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Property details

Case reference: PP/16/03014
Address: 39-40 Lowndes Square, LONDON, SW1X 9JL
Ward: Brompton and Hans Town
Polling district: 02
Listed Building Grade: N/A
Conservation area: Hans Town

Applicant details

Applicant's name: LS Investments Ltd
Applicant company name: Rolfe Judd Planning
Contact address: Old Church Court Claylands Road London SW8 1NZ

Proposal details

Application type: PP (Planning permission)
Proposed development Variation of condition 2 (compliance with approved drawings) of planning permission PP/14/08811 (demolition of rear of main building and mews and provision of 8 residential units) to include new drawing references concerning raising of ridge height of mews building.
Date received: 12 May 2016
Registration date:
(Statutory start date)
06 Jun 2016
Public consultation ends: 08 Jul 2016
Application status: Decided
Target date for decision: 01 Aug 2016

Decision details

This case has not yet been decided.

Decision: Grant Planning Permission/Consent
Decision date: 01 Aug 2016
Conditions and reasons:

1)

Time Limit The development hereby permitted shall be begun before the expiration of three years from the date of planning permission PP/13/07709 (18 February 2014).
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 buildings 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 the character of the area in accordance with policies of the development plan in particular policies CL1, and CL2 of the Consolidated Local Plan.

4)

Demolition - Contract Demolition shall not be commenced until a binding contract for the development of the site, in accordance with the development hereby approved if required, has been entered into.
Reason - To preserve the character and appearance of the Conservation Area in accordance with Policy CL3 of the Consolidated Local Plan.

5)

Approved details The development shall not be completed otherwise than in accordance with the details approved: under CON/14/03966: flue details, garage doors to the mews, proposed grilles and car lift maintenance and operations procedure; and under CON/14/06187: bricks for the rear elevation of the main property and for the mews, and proposed hit and miss louvered doors to mews.
Reason - To accord with the development plan by ensuring that the character and appearance of the area are preserved in accordance with policy CL1, CL2 and CL3 of the Consolidated Local Plan.

6)

Roof Material - Natural slates The roof slopes of the buildings hereby permitted shall be clad in natural slates, 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 Consolidated Local Plan.

7)

Dormer windows The cheeks of the dormer windows hereby approved shall be clad in lead and 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, and CL2 of the Consolidated Local Plan.

8)

Roof structures and appliances No water tank, lift motor room, or other structure or appliance other than which has been explicitly shown on the drawings hereby approved, shall be erected upon the roof.
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 and CL6 of the Consolidated Local Plan.

9)

Pipework - Front Elevation No plumbing or pipes, other than those shown on the drawings hereby approved, shall be fixed on the front elevation of the building.
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 and CL6 of the Consolidated Local Plan.

10)

Use of roof as terrace precluded The roofs of the rear outrigger extensions and the main roof of the property forming the subject of this planning permission shall not be used at any time as a terrace.
Reason - To avoid overlooking and disturbance to neighbouring properties and so accord with policies of the development plan, in particular policy CL5 of the Consolidated Local Plan.

11)

Sash windows and doors in painted timber External windows and doors hereby permitted on the front elevation of the main property , at first floor level and above on the rear elevation of the main property and on the front elevation of the mews shall be timber framed and painted, 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 Consolidated Local Plan.

12)

Doors Painted Timber The sash windows and doors hereby permitted at roof level on the rear elevation of the mews hereby approved shall be timber 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 Consolidated Local Plan.

13)

Professional management of engineering works In the event that the appointed engineer (Alan Baxter and Associates) ceases to be able to supervise the construction works 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 CL2(g) (ii) of the Consolidated Local Plan.

14)

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 Consolidated Local Plan.

15)

Code for Sustainable Homes The dwellings shall achieve Level 4 of the Code for Sustainable Homes and none shall be occupied until a final Code Certificate has been issued for it certifying that Code Level 4 has been achieved.
Reason - To ensure that the development contributes to the attainment of sustainable development and to comply with policy CE1 of the Core Strategy.

16)

Accord with approved CTMP The development shall not be carried out except in accordance with the Construction Traffic Management Plan approved under CON/14/04094: LS 006 Consturction Traffic Management Plan, 1448 CTMP Issue 2 V8 Sept 2014, 1448-SK01- CTMP.
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 CT1 and CL5 of the Consolidated Local Plan.

17)

Mechanical Service Plant Noise Noise emitted by any mechanical services plant located in the basement plant room areas, and from any ventilation intake or extract louvre or opening serving the plant or plant area, hereby permitted, 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 protect living conditions of neighbouring properties in accordance with policy CL5 of the Consolidated Local Plan.

18)

Anti-vibration mounts All plant and equipment within the basement plant areas, and including the car lift machinery, 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 protect living conditions of neighbouring properties in accordance with policy CL5 of the Consolidated Local Plan.

19)

Plant Noise Report Work shall not commence on installing the plant until a report has been submitted to and agreed in writing by the Local Planning Authority. The report shall show how compliance with council's noise requirements and the noise emission limit, as identified in section 6.3, page 8, of the Acoustic Report (prepared by Hoare Lea Acoustic Limited, dated 21 October 2013, reference 1005117-REP-PD-20131031-Acoustic report-1), will be achieved.
Reason - To protect living conditions of neighbouring properties in accordance with policy CL5 of the Consolidated Local Plan.

20)

Acoustic Treatment of Partitions The recommendations, contained within sections 7.0 to 9.0, pages 9 to 12, of the Acoustic Report (prepared by Hoare Lea Acoustic Limited, dated 21 October 2013, reference 1005117-REP-PD-20131115-Acoustic Quality Considerations-4) detailing the required specification for the acoustic treatment of separating partitions within the proposed development, to prevent the transmission of excessive airborne between the residential flats and communal plant areas, shall be adopted and implemented in full.
Reason - To protect living conditions of neighbouring properties in accordance with policy CL5 of the Consolidated Local Plan.

21)

Boilers and Combustion plant a) Prior to the completion of the basement, evidence must be provided to show that any chimney stack/flue will be located so that it is away from ventilation intakes or accessible areas and at a sufficient height to disperse the exhaust emissions. Details of all the proposed combustion plant including emissions and maintenance schedules shall be provided to the Local Planning Authority for written approval. Boilers shall have NOx emissions not exceeding 40mg/kWh of dry NOx (at 0% O2) and Combined Heat and Power plant must meet the London Plan Band B emissions standards. b) Prior to installation of the boilers and combustion plant, the final details of the boilers and combustion plant shall be submitted to the Local Planning Authority. Boilers shall have NOx emissions not exceeding 40mg/kWh of dry NOx (at 0% O2) and CHP plant must meet the relevant London Plan Band B emissions where any combustion plant does not meet the relevant standard it should not be operated without the fitting of suitable NOx abatement equipment or technology (evidence of installation shall be required).
Reason - To comply with Policy CE5 of the Consolidated Local Plan and 7.14 a and c of the London Plan.

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 Borough Development, 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 Borough Development.

4)

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 2000 (as amended), and the grant of planning permission does not imply that such approval will be given. The Director of Building Control, Town Hall, Hornton Street, W8 7NX should be consulted before works commence.

5)

Unique text
You are reminded of the requirements of the Environmental Protection (Duty of Care) Regulations 1991 regarding the responsibility of the developer to manage waste safely and avoid harm to human health or the environment. All soil/spoil materials to be exported off-site must be subject to appropriate waste classification assessment including waste acceptance criteria testing where necessary, and disposed of at an appropriately licensed facility.

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.

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:
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Deadline for comments to be received by the Planning Inspectorate:
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Contact details

Planning case officer: Katie Hurrell
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/16/03014