reporting).
Reason - To comply with the requirements of the NPPF and policies CE3, CE5, CE6, and CL5 of the Consolidated Local Plan in ensuring that effects upon air quality in the area are minimised and to accord with the Mayor of London's Best Practice Guidance 'Control of dust and emissions from construction and demolition'. 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.

5)

Demolition Traffic Management Plan (DTMP) No development shall commence until a Demolition Traffic Management Plan (DTMP) has been submitted to and approved in writing by the local planning authority.ÿThe statement should include: a)ÿ routeing of demolition, including a response to existing or known projected major building works at other sites in the vicinity and local works in the highway; b)ÿ access arrangements to the site; c)ÿ the estimated number and type of vehicles per day/week; d)ÿ details of any vehicle holding area; e)ÿ details of the vehicle call up procedure; f)ÿÿestimates 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 and demolition work associated with the development; h)ÿwork programme and/or timescale for each phase of preparation and demolition work associated with the development; i)ÿÿdetails of measures to protect pedestrians and other highway users from demolition activities on the highway; j)ÿa strategy for coordinating the connection of services on site with any programme work to utilities upon adjacent land; and k)ÿ 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 Demolition Traffic Management Plan.
Reason - To minimise the impact of demolition works upon highway safety and nearby residents' enjoyment of their properties in accordance with policies CT1 and CL5 of the Consolidated Local Plan.ÿ 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

6)

Construction Traffic Management Plan (CTMP) No development shall commence (save for demolition) until a Construction Traffic Management Plan (CTMP) has been submitted to and approved in writing by the local planning authority.ÿ The statement should include: a)ÿ routeing of 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)ÿ access arrangements to the site; c)ÿ the estimated number and type of vehicles per day/week; d)ÿ details of any vehicle holding area; e)ÿ details of the vehicle call up procedure; f)ÿÿestimates 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 excavation and construction work associated with the development; h)ÿ work programme and/or timescale for each phase of excavation and construction work associated with the development; i)ÿÿ details of measures to protect pedestrians and other highway users from construction activities on the highway; j)ÿ a strategy for coordinating the connection of services on site with any programme work to utilities upon adjacent land; and k)ÿ 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.
Reason - To minimise the impact of construction works upon highway safety and nearby residents' enjoyment of their properties in accordance with policies CT1 and CL5 of the Consolidated Local Plan.ÿ 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 ti

7)

Contamination - Preliminary Risk Assessment Report No development shall commence until a Preliminary Risk Assessment Report comprising: a desktop study which identifies all current and previous uses at the site and surrounding area as well as the potential contaminants associated with those uses; information from site inspection; a conceptual model indicating potential pollutant linkages between sources, pathways and receptors, including those in the surrounding area and those planned at the site; and a qualitative risk assessment of any potentially unacceptable risks arising from the identified pollutant linkages to human health, controlled waters and the wider environment including ecological receptors and building materials has been prepared in accordance with CLR 11: Model Procedures for the Management of Land Contamination (Defra 2004) or the current UK requirements for sampling and testing, and submitted to, and approved in writing by, the local planning authority.
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 Consolidated Local Plan. 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.

8)

Contamination - Site Investigation Scheme No development shall commence until a Site Investigation Scheme has been prepared (if required) in accordance with CLR 11: Model Procedures for the Management of Land Contamination (Defra 2004) or the current UK requirements for sampling and testing, and has been submitted to, and approved in writing by, the local planning authority.
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 Consolidated Local Plan. (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.

9)

Contamination - Site Investigation and Quantitative Risk Assessment No development shall commence (save for demolition) until a site investigation (if required) has been undertaken in compliance with the approved Site Investigation Scheme and a Quantitative Risk Assessment Report (if required) has been submitted to, and approved in writing by, the local planning authority.
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 Consolidated Local Plan, and to accord with CLR 11: Model Procedures for the Management of Land Contamination (Defra 2004) or the current UK requirements for sampling and testing). 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.

10)

Contamination - Remediation Method Statement No development shall commence (save for demolition) until a Remediation Method Statement (if required) to address the results of the Site Investigation Scheme has been submitted to, and approved in writing by, the local planning authority.
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 Consolidated Local Plan and accord with CLR 11: Model Procedures for the Management of Land Contamination (Defra 2004) or the current UK requirements for sampling and testing.

11)

Contamination - Verification Report No development shall commence (save for demolition) until the approved Remediation Method Statement (if required) has been carried out in full and a Verification Report (if required) confirming: completion of these works; details of the remediation works carried out; results of any verification sampling, testing or monitoring including the analysis of any imported soil; classification of waste, its treatment, movement and disposal; and the validation of gas membrane placement. has been submitted to, and approved in writing, by the local planning authority.
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 Consolidated Local Plan.

12)

Contamination - Unexpected If during development, contamination not previously identified is found to be present at the site, development work shall cease and not be recommenced until a report indicating the nature of the contamination and how it is to be dealt with has been submitted to, and approved in writing by, the local planning authority.ÿThe approved measures shall be implemented in full.
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 Consolidated Local Plan, and to accord withÿCLR 11: Model Procedures for the Management of Land Contamination (Defra 2004) or the current UK requirements for sampling and testing).

13)

Protection of trees during construction - Details required No development shall commence until full particulars of the method(s) by which all existing trees on adjacent land are to be protected during site preparation, demolition, construction, landscaping, and other operations on the site including erection of hoardings, site cabins, or other temporary structures, shall be submitted to and approved in writing by the local planning authority and the development shall be carried out only in accordance with the details so approved.
Reason - To ensure that the trees are adequately protected, to safeguard their contribution to theÿappearance and amenity of the area and accord with policies of the development plan, in particular policy CR6 of the Consolidated Local Plan. 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.

14)

Archaeology - Stage 1 Written Scheme of Investigation No development shall commence until a Stage 1 Written Scheme of Investigation (WSI) has been submitted to and approved in writing by the Local Planning Authority. For land that is included within the WSI, no demolition or development shall take place other than in accordance with the agree WSI.
Reason - To safeguard the archaeological heritage of the Borough in accordance with policy CL4 of the Consolidated Local Plan. 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.

15)

Archaeology - Requirement for Stage 2 WSI If heritage assets of archaeological interest are identified by the Stage 1 WSI as required by Condition 14 , for those parts of the site which have an archaeological interest a Stage 2 WSI shall be submitted to approved in writing the local planning authority. No development (including demolition) shall take place other than in accordance with the agreed Stage 2 WSI
Reason - To safeguard the archaeological heritage of the Borough in accordance with policy CL4 of the Consolidated Local Plan. 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.

16)

Sustainable drainage systems The development shall not commence (save for demolition) until a Final detailed Drainage Management Plan has been submitted to and approved in writing the local planning authority. This plan will need to identify existing run off rates together with proposed sustainable urban drainage (SuDS) measures to be included in the development. The SuDS measures so approved shall be implemented in full prior to occupation of the development and shall be so retained
Reason: To ensure the development achieves appropriate water attenuation measures to reduce surface water run off and to comply with Policies CE2 and CE7 of the Consolidated Local Plan

17)

Planting and replanting All tree and shrub planting forming part of the plans and details approved through this planning permission shall be carried out in the first planting and seeding season following the first occupation of the development or the completion of the development whichever is the sooner. Any trees or shrubs which, within a period of five years from the first planting and seeding season referred to above, die, are removed, or become seriously damaged or diseased, shall be replaced in the next planting season with others of similar size and species.
Reason - To protect the appearance and amenity of the area and to accord with policies of the development plan, in particular policy CR6 of the Consolidated Local Plan.

18)

Planting and replanting Any trees or shrubs as shown in the approved landscaping schemes under condition 17 which, within a period of five years from the first planting and seeding season, are removed, or become seriously damaged or diseased, shall be replaced in the next planting season with others of similar size and species.
Reason - To protect the appearance and amenity of the area and to accord with policies of the development plan, in particular policy CR6 of the Consolidated Local Plan, and to ensure the development provides the maximum possible provision towards creation of habitats and valuable areas for biodiversity in accordance with Policy CE4 of the Consolidated Local Plan.

19)

Odours from swimming pool ventilation/ filtration equipment Fumes or odours expelled from any flue serving the hygiene plant or providing ventilation to the swimming pool area shall not be detectable at the property boundary. If at any time the extraction plant is determined by the local planning authority to be failing to comply with this condition, it (or the source equipment) 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 Consolidated Local Plan.

20)

Details of bicycle storage The development shall not be occupied until details of the bicycle storage facilities indicated on the approved plans have been submitted to and approved in writing by the local planning authority. The details shall include the specification of the racks to be used. The bicycle facilities shall be provided in accordance with the approved plans and 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 Consolidated Local Plan

21)

Ventilation Prior to the commencement of development (save for demolition) details of a system of mechanical ventilation, with filtration to remove airborne pollutants, for the proposed residential properties shall be submitted to and agreed in writing by the LPA. Filtration should ensure that the national Air Quality Objectives for Nitrogen Dioxide (NO2) and Particulate Matter (PM10) are not exceeded in residential properties. The approved details shall be fully implemented prior to the occupation/use of the development and thereafter permanently retained and maintained. The maintenance and cleaning of the systems shall be undertaken in accordance with manufacturer specifications and shall be the responsibility of the primary owner of the building.
Reason: To Comply with Policies as required by Core Strategy Policy CE5 and 7.14 b of the London Plan

22)

Low Emission Strategy required No development shall commence (save for demolition and below ground works) until a suitable low emission strategy has been submitted to and approved in writing by the Local Planning Authority. This should include a comparison of emissions against London Plan emission benchmarks for buildings and transport and Band B emission standards for combustion plant. This shall include all traffic and combustion plant emissions generated by the development and include measures to reduce emissions from the operational development. The strategy shall detail the emission reduction strategies to be incorporated including proposals for boiler /plant abatement equipment. Measures for transport emissions should include electric charging facilities in parking areas, permit free, a travel plan, and a delivery and service plan
Reason - To comply with the requirements of the NPPF and policy CE5 of the Consolidated Local Plan in ensuring that effects upon air quality in the area are minimised.

23)

Combustion plant -pre installation Prior to installation or use of any combustion plant including temporary installations evidence must be provided to show that any chimney stack/flue will be located so that it is away from ventilation intakes or accessible areas and at a sufficient height and discharge velocity etc to disperse the exhaust emissions (a minimum of 3m above accessible areas). Details of the selected combustion plant (including abatement equipment), their emissions and maintenance schedules shall be provided to the Local Planning Authority for approval. Boilers shall have NOx emissions not exceeding 40mg/kWh of dry NOx (at 0% O2) and CHP plant not exceeding the CHP plant not exceeding 95mg/Nm2 (at 5% 02) as per assessment.
Reason: To Comply with Policies as required by Core Strategy Policy CE5 and 7.14 a and c of the London Plan

24)

Combustion plant - prior to occupation Prior to occupation no CHP plant shall come into use without the fitting of the appropriate abatement equipment or technologies to meet as a minimum the Band B emissions standard (95mg/Nm2 (at 5% 02). A NOX emissions test must be carried out by an accredited laboratory/ competent person. The test certificate and evidence of equipment maintenance schedule and agreement must be provided to the local planning authority for approval.
Reason: To Comply with Policies as required by Core Strategy Policy CE5 and 7.14 a and c of the London Plan

25)

Wheelchair Adaptable Units The units as shown on approved drawings 1848A (02) 310 Britten Street Block BB-G.01 - Wheelchair Conversion P1 1848A (02) 311 Britten Street Block BB-G.02 - Wheelchair Conversion P1 1848A (02) 312 Britten Street Block BB-LG.01 - Wheelchair Conversion P1 1848A (02) 313 Britten Street Block BB-LG.02 - Wheelchair Conversion P1 1848A (02) 314 Sister Block-SB.01.03 - 02.03 - Wheelchair Conversion P1 shall achieve compliance with optional requirement M4(3)(2)(a) of the building regulations and none of the specified units shall be occupied until Building Regulations approval has been issued certifying that these criteria have been achieved.
Reason - To ensure satisfactory provision for people with disabilities and meet the changing needs of households in accordance with development plan policies in particular policy CH2 of the Consolidated Local Plan.

26)

Travel Plan - Details reserved The development hereby approved shall not be occupied until a Final travel plan has been submitted to, and approved in writing by, the local planning authority. The travel plan shall be monitored and reviewed in accordance with any targets within the plan, and such record made available upon request by the local planning authority.
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 Consolidated Local Plan.

27)

Service and Delivery Management Plan - Details reserved The development hereby approved shall not be occupied until a Service and Delivery Management Plan has been submitted to, and approved in writing by, the local planning authority. The proposed use shall operate in accordance with the approved plan and shall be monitored and reviewed in accordance with any targets within the plan, and such record made available upon request by the local planning authority.
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 Consolidated Local Plan.

28)

Electric Car Charging points The development hereby approved shall not be occupied until details of the electric car charging points have been submitted to and approved in writing by the local planning authority. The development should be carried out in accordance with the approved details and be so retained
Reason: To ensure that the development minimises impact on air quality in accordance with Consolidated Local Plan policy CE5 and London plan policy 6.13

29)

Restricting planning permission granted by GPDO - Removal of PD Rights- Mews Houses No extensions, additions, insertion of windows, or external alterations shall be carried out to the Mews Houses in the absence of an express grant of planning permission for such development.
Reason - Although such extensions, additions, or alterations would, in the absence of this condition, constitute development permitted under the provisions of Article 3, Schedule 2, Part 1, of the Town and Country Planning (General Permitted Development) Order 2015 (as amended) such development is precluded in this case to safeguard the architectural quality of the development and the character and appearance of the area in accordance with Policy CL2 of the Consolidated Local Plan NB This withdrawal of permitted development rights does not remove your right to apply to the local planning authority for planning permission for development precluded through this condition, and such an application would be treated on its merits. It would be prudent to use our pre-application Advice Service before submitting such an application.

30)

Details of sound insulation -SISTER BLOCK The development shall not be occupied until a scheme of sound insulation designed to prevent the transmission of excessive airborne and impact noise between the proposed commercial units at ground and lower ground floor levels and the residential uses above shall be submitted to and approved in writing by the local planning authority. The approved scheme shall be implemented in full prior to occupation and be so retained
Reason: To ensure a good standard of development and to comply with policies CE5, CL5 and CH2 of the Consolidated Local Plan

31)

Details of facade sound insulation- MEWS HOUSES Facade sound insulation including glazing shall be of a standard to achieve noise level within the residential units as recommended in Table 5 of BS 8233:2014 Sound Insulation and noise reduction for buildings- Code of Practice. Full details of the facade construction (including glazing) shall be submitted to and approved in writing the local planning authority prior to the commencement of the superstructure and the approved details shall be installed in full prior to the first occupation of the development
Reason: To ensure a good standard of development and to comply with policies CE5, CL5 and CH2 of the Consolidated Local Plan

32)

Details of facade sound insulation- GARDEN BLOCK Facade sound insulation including glazing shall be of a standard to achieve noise level within the residential units as recommended in Table 5 of BS 8233:2014 Sound Insulation and noise reduction for buildings- Code of Practice. Full details of the facade construction (including glazing) shall be submitted to and approved in writing the local planning authority prior to the commencement of the superstructure and the approved details shall be installed in full prior to the first occupation of the development
Reason: To ensure a good standard of development and to comply with policies CE5, CL5 and CH2 of the Consolidated Local Plan

33)

Details of facade sound insulation- BRITTEN STREET BLOCK Facade sound insulation including glazing shall be of a standard to achieve noise level within the residential units as recommended in Table 5 of BS 8233:2014 Sound Insulation and noise reduction for buildings- Code of Practice. Full details of the facade construction (including glazing) shall be submitted to and approved in writing the local planning authority prior to the commencement of the superstructure and the approved details shall be installed in full prior to the first occupation of the development
Reason: To ensure a good standard of development and to comply with policies CE5, CL5 and CH2 of the Consolidated Local Plan

34)

Details of facade sound insulation- BRITTEN STREET BLOCK Facade sound insulation including glazing shall be of a standard to achieve noise level within the residential units as recommended in Table 5 of BS 8233:2014 Sound Insulation and noise reduction for buildings- Code of Practice. Full details of the facade construction (including glazing) shall be submitted to and approved in writing the local planning authority prior to the commencement of the superstructure and the approved details shall be installed in full prior to the first occupation of the development
Reason: To ensure a good standard of development and to comply with policies CE5, CL5 and CH2 of the Consolidated Local Plan

35)

Pumped Devices The basement of the development hereby permitted shall be protected against sewer flooding through the installation of positively pumped devices which shall be installed prior to occupation of the building. The pumped devices shall be so retained
Reason: To protect the basement from sewer flooding and to comply with policies CE2 and CL7 of the Consolidated Local Plan

36)

Noise from building services plant and vents Noise emitted by all building services plant, plant room intake, extract, louvre or vent shall not exceed a level 10dBA below the existing lowest LA90(15min) 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 Consolidated Local Plan.

37)

Odours from extraction equipment Fumes or odours expelled from any flue serving a stove, oven or other cooking device shall not be detectable at the property boundary. If at any time the extraction plant is determined by the local planning authority to be failing to comply with this condition, it (or the source device) 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 Consolidated Local Plan.

38)

Anti-vibration mounts for air-conditioning/ extraction equipment All building services plant (including the internal car stacker) 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 Consolidated Local Plan.

39)

Water Efficiency The residential dwellings shall achieve compliance with optional requirement G2 (2) (b) and none shall be occupied until Building Regulations approval has been issued for it certifying that these criteria have been achieved.
Reason - To ensure that the development contributes to the attainment of sustainable development and to comply with policy CE1 of the Core Strategy.

40)

Energy Performance The dwelling(s) shall achieve Level 4 of the Code for Sustainable Homes equivalent in relation to energy performance and none shall be occupied until a final Code Certificate has been issued for it certifying that Code Level 4 equivalent for this criterion has been achieved.
Reason - To ensure that the development contributes to the attainment of sustainable development and to comply with policy CE1 of the Core Strategy.

41)

Considerate Constructors Scheme (CCS) No development shall commence until such time as the lead contractor (for demolition phase ) is signed to the Considerate Constructors Scheme (CCS) and its published Code of Considerate Practice, and the details of (i) the membership, (ii) contact details, (iii) working hours as stipulated under the Control of Pollution Act 1974, and (iv) Certificate of Compliance, are clearly displayed on the site so that they can be easily read by passing members of the public, and shall thereafter be maintained on display throughout the duration of the works forming the subject of this permission.
Reason - To mitigate the impact of demolition work upon the levels of amenity that neighbouring occupiers should reasonably expect to enjoy, and to comply with policy CL5 of the Consolidated Local Plan 2015. 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.

42)

Non Road Mobile Machinery (NRMM) Prior to the commencement of the development details shall be submitted to and approved in writing by the Council of all Non-Road Mobile Machinery (NRMM) to be used on the development site. All NRMM should meet as minimum the Stage IIIA emission criteria of Directive 97/68/EC and its subsequent amendments unless it can be demonstrated that Stage IIIA equipment is not available. An inventory of all NRMM must be registered on the NRMM register https://nrmm.london/user-nrmm/register. All NRMM should be regularly serviced and service logs kept on site for inspection. Records should be kept on site which details proof of emission limits for all equipment.
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.

43)

Hours of operation - The retail uses (within Class A1/A2/A3) subject of this permission shall not be carried out other than between 08:00 hours and 23:00 hours, Monday to Saturday and 08:00 hours and 22:00 hours 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 Consolidated Local Plan.

44)

Trees and landscaping - Details required- Courtyard Area A scheme of landscaping, to include all proposed trees (including full details of all tree pits) shrubs, hard and soft landscaping (including lighting) to the Courtyard Area has been submitted to and approved in writing by the local planning authority before the relevant part of the works , and the development shall only be carried out and maintained in accordance with the details so approved.
Reason - To protect the appearance and amenity of the area and to accord with policies of the development plan, in particular policy CR6 of the Consolidated Local Plan. ÿ

45)

Trees and landscaping - Details required- Garden Square A scheme of landscaping, to include all proposed trees (including full details of all tree pits) shrubs, hard and soft landscaping (including lighting) to the Garden Square shall be submitted to and approved in writing by the local planning authority before the relevant part of the works , and the development shall only be carried out and maintained in accordance with the details so approved.
Reason - To protect the appearance and amenity of the area and to accord with policies of the development plan, in particular policy CR6 of the Consolidated Local Plan. ÿ

46)

On site sample panel- Mews Houses No development shall commence pursuant to Mews Houses (save for demolition, below ground works and temporary works) until sample panels of facing materials, as approved in condition 52 showing the colour, texture, facebond and joints, to be used on the external faces of the building have been provided on site and approved in writing by the Local Planning Authority and the sample panels shall be retained on site until the work is completed. The development shall be carried out in accordance with the details so approved and shall be so maintained.
Reason- In order to safeguard the architectural quality of the development and the character and appearance of the area in accordance with policy CL2 of the Consolidated Local Plan.

47)

On site sample panel- Garden Block No development shall commence pursuant to Garden Block (save for demolition, below ground works and temporary works) until sample panels of facing materials, as approved in condition 51 showing the colour, texture, facebond and joints, to be used on the external faces of the building have been provided on site and approved in writing by the Local Planning Authority and the sample panels shall be retained on site until the work is completed. The development shall be carried out in accordance with the details so approved and shall be so maintained.
Reason- In order to safeguard the architectural quality of the development and the character and appearance of the area in accordance with policy CL2 of the Consolidated Local Plan.

48)

On site sample panel- Sister Block No development shall commence pursuant to Sister Block (save for demolition, below ground works and temporary works) until sample panels of facing materials, as approved in condition 50 showing the colour, texture, facebond and joints, to be used on the external faces of the building have been provided on site and approved in writing by the Local Planning Authority and the sample panels shall be retained on site until the work is completed. The development shall be carried out in accordance with the details so approved and shall be so maintained.
Reason- In order to safeguard the architectural quality of the development and the character and appearance of the area in accordance with policy CL2 of the Consolidated Local Plan.

49)

On site sample panel- Britten Street Block No development shall commence pursuant to Britten Street Block (save for demolition, below ground works and temporary works) until sample panels of facing materials, as approved in condition 53 showing the colour, texture, facebond and joints, to be used on the external faces of the building have been provided on site and approved in writing by the Local Planning Authority and the sample panels shall be retained on site until the work is completed. The development shall be carried out in accordance with the details so approved and shall be so maintained.
Reason- In order to safeguard the architectural quality of the development and the character and appearance of the area in accordance with policy CL2 of the Consolidated Local Plan.

50)

Details to be submitted- Sister Block No development shall commence on Sister Block (save for demolition, below ground works and temporary works) until full particulars of the following have been submitted to and approved in writing by the Local Planning Authority and the development shall be carried out in accordance with the details so approved and shall be so maintained: detailed elevations, plans and sectional drawings of external materials including windows (at scale 1:20) all railings and balustrades details of lightwell and entrance enclosure samples of all facing materials including metalwork construction details of typical bay including windows parapet details details of roof details of shopfront and signage strategy details of rooftop plant
Reason- In order to safeguard the architectural quality of the development and the character and appearance of the area in accordance with policy CL2 of the Consolidated Local Plan.

51)

Details to be submitted- Garden Block No development shall commence on Garden Block (save for demolition, below ground works and temporary works) until full particulars of the following have been submitted to and approved in writing by the Local Planning Authority and the development shall be carried out in accordance with the details so approved and shall be so maintained: detailed elevations, plans and sectional drawings of external materials including windows (at scale 1:20) all railings and balustrades details of lightwell and entrance enclosure samples of all facing materials including metalwork construction details of typical bay including windows parapet details canopy detail details of main roof details of junction with 123 Sydney Street
Reason- In order to safeguard the architectural quality of the development and the character and appearance of the area in accordance with policy CL2 of the Consolidated Local Plan.

52)

Details to be submitted- Mews Houses No development shall commence on the Mews Houses (save for demolition, below ground works and temporary works) until full particulars of the following have been submitted to and approved in writing by the Local Planning Authority and the development shall be carried out in accordance with the details so approved and shall be so maintained: detailed elevations, plans and sectional drawings of external materials including windows (at scale 1:20) guardrails and balustrades details of lightwell and entrance enclosure samples of all facing materials including metalwork construction details of typical bay including windows parapet details canopy detail
Reason- In order to safeguard the architectural quality of the development and the character and appearance of the area in accordance with policy CL2 of the Consolidated Local Plan.

53)

Details to be submitted- Britten Street Block No development shall commence on Britten Street Block (save for demolition, below ground works and temporary works) until full particulars of the following have been submitted to and approved in writing by the Local Planning Authority and the development shall be carried out in accordance with the details so approved and shall be so maintained: detailed elevations, plans and sectional drawings of external materials including windows (at scale 1:20) all railings and balustrades details of lightwell and entrance enclosure samples of all facing materials including metalwork construction details of typical bay including windows details of PV panels to roof parapet details details of roof including windows and cladding
Reason- In order to safeguard the architectural quality of the development and the character and appearance of the area in accordance with policy CL2 of the Consolidated Local Plan.

54)

Details required- Retail Square Details of the following to the Retail Square shall be submitted to and approved in writing by the local planning authority before the relevant part of the works , and the development shall only be carried out and maintained in accordance with the details so approved. a) all hard and soft landscaping b) samples of paving c) new access stair to 151 Sydney Street d) lighting e) cycle stands f) details of relocated railings and piers from Sydney Street to Dovehouse Green
Reason - To protect the appearance and amenity of the area and to accord with policies of the development plan, in particular policies CL2 and CR6 of the Consolidated Local Plan. ÿ

55)

Details required- Retail Pavilion Details of the following to the Retail Square shall be submitted to and approved in writing by the local planning authority before the relevant part of the works , and the development shall only be carried out and maintained in accordance with the details so approved. a) detailed design b) samples of materials c) details of green roof d) signage strategy
Reason - To protect the appearance and amenity of the area and to accord with policies of the development plan, in particular policies CL2 and CR6 of the Consolidated Local Plan. ÿ

56)

BREEAM Rating - New build non-residential The non-residential floorspace shall achieve a BREEAM rating of Very Good, and none of this floorspace shall be occupied until a Post Construction Review Certificate has been issued for it certifying that a BREEAM rating of Very Good has been achieved.
Reason - To ensure that the development contributes to the attainment of sustainable development and to comply with policy CE1 of the Consolidated Local Plan.

57)

Playspace- details reserved None of the residential units shall be occupied until details of the playspace in the Courtyard Garden have been submitted to and approved in writing by the local planning authority and the approved details have been implemented in full
Reason: To ensure a satisfactory standard of development and to comply with Policy CH2 of the Consolidated Local Plan and London Plan Policy 3.6

58)

Maintaining subdivision (floor areas)- RETAIL USES TO SISTER BLOCK The retail uses (within Class A1/A2/A3) hereby permitted shall not at any time be used or occupied otherwise than in separate units
Reason - To ensure that the accommodation meets the particular needs of the area and complies with the Consolidated Local Plan policies relating to.CK2 and CF1

59)

Construction Method Statement (CMS) No development shall commence until a Construction Method Statement detailing how the proposed basement excavation is to be undertaken, spoil removed, the adjoining listed properties at 117-123 Sydney Street would be supported and stabilised, and the basement constructed, has been submitted to and approved in writing by the local planning authority. The Method Statement shall be prepared by a suitably qualified person, namely a Member of the Institute of Structural Engineers (M.I. Struct. E.) or a Member of the Institution of Civil Engineers (M.I.C.E.).
Reason - To ensure adequate safeguard to the structural integrity of neighbouring building in accordance with the Basements SPD and policies CL4 and CL7 of the Consolidated Local Plan.ÿ 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.

60)

Restricting planning permission granted by GPDO - Removal of PD Rights No telecommunications equipment shall be fixed to the buildings subject of this planning permission in the absence of an express grant of planning permission for such development.
Reason - Although such additions, would, in the absence of this condition, constitute development permitted under the provisions of Article 3, Schedule 2, Part 16, of the Town and Country Planning (General Permitted Development) Order 2015 (as amended) such development is precluded in this case because such development is precluded in this case to safeguard the architectural quality of the development and the character and appearance of the area in accordance with Policy CL2 of the Consolidated Local Plan NB This withdrawal of permitted development rights does not remove your right to apply to the local planning authority for planning permission for development precluded through this condition, and such an application would be treated on its merits. It would be prudent to use our pre-application Advice Service before submitting such an application.

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)

Conditions - Precedent to Commencement
Conditions no(s) 3,5,7,13,14, 41 and 59 impose requirements which must be met prior to commencement of the development. Failure to observe these requirements could result in the Council taking enforcement action, or may invalidate the planning permission and render the whole of the development unlawful.

3)

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 Borough Development, 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

4)

Not Temporary Sleeping Accommodation
This permission does not permit the use of the premises to provide temporary sleeping accommodation, including holiday lets, short lets, short term serviced apartments, or timeshare, or for any purpose specified in Section 25 of the Greater London (General Powers) Act 1973, as amended by the Greater London (General Powers) Act 1983, or as timeshare accommodation as specified in Section 5 of the Greater London (General Powers) Act 1984. Use for such purposes would constitute a change of use requiring planning permission. It is the Council's policy to resist such changes of use, and you are advised that planning permission for such a change of use is unlikely to be granted.

5)

Advertisement Consent May Be Required
Any Advertisements to be erected at the premises may require consent under the Control of Advertisement Regulations 2007. You are advised to consult the Directorate of Planning and Borough Development.

6)

Planning Obligation
In granting this permission the Council has had regard to Planning Obligation(s) under Section 106 of the Town and Country Planning Act 1990, as amended.

7)

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 2000 (as amended), 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.

8)

Withdrawal of PD Rights
Attention is drawn to conditions 29 and 60 of this approval, the effect of which is to withdraw permitted development rights in respect of the defined type of development which would, otherwise, not require planning permission. You are advised to seek the advice of this planning authority before undertaking any other development in the future in order to ascertain whether planning permission is required and the likelihood of such permission being granted.

9)

Archaeology (to accompany condition)
The Council wishes to ensure that significant archaeological remains on this site are preserved "in situ". The detailed design and method statement should include appropriate drawings, technical notes, and methodology showing how the objective of an "in situ preservation" is to be achieved. Particular attention should be paid to the design of foundations, new groundworks including piling, underpinning, new slab levels and slab construction, lift pits and service trenches. You are advised to consult the Building Control dept. of the Council to ensure that the requirements of the Building Regulations are also met.

10)

S.61 of Control of Pollution Act 1974
Your attention is drawn to Section 61 of the Control of Pollution Act 1974, which allows developers and their building contractors to apply for `prior consent' for noise generating activities during building works. This proactive approach involves assessment of construction working methods to be used and prediction of likely construction noise levels at sensitive positions, with the aim of managing the generation of construction noise using the `best practicable means' available. You are advised to engage an acoustic consultant experienced in construction noise and vibration assessment and prediction to complete your s.61 application.ÿRelevant information can be found here S.61 Control of Pollution Act 1974

11)

GTD/Pre-app/At submission Est.G/No amend
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. The scheme was submitted in accordance with advice provided through pre-application discussions.

12)

Groundwater discharge
You are advised that where the developer proposes to discharge groundwater to a public sewer, prior approval from Thames Water Developer Services will be required. Any discharge made without a permit is deemed illegal and may result in prosecution under the provisions of the Water Industry Act 1991.

Committee details

Decision by: This case is currently due to be decided by the Planning Committee.
Date:01 Jun 2017
Time:18:30
Venue:The Great Hall
Report item number:ST12

Appeal details

This case has not been appealed.

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Contact details

Planning case officer: Allison Flight
Planning team: Strategic Developments Team
Email: [email protected]
Telephone: 020 7361 3012

Comment on this application

The consultation period for this application has ended.

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