Planning Search

1)

Time Limit The development hereby permitted shall be begun before the expiration of three 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)

Submission of details No development shall commence until detailed drawings, assessment details or samples of materials as appropriate, in respect of the following, have been submitted to and approved in writing by the local planning authority and the works shall not be carried out other than in accordance with the details so approved and shall thereafter be so maintained: Detailed section drawing (1:10) of the retractable roof, including a sample of glazing. The details shall also include measures to reduce light spill. Details of the proposed opening/closing mechanism for the new retractable roof, including details to demonstrate any resultant noise from its operation. The details shall demonstrate that opening/closing the roof would generate an acceptable noise impact in relation to existing background noise levels, either by the mechanism itself and/or appropriate mitigation measures.
Reason - In order to preserve the character and appearance of the building, terrace group and wider Pembridge Conservation Area and safeguard the existing living conditions of near neighbours, in accordance with policies CL3, CL5, CE6 and CL6 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.

4)

Noise from building services plant and vents Noise emitted by the plant, when operating concurrently or in individually, shall not increase the lowest existing measured background LA90(15min) level measured or predicted at 1.0m from the nearest residential window and/or at a height 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, they 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 Local Plan 2019.

5)

Anti-vibration mounts for extraction equipment All plant and equipment shall be supported on adequate proprietary anti-vibration mounts as necessary to prevent the structural transmission of vibration and regenerated noise within adjacent or adjoining premises, and these shall be so maintained thereafter. 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 Local Plan 2019.

6)

Acoustic Report - Compliance In order to comply with condition 3, the noise mitigation measures as specified in the Noise assessment (prepared by RBA Acoustics dated 30 January 2024 ref: 12971.RP01.AAR.8), shall be adopted and implemented in full. A post installation assessment shall be submitted to and approved in writing show compliance with condition 3.
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.

7)

Artificial Lighting - Details Prior to occupation of the development, details of external artificial lighting shall be submitted to and approved in writing by the Local Planning Authority. The details should include lighting contours to demonstrate that the vertical illumination of neighbouring premises is in accordance with the recommendations of the Institution of Lighting Professionals in the 'Guidance Note 1 for the reduction of obtrusive light 2021'. Details should also include measures to minimise use of lighting and prevent glare and sky glow by correctly using, locating, aiming and shielding luminaires. The approved details shall be implemented prior to occupation of the development and shall be maintained.
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.

8)

Garden Terrace Management Policy Except as required by Condition 11, the development hereby approved, shall be used in accordance with details set out in the 'Garden Terrace Management Policy to be used by all staff', received by the Local Planning Authority on 01 February 2024. The use of the garden shall be carried out in accordance with the measures set out within this policy and maintained for the lifetime of the development.
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.

9)

Arboricultural Impact Assessment - Compliance The development shall be carried out in accordance with the approved Arboricultural Impact Assessment, prepared by MDJ Trees dated January 2024, and shall be so maintained.
Reason - To ensure the proposals have an acceptable impact on trees in the Borough, in accordance with policy CR6 of the Local Plan 2019.

10)

Sustainable Urban Drainage System (SuDS) (for major and minor applications - implementation) During construction of the development hereby permitted the submitted Flood Risk Assessment (FRA) and Sustainable Urban Drainage System (SuDS), prepared by Create Consulting Engineers Ltd. (ref. JE/VL/P23-2986/01 Rev C) dated October 2023, 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.

11)

Use of outdoor area No customers shall use the outdoor areas at the rear of the premises, including the rear balcony and area of retractable roof, between the hours of 18:00 and 10:00 the following day on Mondays to Sundays and public holidays, and between which hours all windows and external doors to these areas shall be kept closed at all times except when required for the incidental entry or exit of goods
Reason - To safeguard the existing living conditions of neighbouring residents in accordance with Policies CL5 and CE6 of the Local Plan 2019.

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)

Category 3 development
This development has been categorised as Category 3 for the purposes of the Council's Code of Construction Practice, so does not require a condition securing a Checklist or Site Construction Management Plan (SCMP). You are reminded that the Code still applies to building works at the site with regard to working hours and other site practices, and you are advised to review the Code to be aware of its objectives https://www.rbkc.gov.uk/environment/code-construction-practice

5)

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.

6)

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 2018 (as amended), and the grant of planning permission does not imply that such approval will be given. The District Surveyor, Town Hall, Hornton Street, W8 7NX should be consulted before works commence.

7)

Unique text
WIth regards to providing the details for condition 8, the applicant is reminded to follow the recommendations of the Institution of Lighting Professionals in the 'Guidance Note 1 for the reduction of obtrusive light 2021' in respect of minimising light pollution.