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Property details

Case reference: PP/23/03303
Address: 117 Old Church Street, LONDON, SW3 6EA
Ward: Stanley
Polling district: 18
Listed Building Grade: 2
Conservation area: Chelsea Park/Carlyle

Applicant details

Applicant's name: A Rupert
Applicant company name: Triptych PD Ltd
Contact address: Platf9rm Hove Town Hall Church Road Hove BN3 2AF

Proposal details

Application type: PP (Planning permission)
Proposed development Replacement of non-original rear extension; construction of basement below replacement extension; internal alterations including reinstatement of original features and removal of non-original partitions; replacement of non original secondary glazing on front facade; replacement single glazing with double within existing sash windows on rear facade; improvement in building's energy performance including roof PV solar panels; replacement of garden structure with an ancillary building; revised landscaping design
Date received: 22 May 2023
Registration date:
(Statutory start date)
22 May 2023
Public consultation ends: 23 Jun 2023
Application status: Decided
Target date for decision: 17 Jul 2023

Decision details

This case has not yet been decided.

Decision: Grant Planning Permission/Consent
Decision date: 29 Sep 2023
Conditions and reasons:

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 EX-00-010, 22214-EP-A-00-PL-M-1000 P1, 22214-EP-A-00-PL-M-1001 P1, 22214-EP-A-00-PL-M-1002 P1, 22214-EP-A-01-PL-M-1003 P1, 22214-EP-A02-PL-M-1004 P1, 22214-EP-A-03-PL-M-1005 P1, 22214-EP-A-00-PLM-2000 P1, 22214-EP-A-00-PL-M-20001 P1, 22214-EP-A-00-PL-M2002 P1, 22214-EP-A-01-PL-M-2003 P1, 22214-EP-A-02-PL-M-2004 P1, 22214-EP-A-03-PL-M-2005 P1, 2214-EP-A-00-PL-M-3000 P1, 22214-EP-A-00-PL-M-3001 P1, 22214-EP-A-00-PL-M-3002 P1, 22214-EP-A-01-PL-M-3003 P1, 22214-EP-A-02-PL-M-3004 P1, 22214-EP-A03-PL-M-3005 P1, 22214-EP-A-00-PL-PH-1002 P1, 22214-EP-A-01-PL-PH-1003 P1, 22214-EP-A-02-PL-PH-1004 P1, 22214-EP-A-03-PLPH-1005 P1, 22214-EP-A-LG-PL-M-4001 P1, 22214-EP-A-LG-PL-M4002 P1,22214-EP-A-LG-PL-M-4003 P1, 22214-EP-A-LG-PL-M-4004 P1, 22214-EP-A-R-M-4005 P1, 22214-EP-A-SCH-M-0001 P1, 22214-EP-A-SCH-M-0002 P1, 22214-EP-A-SCH-M-0003 P1, 22214-EP-ASCH-M-0004 P1, DE-01-099, DE-01-100, DE-01-101, DE-01-102,DE01-103, DE-01-104, DE-01-150, DE-01-200, DE-01-201, DE-01-202, DE-01-203, DE-01-250, DE-01-300, DE-01-301, DE-01-302, DE-01-303, DE-01-304, DE-01-305, DE-01-350, PL-00-011, PL-00-098, PL-00-099, PL-00-100, PL-00-101, PL-00-102, PL-00-103, PL-00-104, PL-00-150, PL-00-200, PL-00-201, PL-00-202, PL-00-203, PL-00-204, PL-00-250, PL-00-300, PL-00-301, PL-00-302, PL-00-303, PL-00-304, PL-00-305, PL-00-306, PL-00-350, PL-21-100, PL-24-100, PL-27-100, PL-27-101, PL-31-100, PL-31-101, PL-31-102, PL-31-103, PL-31-104, PL-33-100, PL-33-101, PL-33-200, PL-33-201, PL-33-202, PL-35-100, PL-43-098, PL-43-099, PL-43-100, Pl-43-101, PL-43-102, PL-43-103, PL-43-200, PL-45-90, PL-45-100, PL-45-200, PL-46-200, PL-62-098, PL-62-099, PL-62-100, PL-62-101, PL-62-102, PL-62-103, PL-77-99, PL-77-100, PL-77-101, PL-77-200, PL-77-201, PL-77-300, PL-77-350 and shall be so maintained.
Reason - The details are material to the acceptability of the proposals, an

3)

Professional management of engineering works No development shall commence until (A) a Chartered Civil Engineer (MICE) or Chartered Structural Engineer (MI Struct.E)ÿhas been appointed for the duration of building works and their appointment confirmed in writing to the Local Planning Authority, and (B) the name, and contact details of the person supervising engineering and construction on site for the duration of building works have been confirmed in writing to the Local Planning Authority.ÿ In the event that either the Appointed Engineer or Appointed Supervisor cease to perform that role for whatever reason before the construction works are completed, those works shall cease until a replacement chartered engineer of the afore-described qualification or replacement supervisor 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 and supervisor are 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 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)

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 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.

5)

Code of Construction Practice No development shall commence 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. 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 Local Plan 2019.

6)

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.

7)

Submission of details (Full PP) Prior to relevant works full particulars of the following shall 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) Details of the proposed railings to the front elevation of the host building.
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)

Tree Protection: The method(s) by which all existing trees on the site and adjacent land are to be protected during site preparation and the course of construction shall be in accordance with the SJA trees, Arboricultural Implications Report Proposed Construction at 117 Old Church Street - May 2003.
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 Local Plan 2019.

9)

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 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.

10)

Noise Noise emitted by all building services plant including from atmospheric vents shall be -10dBA below the existing measured lowest LA90(15min) background noise level at any time when all plant is in use, where the plant noise source is tonal it shall be -15dBA. The noise emitted shall be measured or predicted at 1.0m from the facade of the nearest residential window or at 1.2m above any adjacent residential garden, terrace, balcony or patio. The equipment 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 protect the amenities of residential occupiers in accord with policy CL5 of the Local Plan 2019.

11)

Plant All building services plant located externally within the development shall be supported on adequate proprietary anti-vibration mounts as necessary to prevent the transmission of vibration and regenerated noise to within adjacent parts of the proposed building(s) and these shall be so maintained thereafter.
Reason - To protect the amenities of residential occupiers in accord with Policy CL5 of the Local Plan 2019.

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 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).

13)

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, and maintained thereafter: (a) Materials to be used on the external faces of the building(s) including the outbuilding; (b) Hard and soft landscaping and external lighting, (c) Details of mitigation measures along the terrace to the southern boundary to include a permanent buffer zone of no less than 1.4m to the shared boundary. The details shall include elevations and sections of the selected mitigation strategy / buffer zone and supporting information to demonstrate that the buffer zone will not support tall planting and/all tall structures, in perpetuity. The agreed measures shall be installed prior to first use of the terrace and maintained as such thereafter; (d) Site drainage details; and (e) Means of reducing the transmission of noise from the premises.
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. 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)

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. The statement should include: a) 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) access arrangements to the site; c) the estimated number and type of vehicles per day/week; d) details of any vehicle holding area; e) details of the vehicle call up procedure; f) 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) work programme and/or timescale for each phase of preparation, demolition, excavation and construction work associated with the development; i) details of measures to protect pedestrians and other highway users from construction activities on the highway; and j) 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. A one page summary of the requirements of the approved CTMP shall be affixed to the frontage of the site for the duration of the works at a location where it can be read by members of the public.
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 Local Plan 2019.ÿ It is necessary for the condition to be on the

Informatives:

1)

Party Wall Act 1996
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 property freeholders and leaseholders and anyone who has had an interest of 12 months or greater, where the building owner intends to carry out work which involves: Work involving an existing shared wall with another property; Building on the boundary with another property; Excavating near a neighbouring building, and that work falls within the scope of the Act Notice should be served on neighbours at least one month before commencement of building works. Section 12(1) of the Act provides for the developer to provide security for neighbours through insurance or a security bond. Procedures under this Act are separate from the need for planning permission and for building regulations approval. Further guidance is available at: Party Wall Act 1996

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)

Listed Building Reminder on Enforcement
You are reminded that no work should commence on implementing this Listed Building Consent until all matters, samples, and details reserved by condition have been submitted to, and approved by, this local planning authority. It is an offence to carry out work to a Listed Building unless all such conditions have been complied with. Any proposed departure from the works specified in the approved drawings should be brought to the attention of the planning department for further consideration before the work is carried out. The Council will use its enforcement powers, including use of Breach of Condition Notices or Prosecution, to ensure compliance with conditions and prevent harm to the special historic character and historic interest of Listed Buildings. You are advised that there is currently a maximum fine of o20,000 if the offence is dealt with summarily, and if the offence is dealt with by indictment the fine is unlimited.

5)

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.

6)

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.

7)

Unique text
Technical Approval in accordance with the Design Manual for Roads and Bridges CG 300 will be required for any structural works/alterations/repairs to structures over, under or adjacent to the public highway, in order to ensure highways loading is considered within the design process. The procedures only grant approval under the Highways Act 1980 (as amended.) The granting of planning permission and building consent does not imply that such approval is given. Please contact the Directorate of Transport and Regulatory Services for advice on 0207361 3001 or email [email protected]

Committee details

Decision by: This case is currently due to be decided by the Planning Applications Committee.
Date:26 Sep 2023
Venue:The Council Chamber
Report item number:S087

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: Emma Gore
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/23/03303