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Property details

Case reference: PP/23/08120
Address: Land between the rear of Eardley Crescent and the West London Line.
Ward: Earls Court
Polling district: 08
Listed Building Grade: N/A
Conservation area: Philbeach

Applicant details

Applicant's name: Earls Court Partnership Limited
Applicant company name:
Contact address: Earls Court Project Rooms London SW6 1TT

Proposal details

Application type: PP (Planning permission)
Proposed development Temporary planning permission for the installation of three Glass Reinforced Plastic (GRP) enclosures and full planning permission for a subterranean high voltage (HV) cable duct.
Date received: 07 Dec 2023
Registration date:
(Statutory start date)
19 Jan 2024
Public consultation ends: 10 Apr 2024
Application status: Decided
Target date for decision: 15 Mar 2024

Decision details

This case has not yet been decided.

Decision: Grant Planning Permission/Consent
Decision date: 23 Apr 2024
Conditions and reasons:

1)

Temporary permission for GRP enclosures The GRP enclosures shall be retained for a limited period only and removal of the temporary GRP enclosures from the site shall take place between 1 July 2028 and 31 July 2028, unless otherwise agreed in writing by the local planning authority in response to the submission of details pursuant to the discharge of this condition. Prior to any works commencing on the deconstruction and removal of the GRP enclosures from the site, further details shall be submitted to and approved in writing by the local planning authority, outlining how this will be carried out in accordance with relevant policies and best practice in force at the time, including in relation to: minimising nuisance from noise, dust and vibration; facilitating the reuse or recycling of waste materials; minimising any disturbance to trees and vegetation; and minimising any disruption to the local highway network. The works shall thereafter be carried out fully in accordance with the approved details.
Reason - To allow for the GRP enclosures to be in place for a limited period only to facilitate the redevelopment of the wider site, and to ensure adequate arrangements are in place for their removal.

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)

Trees - lopping and topping For the duration of works the tree(s) existing on or in close vicinity to the site at the date of this permission shall be protected so as to prevent damage above and below ground, and no tree shall be lopped, topped, or felled, or root pruned, without the prior written approval of the local planning authority.
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 Local Plan 2019.

4)

Compliance with Ecology Technical Note No development shall take place other than in accordance with the recommendations of the approved Technical Note (Ramboll ref 1620010725-006 v3, 10 October 2023), including through the use of measures to minimise external lighting during works, to prevent light spill on the rail sidings of the adjacent SINC and reduce duration of illumination at night.
Reason: To provide adequate protection for species and habitats of ecological value.

5)

Contamination - Watching brief, significant contamination and unexpected ground conditions A. No ground work relating to the construction of the high voltage cable shall take place unless an appropriately qualified environmental consultant is present to keep a watching brief for potential ground or groundwater contamination and unexpected ground conditions. B. If during groundwork significant or potentially significant contamination or unexpected ground conditions are encountered or suspected, on each occasion development work shall cease in the affected area, other than for actions to make the area safe and prevent further contamination or pollution occurring. Unexpected contamination shall be reported to the Planning Authority and Contaminated Land Officer within 2 working days or as soon as possible if there are significant risks to people or the environment. C. Further Intrusive Site Investigation (FSI) shall be undertaken and a Remediation Statement (RS), addressing the unexpected contamination, shall be submitted to and approved in writing by the local planning authority. The FSI and RS shall include full details of requirements for ongoing monitoring and maintenance and be prepared in line with the Environment Agency's current Land Contamination Risk Management Guidance and Council's guidance or any subsequent updates. D. Where work in an affected area has ceased it shall not recommence until the RS has been fully implemented and a verification report has been submitted to, and approved in writing by, the local planning authority. E. Within 3 months of the completion of groundworks associated with the construction of the high voltage cable, a verification report will be provided which includes: i. Observations, logs, photographs and plans of the ground conditions encountered during excavations ii. Details of any suspected or encountered contamination encountered and actions taken to address any encountered contamination or unexpected ground conditions iii. An

6)

Air Quality Management Plan (AQMP) and Dust Management Plan (SSDMP) The development hereby permitted shall only be carried out in full accordance with the details set out in the following approved documents: Air Quality Management Plan (AQMP) (EEMC, Ref EEMC-AQMP 001-Earls Court Development Project-362 Rev00, 05/04/24); Dust Monitoring Plan (EEMC, Ref EEMC-DMP 001-Earls Court HV Duct Bank-362 Rev00, 05/04/24).
Reason: To ensure any impact on air quality is both minimised and managed.

7)

Non-Road Mobile Machinery (NRMM) NRMM used on any site within the Clean Air Zone (CAZ) or Canary Wharf is required to meet Stage IV of EU directive 97/68/EC as a minimum, and NRMM used on the site of any major development within Greater London is required to meet Stage IIIB of EU directive 97/68/EC as a minimum or higher emission standards as set within the NRMM Low Emission Zone (LEZ) at the time of development.
Reason: To ensure any impact on air quality is both minimised and managed and to comply with the NPPF (2021), development plan policies and Air Quality policies of the Local Plan.

8)

Compliance with Draft Demolition and Construction Management Plan No development shall take place other than in accordance with the construction logistics proposals set out in the Draft Demolition and Construction Management Plan (Real PM, November 2023).
Reason: To ensure construction traffic does not have an unacceptable impact on the local highway network.

Informatives:

1)

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.

2)

Conditions - Precedent to Commencement
Conditions no(s) ****** 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)

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.

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)

Unique text
Highways Technical Approval - Separate Approval Technical Approval in accordance with the Design Manual for Roads and Bridges BD2/12 will be required for any structural works/alterations/repairs to structures over, under or adjacent to the public highway. The procedures only grant approval under the Highways Act. The granting of planning permission and building consent does not imply that such approval is given. Please contact the Directorate of Transportation and Highways for advice on 02073415220 or email [email protected]

6)

Unique text
Section 50 license under NRSWA - Separate approval A S50 licence may be required before the proposed works on the highway can be carried out. Please contact the Council's Highways team about the process involved in agreeing such a license prior to the commencement of works.

7)

Unique text
UK Power Networks UK Power Networks advise as follows: If the proposed works are located within 6m of the substation, then they are notifiable under the Party Wall etc. Act 1996. The Applicant should provide details of the proposed works and liaise with the Company to ensure that appropriate protective measures and mitigation solutions are agreed in accordance with the Act. The Applicant would need to be responsible for any costs associated with any appropriate measures required. Any Party Wall Notice should be served on UK Power Networks at its registered office: UK Power Networks, Newington House, 237 Southwark Bridge Road, London SE1 6NP. Our engineering guidelines state that the distance between a dwelling of two or more stories with living or bedroom windows overlooking a distribution substation should be a minimum of ten metres if the transformer is outdoor, seven metres if the transformer has a GRP surround or one metre if the transformer is enclosed in a brick building. It is a recognised fact that transformers emit a low level hum which can cause annoyance to nearby properties. This noise is mainly airborne in origin and is more noticeable during the summer months when people tend to spend more time in their gardens and sleep with open windows. A problem can also occur when footings of buildings are too close to substation structures. Vibration from the transformer can be transmitted through the ground and into the walls of adjacent buildings. This, you can imagine, is very annoying. In practice there is little that can be done to alleviate these problems after the event. We therefore offer advice as follows: 1. The distance between buildings and substations should be greater than seven metres or as far as is practically possible. 2. Care should be taken to ensure that footings of new buildings are kept separated from substation structures. 3. Buildings should be designed so that rooms of high occupancy, i.e. bedrooms and living rooms, do not overlook or have windows opening out over the substation. Minimum distance for this should be at least 10m. 4. If noise attenuation methods are found to be necessary, we would expect to recover our costs from the developer. Other points to note: 5. UK Power Networks require 24 hour vehicular access to their substations. Consideration for this should be taken during the design stage of the development. 6. The development may have a detrimental impact on our rights of access to and from the substation. If in doubt please seek advice from our Operational Property and Consents team at Barton Road, Bury St Edmunds, Suffolk, IP32 7BG. 7. No building materials should be left in a position where they might compromise the security of the substation or could be used as climbing aids to get over the substation surround. 8. There are underground cables on the site associated with the substation and these run in close proximity to the proposed development. Prior to commencement of work accurate records should be obtained from our Plan Provision Department at UK Power Networks, Fore Hamlet, Ipswich, IP3 8AA. 9. All works should be undertaken with due regard to Health & Safety Guidance notes HS(G)47 Avoiding Danger from Underground services. This document is available from local HSE offices. Should any diversion works be necessary as a result of the development then enquiries should be made to our Customer Connections department. The address is UK Power Networks, Metropolitan house, Darkes Lane, Potters Bar, Herts, EN6 1AG.

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:
Appeal decision:
Appeal decision date:

Contact details

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

Comment on this application

The consultation period for this application has ended.

Documents related to case PP/23/08120