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Property details

Case reference: PP/23/06322
Address: 37 Carlyle Square, LONDON, SW3 6HA
Ward: Stanley
Polling district: 18
Listed Building Grade: N/A
Conservation area: Chelsea Park/Carlyle

Applicant details

Applicant's name: Crawford and McLeod
Applicant company name: Palladian
Contact address: Studio A Meridian House Juniper Drive London SW18 1QS

Proposal details

Application type: PP (Planning permission)
Proposed development Variation of condition 2 (Compliance with approved drawings) of planning permission ref. PP/20/06495 for the relocation of previously approved condenser unit to basement level; relocation of front door; retain existing windows positions, instead enlarge x1 window at first floor level; retain existing roof light positions on front elevation and introduce x1 additional roof light on the flank elevation; party wall elevations have been corrected to show accurate levels, with party wall details subsequently reconfigured plus inclusion of revised drainage details (originally sought by condition) and revised re-landscaping plans (also originally sought by condition).
Date received: 28 Sep 2023
Registration date:
(Statutory start date)
28 Sep 2023
Public consultation ends: 29 Mar 2024
Application status: Decided
Target date for decision: 23 Nov 2023

Decision details

This case has not yet been decided.

Decision: Grant Planning Permission/Consent
Decision date: 02 May 2024
Conditions and reasons:

1)

Time Limit The development granted under the original permission ref. PP/20/06495 has been implemented.
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)

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 Local Plan 2019.

4)

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, and CL2 of the Local Plan 2019.

5)

Construction Traffic Management Plan (CTMP) The development shall be carried out only in accordance with the approved Construction Traffic Management Plan (dated January 2023) under planning application reference CON/23/01289 unless an alternative Construction Traffic Management Plan has first been submitted to and approved in writing by the local planning authority.ÿ The statement should include: ÿa)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. Should an alternative Construction Traffic Management Plan be approved the development shall be carried out only in accordance with that plan.
Reason - To minimise the impact of construction works upon highway safety and nearby residents' enjoyment of their p

6)

Professional management of engineering works Tim Wainwright BEng CEnm MIStructE from Price and Myers LLP as a Civil and Structural Engineering consultant shall 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.

7)

Considerate Constructors Scheme (CCS) The lead contractor, or the site, shall continue to be 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 Local Plan 2019. It is necessary for the condition to be on the basis that 'No development shall commence until' as compliance with the requirements of the condition at a later time would result in unacceptable harm contrary to the policies of the Development Plan.

8)

Code of Construction Practice No further works shall be carried out until An Appendix A Checklist and Site Construction Management Plan (SCMP) for the development have both been submitted to, and approved in writing, by the Council's Construction Management Team, and then B) Copies of the approved Checklist and Plan, and their written approval, have been submitted to the local planning authority to be placed on the property record. The development shall be carried out in accordance with the Appendix A Checklist and SCMP so approved, or in accordance with a subsequent Checklist or SCMP as may be approved under this condition. Note - The Council's Construction Management Team work independently of the planning department. For further information regarding the Code and how the required details should be submitted to them, the Council's Construction Management Team can be contactedÿon email at:ÿ[email protected] or tel: 020 7361 3002
Reason - To mitigate the impact of construction work upon the levels of amenity that neighbouring occupiers should reasonably expect to enjoy, and to comply with the Basements and Transport and Streets SPDs and policies CL5, CT1, CE5 and CE6 of the Local Plan 2019.

9)

Sewer flooding Prior to first occupation of the basement hereby approved, the basement shall be fitted with a positively pumped device designed to remove sewer floodwater from the building, which shall be maintained and functional at all times.
Reason - To protect the building from sewer flooding, in accordance with policies CE2 and CL7 of the Local Plan 2019.

10)

Trees and landscaping The development shall be carried out in complete accordance with the landscaping and planting scheme provided in drawing Nos 03A, 04, 10, 11 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 Local Plan 2019 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.

11)

Small-scale sampling condition No occupation or use of the new basement extension hereby permitted shall commence until the following information is submitted to, and approved in writing by, the local planning authority. A) A soil sampling and analyses exercise (SAE) are undertaken for any garden, landscaping and/or yard (GLY) area and a corresponding SAE report produced. B) Where mean concentrations of a chemical of concern within the soil over a part of or the whole of a site exceed generic or detailed quantitative risk assessment criteria (RAC), a remediation strategy (RS) is produced. C) Any approved RS shall be fully implemented and a verification report (VR) produced. D) A description and on-site sampling and laboratory analyses of imported soils and fills (ASF) will be provided demonstrating that these materials are suitable for use. Where remedial measures are implemented to protect end-users of the development they shall be so maintained. The EHI, SAE, SAE Report, RS, VR and any unexpected contamination identified during the SAE and development shall be addressed in line with the Council's contaminated land guidance for small scale investigation works in garden, landscaped and yard areas: small residential refurbishments.'
Reason - To ensure any risks from land contamination are both minimised and managed and comply with the NPPF and development plan policies, in particular policy CE7 of the Local Plan 2019.

12)

Small-scale ground gas and vapour condition (A)The development shall be carried out only in accordance with the approved gas and vapour assessment report under planning application reference CON/21/02449. (B) No occupation or use of the new basement extension hereby permitted shall commence until the approved RS is implemented and a Verification Report (VR) and evidence of any unexpected contamination identified during the development is submitted to, and approved in writing by, the local planning authority.
Reason - To ensure any long-term risks from ground gas and vapours and other contamination are minimised, to comply with the NPPF and development plan policies, in particular policy CE7 of the Local Plan 2019

13)

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 Local Plan 2019, and to accord withÿ CLR 11: Model Procedures for the Management of Land Contamination (Defra 2004) or the current UK requirements for sampling and testing).

14)

Noise from building services plant and vents Noise emitted by all building services plant and vents shall not exceed a level 10dBA below the existing lowest LA90(10min) background noise level at any time when the plant is operating, and where the source is tonal it shall not exceed a level 15dBA below. The noise emitted shall be measured or predicted at 1.0m from the facade of the nearest residential premises or at 1.2m above any adjacent residential garden, terrace, balcony or patio. The plant shall be serviced regularly in accordance with the manufacturer's instructions and as necessary to ensure that the requirements of the condition are maintained. If at any time the plant is determined by the local planning authority to be failing to comply with this condition, it shall be switched off upon written instruction from the local planning authority and not used again until it is able to comply.
Reason - To prevent any significant disturbance to residents of nearby properties and comply with development plan policies, in particular policy CL5 of the Local Plan 2019.

15)

Anti-vibration mounts for air-conditioning/ extraction equipment The plant shall not operate unless it is supported on adequate proprietary anti-vibration mounts to prevent the structural transmission of vibration and regenerated noise within adjacent or adjoining premises, and these shall be so maintained thereafter.
Reason - To prevent any significant disturbance to residents of nearby properties and comply with development plan policies, in particular policy CL5 of the Local Plan 2019.

16)

Compliance Report In order to comply with condition 14, the noise mitigation measures as specified in the Environmental Noise Assessment provided by Sustinable Acoustics Ref No 22/0139-0 R01, or similar that provide the same or greater acoustic attenuation shall be adopted and implemented in full. A post installation assessment shall be carried out and submitted to the approval of the Local Planning Authority no later than 3 months from the date of the installation of the equipment. The assessment shall show compliance with condition 14.
Reason - The details are material to the acceptability of the proposals, and to ensure accordance with the development plan.

17)

Access door to Old Church Street The new access door facing onto Old Church Street to the rear of the site shall not open onto the public pavement and any time and it shall be so maintained.
Reason - The details are material to the acceptability of the proposals, and to ensure accordance with the development plan.

18)

Roof Material - Natural slates The replacement roofing to the building hereby permitted shall be clad in natural slates, 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 CL3 of the Local Plan 2019.

19)

Conservation rooflights The rooflights shall be of a traditional conservation type, flush with the roof and slim framed, 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, and CL2 of the Local Plan 2019.

20)

Sustainable Urban Drainage System (SuDS) (for major and minor applications - implementation) During construction of the development hereby permitted the submitted Sustainable Urban Drainage System (SuDS) shall be fully implemented and maintained thereafter.
Reason - To reduce flood risk and to contribute to sustainability in accordance with policy CE2 of the Local Plan 2019.

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 Place, 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 Place.

4)

GTD/No pre-app/Est.Guid/No amend reqd
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, and which has been followed in this instance.

Committee details

Decision by: This case is currently due to be decided by the Planning Applications Committee.
Date:23 Apr 2024
Venue:The Council Chamber
Report item number:S43

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: Cheryl Collins
Planning team: South
Email: [email protected]
Telephone: 020 7361 3012

Comment on this application

The consultation period for this application has ended.

Documents related to case PP/23/06322