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Property details

Case reference: PP/16/05374
Address: 5 Pembridge Place, LONDON, W2 4XB
Ward: Pembridge
Polling district: 13
Listed Building Grade: N/A
Conservation area: Pembridge

Applicant details

Applicant's name: Varga
Applicant company name: ADL Planning Limited
Contact address: 29 Highmarsh Crescent Newton-Le-Willows WA12 9WE

Proposal details

Application type: PP (Planning permission)
Proposed development Construction of two basement levels, including rooflights to basement and lightwells to forecourt as approved under PP/14/00154 to include demolition of rear extension and construction of part single storey, part three storey rear extension.
Date received: 16 Aug 2016
Registration date:
(Statutory start date)
17 Aug 2016
Public consultation ends: 16 Sep 2016
Application status: Decided
Target date for decision: 12 Oct 2016

Decision details

This case has not yet been decided.

Decision: Grant Planning Permission/Consent
Decision date: 12 Oct 2016
Conditions and reasons:

1)

Time Limit The development hereby permitted shall be begun before 27 February 2017.
Reason - To ensure consistency with the expiry date of permission PP/14/00154 which no longer complies with development plan policies, and as required by Section 91 of the Town and Country Planning Act 1990 to avoid an 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)

Protection of trees during construction - Details required No development shall commence until full particulars of the method(s) by which all existing trees on the site and 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.

4)

Trees and landscaping - Details required No development shall commence until a scheme of landscaping, to include all existing trees and shrubs and proposed trees shrubs and paths and their surfacing materials, has been submitted to and approved in writing by the local planning authority, 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. ÿIt 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)

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.

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 the character of the area in accordance with policies of the development plan in particular policies CL1, CL2, CL3 and CL6 of the Consolidated Local Plan.

7)

Submission of details (Full PP) No development shall commence until 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) The single storey rear extension annotated as 'Proposed double glazed metal framed single storey extension' on approved drawing no. ARC504-PL112A Rev A.
Reason - To accord with the development plan by ensuring that the character and appearance of the area are preserved and living conditions of those living near the development suitably protected.

8)

Sash windows and doors in painted timber External windows and doors hereby permitted shall be timber framed and painted, with the windows being double hung, white painted, sliding sashes, and so maintained.
Reason - To preserve the appearance of the building and the character of the area, in accordance with policies of the development plan in particular policies CL1, CL2 and CL6 of the Consolidated Local Plan.

9)

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.ÿ The statement should include: a)ÿ 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)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)ÿÿ 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)ÿ work programme and/or timescale for each phase of preparation, demolition, 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 the Basements SPD and policies CL7, 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

10)

Professional management of engineering works No development shall commence until a Chartered Civil Engineer (MICE) or Chartered Structural Engineer (MI Struct.E)ÿhas been appointed to supervise the construction works throughout their duration and their appointment confirmed in writing to the Local Planning Authority. In the event that the appointed engineer ceases to perform that role for whatever reason before the construction works are completed those works will cease until a replacement chartered engineer of the afore-described qualification has been appointed to supervise their completion and their appointment confirmed in writing to the Local Planning Authority. At no time shall any construction work take place unless an engineer is at that time currently appointed and their appointment has been notified to this Authority in accordance with this condition.
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 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.

11)

Considerate Constructors Scheme (CCS) No development shall commence until such time as the lead contractor, or the site, 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 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 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.

12)

Noise from plant Noise from the air conditioning condensing units, boiler plant and the swimming pool air handling unit, hereby permitted, when operating individually or in combination, shall not exceed the lowest existing measured background LA90 (15min) level measured or predicted at 1.0m from the nearest residential windows or at ah eight of 1.2m above any adjacent residential garden, terrace, balcony or patio at any time when the plant is operating. 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 Consolidated Local Plan 2015.

13)

Report on pool ventilation and flue systems Work shall not commence on installing the pool ventilation and flue systems until a report has been submitted to and approved in writing by the local planning authority. The report shall show how compliance with condition 13 and the lowest background noise level as identified in the noise level survey report by Emtec ref: QF7726/PF5012/RP1, dated 12 November 2013 will be achieved.
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 2015.

14)

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.

15)

Roof Terrace - Black painted railings The railings to the roof terrace and Juliette balconies 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 Consolidated Local Plan.

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 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

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 Borough Development.

4)

Conditions - Precedent to Commencement
Conditions nos 3, 4, 7, 9 and 10 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.

5)

Subterranean Development
The responsibility and any liability for the safe development of the site rests with the developer and/or landowner. Although the Council has used its best endeavours to determine this application on the basis of the information available to it, this does not mean that the land or adjoining land will necessarily remain free from instability. The Council's consideration has been only on the basis of the development proposed, and these considerations may be different in relation to any other development. The question of stability has been a material planning consideration and the resolution of this issue for the purposes of granting planning permission does not necessarily imply that the requirements of any other controlling authority would be satisfied and, in particular, the granting of planning permission does not give any warranty of support or stability for adjoining properties. (I63)

6)

Sewer Water
Please be aware that sewer flooding has previously occurred in parts of the borough, such as Holland and Norland Wards, and any risk of this type of flooding must be mitigated against and is the responsibility of the owner and/or occupier. Thames Water encourages the use of water pumps, non-return valves and other suitable devices to avoid the risk of backflow, on the assumption that the sewerage network may surcharge to ground level during storm conditions. You are required to consider Part H of the Building Regulations 2000 for all proposals for subterranean development. You are also advised to let Thames Water know if your property has previously suffered from sewerage flooding or as soon as possible if this occurs in the future.

7)

Controlling Noisy Works
Please be aware that construction and demolition will be controlled by the Council under Section 60 and 61 of the Control of Pollution Act 1974. In particular, building work which can be heard at the boundary of the site should not be carried out on Sundays and Bank Holidays and shall only be carried out between the following hours: Monday- ÿÿFriday 08.00-18.30 Saturday- ÿ08.00-13.00 Sunday and Bank Holidays- No works at all.

8)

Construction Management
You are reminded that, if not properly managed, construction works can lead to negative impacts on the local environment, reducing residential amenity and the safe function of the highway. The Council can prosecute developers and their contractors if work is not managed properly. For advice on how to manage construction works in the Royal Borough please see the Council's website: www.rbkc.gov.uk/environmentandtransport/adviceforbuilders.aspx. From this page you will also find guidance on what to include in Construction Traffic Management Plans (where these are required).

9)

Party Wall Act
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 occupier(s) where the building owner intends to carry out work which involves: 1.ÿÿÿ Work involving an existing shared wall with another property; 2.ÿÿÿ Building on the boundary with a neighbouring property; 3.ÿÿÿ Excavating near a neighbouring building, and that work fallsÿwithin the scope of the Act.ÿ Procedures under this Act are separate from the need for planning permission and building regulations approval . 'The Party Wall etc. Act 1996: explanatory booklet is available at www.communities.gov.uk. (I71)

10)

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.

11)

Thames Water - Sewers
Under The Water Industry (Scheme for the Adoption of private sewers) Regulations 2011 sections of pipes you share with your neighbours, or are situated outside of your property boundary which connect to a public sewer are likely to have transferred to Thames Water's ownership. Should your proposed building work fall within 3 metres of these pipes we recommend you contact Thames Water to discuss their status in more detail and to determine if a building over/near to agreement is required. You can contact Thames Water on 0845 850 2777 or for more information please visit their website at Thames Water website .

12)

Thames Water
Thames Water requests that the Applicant should incorporate within their proposal protection to the property by, for example, the use of a non-return valve or other suitable device to avoid the risk of backflow at a later date, on the assumption that the sewerage network may surcharge to ground level during storm conditions.

13)

Unique text
In order to formally discharge condition 9 in respect of the Construction Traffic Management Plan, the Councils pro forma must be used which can be found on the following link: https://www.rbkc.gov.uk/environmentandtransport/transportandstreets/roadsandpavements/managingconstructiontraffic/ctmpguidance.aspx

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

Contact details

Planning case officer: Ben Brockey
Planning team: North
Email: [email protected]
Telephone: 020 7361 3012

Comment on this application

The consultation period for this application has ended.

Documents related to case PP/16/05374