Planning Search

1)

Time Limit The development hereby permitted shall be begun before the expiration of three years from 10/04/2020, being the date of the original permission granted under ref. PP/19/08400.
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)

Trees and landscaping - Details required The landscaping planting plan shall be carried out in accordance with the details hereby approved, and so shall be maintained.
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. 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)

Submission of Details - Privacy Screen Prior to first use of the approved rear terrace, details of a privacy screen along the boundary of No.3 and No.4 Netherton Grove shall be submitted to and approved in writing by the local authority. The approved details shall be implemented in full before first use and thereafter be retained as such.
Reason: to protect the amenity of the neighbouring property at No.3 Netherton Grove.

5)

Materials - To match existing All work and work of making good shall be finished to match the existing exterior of the building in respect of materials, colour, texture, profile and, in the case of brickwork, facebond and pointing, and shall be 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, CL2, CL3 and CL6 of the Local Plan 2019.

6)

Sash windows and doors in painted similar material External windows and doors hereby permitted shall be replaced with material similar to the original and painted, with the windows being double hung, white painted, sliding sashes, 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 CL2 of the Local Plan 2019.

7)

Roof Terrace - Black painted railings The railings to the roof terrace 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 of the Local Plan 2019.

8)

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

9)

Submission of details (Full PP) - green roof The green roof shall be carried out in accordance with the details approved under planning permission ref. CON/20/05254 and so maintained.
Reason - To accord with the development plan by ensuring that the character and appearance of the area are preserved.

10)

Construction Traffic Management Plan (CTMP) The development shall be carried out in accordance with the approved Construction Traffic Management Plan under planning ref. CON/20/06980. 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 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)

Professional management of engineering works The engineering and construction on site for the duration of building works shall be overseen by the Appointed Engineer approved under planning ref. CON/20/0525. 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

12)

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.

13)

Privacy (Obscured glazing, fixed shut) The windows hereby permitted in the side elevation of the building shall be obscurely glazed, fixed shut, and so maintained.
Reason - To safeguard the privacy of neighbouring property, and so accord with policy CL5 of the Local Plan 2019.

14)

Privacy (Obscured glazing to roof) The glazed roof in the new side/rear extension hereby permitted shall only be obscurely glazed, and shall be so maintained.
Reason - To safeguard the privacy of neighbouring property, reduce light spillage and so accord with policy CL5 of the Local Plan 2019.

15)

Code of Construction Practice The development shall be carried out in accordance with the Appendix A Checklist and Site Construction Management Plan (SCMP) as approved by the Council's Construction Management Team on 23/11/2021.
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.

16)

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.

17)

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.

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)

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.

3)

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

4)

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.

5)

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.

6)

Unique text
The responsibility to properly address contaminated land issues, including safe development and secure occupancy, and irrespective of any involvement by the Royal Borough, lies with the owner/developer of the site.ÿ Like other urban areas most of the borough is covered by Made Ground, which is usually a mixture of soil, demolition and waste products.ÿ A ground investigation for the site, reported under PP/19/08400 (Soils Limited, Basement Impact Assessment at 4 Netherton Grove, London, November 2019), identified the presence lead concentrations in the Made Ground above generic assessment criteria for residential land uses. The owner or developer of the property may wish to consider contaminated land issues further before development work starts. Based on this information, observations made during groundworks or as a precaution, the developer should consider whether measures should be taken to investigate or address possible contamination issues.ÿ This may, for example, involve undertaking a more detailed unexploded ordnance assessment, undertaking historical searches or investigation work or providing enhanced ground gas and vapour protection.ÿ The applicant/developer is advised to review the CLC2, CLC3 and CLC5 guidance on the Council's website (https://www.rbkc.gov.uk/environment/advice-builders/land-contamination). The applicant/developer is requested to contact the Royal Borough's Contaminated Land Officer (Pollution Regulatory Team) (Tel: 020 7361 3002 email: [email protected]) as soon as is practicable should contamination be encountered during the development of the site. Contamination will often be evident either visually or from odours. Visual evidence of contamination may include staining by oil/fuel, coloured liquids/soils uncharacteristic of soil or groundwater, or debris (e.g. asbestos) being present. Odours will usually be obvious and smell of fuels/solvents, be pleasant or unpleasant, or otherwise be uncharacteristic of soil or groundwater. Where land contamination is found during the course of the development, we would recommend that an appropriate level of desk study research and investigation work is undertaken to identify and assess risks from land contamination. Guidance on land contamination planning issues is available from the Council's website.ÿÿ It is the responsibility of the developer to ensure that they comply with the requirements of Contaminated Land, Health & Safety, Waste Management, the Control of Asbestos and Environmental Damage Regulations. The UK Health Security Agency and HSE policy and guidance recommends and, in some cases, requires, that the owner and/or occupier of buildings undertake radon monitoring in all occupied and used basement areas.ÿ Radon monitoring should therefore be undertaken in line with these requirements.ÿ If monitoring identifies radon levels above the target level of 100Bq/m3 within a dwelling or above the relevant action level for occupational exposure, actions are recommended and for workplaces, may be required by the HSE.ÿ If radon is identified above 100Bq/m3 during future monitoring, please inform the Council at [email protected].