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Property details

Case reference: PP/22/07718
Address: Wornington Green Estate - Land bounded by the main railway, Wornington Road, Munro Mews,Portobello Road and including land fronting Ladbroke Grove near the Barlby Road junction London W10
Ward: Golborne
Polling district: 09
Listed Building Grade:
Conservation area:

Applicant details

Applicant's name: Catalyst Housing Limited
Applicant company name: CBRE Ltd
Contact address: Henrietta House Henrietta Place London W1G 0NB

Proposal details

Application type: PP (Planning permission)
Proposed development Variation of Condition 8 (tree protection scheme to retain two additional trees in Phase 2), Condition 28 (Land contamination Verification Report submission triggers); Condition 39 (Phasing Strategy of demolition and construction of Phases 2 and 3), Condition 41 (energy system to provide Combined Heat and Power plant and boiler in Phase 1 and Phase 2A Block 4 and Air Source Heat Pump system in Phase 2B Block 6), Condition 65 (energy system to provide Air Source Heat Pump system in Phase 2B Block 6), Condition 74 (scheme drawings to show parameter heights of Phase 2B Block 6), and Condition 75 (to refer to Wheelchair User Dwellings) of planning permission PP/13/04516 granted 31 January 2014 for Variation of Conditions 2, 7, 39, 48 and 62 (to allow amendments involving the re-phasing of remaining development, amendments to the parameter plans for block 6, amendments to wheelchair unit provision in Phase 1 and amendments to Tree Retention and Removal Plan to remove 2 trees) of planning permission granted 31st March 2010 (PP/09/02786) for the demolition of existing buildings and temporary partial loss of existing open space (Athlone Gardens) to facilitate redevelopment to provide new residential accommodation of up to 1,000 units, up to a maximum of 3,104 square metres (GEA) of non residential floorspace (within Classes A1, A2, A3, A5 and/or Class B1 Use Classes), reprovision of community facilities and associated outdoor adventure playspace (total 1,883 square metres) (within Use Classes D1 and D2), relocation and reprovision of an area of open space (Athlone Gardens) (9,186 square metres), reprovision of 20 lock ups (within Use Class B8), provision of a temporary energy centre in Phase 1 to be replaced by a permanent energy centre, provision of landscaping, provision of a new internal road network based on a traditional internal street pattern, access junctions and associated roads including the reconnection of the junction with the external road network at Ladbroke G
Date received: 15 Dec 2022
Registration date:
(Statutory start date)
15 Dec 2022
Public consultation ends: 28 Jul 2023
Application status: Decided
Target date for decision: 16 Mar 2023

Decision details

This case has not yet been decided.

Decision: Granted subject to legal agreement
Decision date: 17 Apr 2024
Conditions and reasons:

1)

(***DEVELOPMENT UNDER REF. PP/09/02786 AS VARIED BY REF. PP/13/04516 IMPLEMENTED ON 1 FEBRUARY 2014***) Time Limit The development hereby permitted shall be begun either before the expiration of five years from the date of the permission under ref. PP/09/02786 granted on 31 March 2010 or before the expiration of two years from the date of approval of the last of the reserved matters to be approved, whichever is the later.
Reason - As required by Section 92 of the Town and Country Planning Act 1990, to avoid the accumulation of unexercised planning permissions.

2)

(***AMENDED UNDER REFS. PP/13/04516 AND NMA/22/06338***) Submission of Reserved Matters In respect of any phase other than Phase 1 of the development hereby approved, applications (including the submission of layouts, plans, sections and elevations) for approval of the following reserved matters: a) appearance b) landscaping c) layout d) scale e) means of access shall be made no later than the following time periods: For Phase 2 of the development, the first submission must be made within five years beginning with the date of the permission granted under ref. PP/13/04516; For Phase 3 of the development, the first submission must be made within nine years beginning with the date of this permission granted under ref. PP/13/04516. These reserved matters shall be submitted to and agreed in writing by the Local Planning Authority. The components comprising Phases 2 - 3 shall in all aspects be carried out in accordance with the details so approved and shall be so retained.
Reason - The particulars hereby reserved are considered to be material to the acceptability of the development and accordance with the Development Plan.

3)

(***DISCHARGED UNDER REFS. CON/09/02787/AD AND CON/15/07107***) Phase 1 - design details Prior to commencement of Phase 1 of the development full particulars of the following shall be submitted to and approved in writing by the Major Planning Development Committee for the Local Planning Authority and the development shall not be carried out otherwise than in accordance with the details so approved and shall be so retained: a) samples of all materials to be used on the external faces of Blocks 1, 2 and 3; b) samples of materials and detailed drawings (at scale 1:20) of all fenestration, including surrounds, panelling, framing and glazing details, balustrades and balconies (including all roof terraces) of Blocks 1, 2 and 3; c) samples of materials and detailed drawings (at scale 1:20) of all top storeys to Blocks 1, 2, and 3. These details should include a reduction in the floor to ceiling heights of the top storeys of these buildings; d) details of all elevations (at scale 1:20) including entrances to Blocks 1, 2 and 3, including details such as parapet line, string course and cornice; e) the treatment of all open land within the site including hard and soft landscaping, this should include details of the size and type of trees proposed within the site together with detailed drawings (at scale 1:20) showing the associated tree pits for all of Phase 1; and f) all proposed boundary treatments including all proposed walls, fences, or railings.
Reason - To preserve the character and appearance of the buildings and area in accordance with the Development Plan, in particular Policies CL1, CL2 and CL11 of the Local Plan 2019.

4)

(***DISCHARGED UNDER REF. CON/09/02787/ad8***) Phase 1 - Block 1 cycle parking and ventilation to basement car park Full particulars of the following in respect of Phase 1 of the development shall be submitted to and approved in writing by the Local Planning Authority prior to commencement of Phase 1 (save for demolition) and the development shall not be carried out otherwise in accordance with the details so approved and shall be so retained: a) details of cycle parking to Block 1 to external cycle stores; and b) details of means of external ventilation including that to the basement car park.
Reason - To ensure the safe and sustainable movement of traffic on the highway in accordance with the Development Plan, in particular Policy CT1 of the Local Plan 2019.

5)

Planting and replanting All planting, seeding and turfing, forming part of the approved details of landscaping, shall be carried out on a phase by phase basis in the first planting and seeding season following the first occupation of that phase of the development or the completion of the development of each phase, whichever is the sooner. Any trees or plants which, within a period of 5 years from the first planting and seeding season referred to above, die, are removed, or become seriously damaged or diseased, shall be replaced in the next planting season with others of similar size and species, unless otherwise approved in writing by the Local Planning Authority.
Reason - To protect the appearance and amenity of the area in accordance with the Development Plan, in particular Policy CR6 of the Local Plan 2019.

6)

Tree works During the implementation of this permission, no trees identified within the tree retention strategy hereby approved within the site 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 in accordance with the Development Plan, in particular Policy CR6 of the Local Plan 2019.

7)

(***AMENDED BY REF. PP/13/04516***) Phase 1 - Tree works The works shown on drawing No 50015401-TS-001 (Rev L) (in conjunction with drawing No IA-353-TP-P02) and the Existing Tree Condition and Tree Retention Strategy detailing tree removal, tree retention, tree protection and new planting during Phase 1 of the development hereby approved shall be completed in full. Any alterations to these drawings shall be submitted to and agreed in writing by the Local Planning Authority prior to the commencement of the relevant part of the works and these works shall not be carried out otherwise in accordance with the details so approved.
Reason - To ensure that the trees are adequately protected, to safeguard their contribution to theÿappearance and amenity of the area in accordance with the Development Plan, in particular Policy CR6 of the Local Plan 2019.

8)

(***AMENDED BY REF. PP/22/07718***) Tree Protection Scheme The tree protection scheme as indicated on Arboricultural Method Statement Rev 1.2 dated 7 November 2022 prepared by Treework Environmental Practice and drawing no. 221107-1.9-WR-TPP-NC Tree Protection Plan dated November 2022 shall be adopted in full and shall not be carried out otherwise than in accordance with the details so approved.
Reason - To ensure that the trees are adequately protected, to safeguard their contribution to theÿappearance and amenity of the area in accordance with the Development Plan, in particular Policy CR6 of the Local Plan 2019.

9)

(***DISCHARGED UNDER REF. CON/09/02786/ad1***) Phase 1 - Drainage System Notwithstanding the details shown on Drawing 50015401-DT-011 (Rev E), further details of the drainage system shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of works on site and the development shall not be carried out otherwise in accordance with the details so approved.
Reason - To reduce flood risk and to contribute to sustainability in accordance with the Development Plan, in particular Policy CE2 of the Local Plan 2019.

10)

(***DETAILS CONFIRMED FOR PHASE 1 AND FOR PHASE 2 UNDER REF. PP/13/04516) Appointment of arboriculturalist A suitably qualified arboriculturalist with membership of the appropriate professional body shall be appointed to supervise the tree protection measures approved under Condition 8 of this permission throughout the duration of the development on a phase by phase basis. These measures shall include all protective fencing around existing trees and excavations and storage of materials within the root protection areas. The terms of the appointment shall be confirmed in writing to the Local Planning Authority prior to the commencement of development of each phase.
Reason - To ensure that the trees are adequately protected, to safeguard their contribution to theÿappearance and amenity of the area in accordance with the Development Plan, in particular Policy CR6 of the Local Plan 2019.

11)

(***PARTIALLY DISCHARGED FOR PHASE 1 UNDER REF. CON/09/02786/ad7 AND FOR PHASE 2 UNDER REF. CON/16/05959***) Sound insulation For each phase of the development, noise levels within habitable rooms shall comply with the recommendations of BS8233:1999 'Sound Insulation and noise reduction for buildings. The sound insulation of the facades of the buildings shall achieve the standard of sound insulation required, as defined in BS8233:1999. Details of the fa╪ade construction, including glazing, with commensurate composite sound insulation performance predictions shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of the relevant part of the development and shall be installed prior to occupation of the relevant part of the development and be so retained.
Reason - To prevent any significant disturbance to nearby residents in accordance with the Development Plan, in particular Policy CL5 of the Local Plan 2019.

12)

(***PARTIALLY DISCHARGED FOR PHASE 1 UNDER REF. CON/09/02786/ad2 AND FOR PHASE 2 UNDER REFS. CON/16/05269, CON/21/07338 and CON/22/02429***) Demolition and Construction Method Statement Prior to the commencement of works on site for each phase (including works of demolition) a Demolition and Construction Method Statement (DCMS) shall be submitted to and approved in writing by the Local Planning Authority in respect of this phase. The Method Statement shall detail and include measures in accordance with the best practicable means, used to minimise construction noise and vibration. The DCMS shall include reference to the paragraphs 8.93 - 8.96 of the submitted Environmental Statement Vol 1 (prepared by Campbell Reith Hill LLP). The details so approved shall be implemented in full.
Reason - To prevent any significant disturbance to nearby residents in accordance with the Development Plan, in particular Policy CL5 of the Local Plan 2019.

13)

Anti-vibration mounts All building services plant 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 be so retained.
Reason - To prevent any significant disturbance to nearby residents in accordance with the Development Plan, in particular Policy CL5 of the Local Plan 2019.

14)

(***PARTIALLY DISCHARGED FOR PHASE 1 UNDER REF. CON/09/02786/ad7 AND FOR PHASE 2 UNDER REF. CON/16/05959***) Noise survey and report for building services plant Prior to the commencement of works for each phase, a noise survey and report relating to that phase shall be submitted to and approved in writing by the Local Planning Authority. The report shall show how noise from building services plant when installed will comply with Conditions 11 and 13 and the Rating Noise Limits for electrical and mechanical plant in Table 8.24 of the submitted Environmental Statement Vol 1 (prepared by Campbell Reith Hill LLP). The measures in the report so approved shall be implemented in full on a phase by phase basis and be so maintained.
Reason - To prevent any significant disturbance to nearby residents in accordance with the Development Plan, in particular Policy CL5 of the Local Plan 2019.

15)

Noise emission limit on building services plant Noise emitted by all building services plant including that from atmospheric vents shall be 10dBA below the existing measured lowest LA90 (10 min) background noise level at any time when all plant is in use. The noise emitted shall be measured or predicted at 1.0 metre from the facade of the nearest residential window or at 1.2 m above any adjacent residential garden, terrace, balcony or patio. Should the plant fail to comply with this condition at any time, it shall be switched off and not used again until it is able to comply.
Reason - To prevent any significant disturbance to nearby residents in accordance with the Development Plan, in particular Policy CL5 of the Local Plan 2019.

16)

Ventilation systems If ventilation systems are required in order to comply with the requirements of Condition 11, for Phase 1 these shall comply with Document F1 of the Building Regulations 2000 (as amended), and for Phase 2 and Phase 3 these shall comply with Approved Document F of the Building Regulations 2021. All ventilation systems installed shall have adequate sound attenuation properties that maintain the facade sound insulation as required by Condition 11.
Reason - To prevent any significant disturbance to nearby residents in accordance with the Development Plan, in particular Policy CL5 of the Local Plan 2019.

17)

(***PARTIALLY DISCHARGED FOR PHASE 1 UNDER REF. CON/09/02786/ad7 AND FOR PHASE 2 UNDER REF. CON/16/05959***) Vibration Dose Values Vibration Dose Values (VDVs) as defined in BS 6472-1.2008 shall not exceed those in Table 1 of BS 6472. The measured or calculated VDVs generated as a result of vibration affecting the site shall be adjusted as necessary to allow for transfer functions from the ground to the foundations and to the upper floors of the proposed development. Where it is predicted that Vibration Dose Values will exceed those stated in Table 1, at any floor, mitigation measures to reduce vibration dose values to the levels stated in Table 1 BS 6472 shall be submitted to and approved in writing by the Local Planning Authority. The measures so approved shall be implemented in full on a phase by phase basis and so retained.
Reason - To prevent any significant disturbance to nearby residents in accordance with the Development Plan, in particular Policy CL5 of the Local Plan 2019.

18)

(***PARTIALLY DISCHARGED FOR PHASE 1 UNDER REFS. CON/09/02786/ad3, CON/14/01477 AND CON/15/05548, AND FOR PHASE 2 UNDER REFS. CON6/16/05371, CON/17/02360, CON/18/08414, CON/18/08596, CON/21/07151 AND CON/22/02429, AND AS AMENDED BY REF. NMA/16/04642***) Demolition or Construction Traffic Management Plan A Demolition or Construction Traffic Management Plan (DTMP or CTMP) shall be submitted to and approved in writing by the Local Planning Authority prior to each phase (or sub phase) of the development. The DTMP or CTMP shall include: (a) a phasing plan identifying the extent of the phase (or sub phase) of the development covered by the DTMP or CTMP; (b) routeing of demolition, excavation and construction vehicles; (c) access arrangements to the site; (d) the estimated number of vehicles per day/week; (e) details of any vehicle holding area; (f) details of any vehicle call up procedure; hours of vehicle access to the site (g) estimates for the number and type of parking suspensions that will be required; (h) details of any diversion, disruption or other abnormal use of the public highway during demolition, excavation and construction works; (i) work programme and/or timescale for each phase of the demolition, excavation and construction works; 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, pedestrian routes, parking bay suspensions and remaining road width for vehicle movements. Each of the phases (or sub phases) of the development shall be carried out in accordance with the approved DTMP or CTMP for each phase (or sub phase) of the development. A one page summary of the requirements of the approved DTMP or CTMP shall be affixed to the frontage of the phase or sub phase site area for the duration of works at a location where it can be read by members of the public.
Reason - To minimise the impact of demolition and construction works on highway safety and

19)

(***PARTIALLY DISCHARGED FOR PHASE 1 UNDER REF. CON/09/02786/AD3 AND FOR PHASE 2 UNDER REF. CON/14/01226***) Servicing Management Plan Prior to the commencement of each applicable phase of the development (i.e. any phase providing uses within Class E (a), (b), (c) and (g) and take away (sui generis) of the Town and Country Planning (Use Classes) Order 1987 (as amended)), a Servicing Management Plan in respect of the non-residential floorspace (within Class E (a), (b), (c) and (g) and take away (sui generis)) shall be submitted to and approved in writing by the Local Planning Authority. The submitted plan shall include the following: how delivery vehicles and servicing will be managed on site; the hours of deliveries and servicing, timed to avoid peak traffic hours; how deliveries will be controlled to ensure that the development does not adversely affect the highway; an explanation of the controls on the types and sizes of vehicles accessing the site to ensure they are appropriate to the local area and environmentally acceptable in terms of exhaust and noise emission. No articulated vehicles will be accepted; the plan should comply with the London Lorry Control Scheme operated by London Councils and with any other heavy goods vehicle controls; and details (including a plan) showing when and where legal on street servicing can take place. The development shall not be carried out otherwise in accordance with the details so approved and shall be so maintained.
Reason - To minimise the impact of servicing activity on the highway and prevent obstruction of the surrounding streets in accordance with the Development Plan, in particular Policies CT1 and CR7 of the Local Plan 2019.

20)

(***PARTIALLY DISCHARGED FOR PHASE 1 UNDER REF. CON/09/02786/ad3 AND FOR PHASE 2 UNDER REF. CON/17/05289***) Cycle parking, showering and changing facilities and basement lift access for cycles Prior to the commencement of the relevant part of the development, details of the cycle parking, showering and changing facilities and basement lift access for cycles shall be submitted to and approved in writing by the Local Planning Authority, and each phase of the development shall not be carried out otherwise in accordance with the so details so approved and shall be so maintained. The details shall demonstrate: (a) how the development would meet the London Plan (2008) minimum cycle parking standards for both the residential and non-residential uses; (b) the provision of suitable showering and changing facilities for the non-residential uses; and (c) how the lift access to the basement to Blocks 1, 2 and 3 is suitable for cycles.
Reason - To ensure the safe and sustainable movements of traffic on the highway in accordance with the Development Plan, in particular Policy CT1 of the Local Plan 2019.

21)

Phase 1 - Munro Mews garages The net internal area (NIA) of the garages to the residential properties in Munro Mews hereby approved shall be 2.7 metres in width and 5 metres in length and be so retained.
Reason - To prevent obstruction of the surrounding streets and safeguard the amenity of the area in accordance with the Development Plan, in particular Policy CT1 of the Local Plan 2019.

22)

(***PARTIALLY DISCHARGED FOR PHASE 1 UNDER REF. CON/09/02786/ad3 AND FOR PHASE 2 UNDER REFS. CON/14/01226 AND CON/22/00303***) Car Park Management Plan A Car Park Management Plan shall be submitted to and approved in writing by the Local Planning Authority prior to commencement of each phase of the development. The Car Park Management Plan shall include the following: how the off-street car parking spaces shall be allocated between tenure types; confirmation that the parking provision and its allocation respects the Council's maximum car parking standards, taking into account the provision of new on-street parking and provides no more than 0.552 off- street car parking spaces per private dwelling; that all off street car parking spaces should be used for the residents of the estate only, except for those spaces reserved for service vehicles; and how electric car charging points for the off-street parking will be provided and managed. The development shall not be carried out otherwise than in accordance with the details so approved and shall be so maintained.
Reason - To minimise traffic congestion to the immediate area in accordance with the Development Plan, in particular Policy CT1 of the Local Plan 2019.

23)

(***PARTIALLY DISCHARGED FOR PHASE 1 UNDER REF. CON/09/02786/ad3 AND FOR PHASE 2 UNDER REF. CON/16/05959, AND AMENDED BY REF. NMA/22/06338***) Road Safety Audit The development shall be carried out in accordance with details approved for Phase 1 under ref. CON/09/02786/ad3 and for Phase 2A Block 4 under ref. CON/16/05959, or as otherwise approved in writing by the Local Planning Authority. Prior to commencement of the above ground works of the development of Phase 2B Block 6 and Phase 3, a detailed safety audit of all new roads and junctions within that phase shall be submitted to and approved in writing by the Local Planning Authority prior to the approval of the detailed design of the roads and junctions that are contained in the Safety Audit so approved.
Reason - To ensure highway safety and to safeguard the amenity of the area in accordance with the Development Plan, in particular Policy CT1 of the Local Plan 2019.

24)

(**AMENDED BY REF. PP/13/04516***) Off-street car parking spaces No more than 115 off street car parking spaces shall be permitted in Phase 1 and no more than 295 off street car parking spaces shall be permitted in total in the development hereby approved and shall be allocated for use by occupiers of the affordable and market residential units, unless otherwise agreed in writing by the Local Planning Authority.
Reason - To minimise traffic congestion to the immediate area in accordance with the Development Plan, in particular Policy CT1 of the Local Plan 2019.

25)

(***PARTIALLY DISCHARGED FOR PHASE 1 UNDER REF. CON/09/02786/ad3 AND FOR PHASE 2 UNDER REFS. CON/14/01226, CON/18/03858 AND CON/21/07484***) Car Parking Phasing Plan Prior to commencement of each phase of the development, a Car Park Phasing Plan shall be submitted to and approved in writing by Local Planning Authority. The Car Park Phasing Plan shall be submitted on a block by block basis. All of the car parking spaces contained in the Car Park Phasing Plans hereby approved shall be provided before the dwellings are occupied, and the spaces shall thereafter be permanently retained for the parking of vehicles in connection with the residential use of the dwellings and for no other purpose except for those spaces reserved for service vehicles which have been identified in the approved Car Park Management Plan, unless otherwise agreed in writing by the Local Planning Authority.
Reason - To minimise traffic congestion to the immediate area in accordance with the Development Plan, in particular Policy CT1 of the Local Plan 2019.

26)

(***PARTIALLY DISCHARGED FOR PHASE 1 UNDER REF. CON/09/02786/ad6 AND FOR PHASE 2 UNDER REF. CON/14/01226***) Site Investigation and Risk Assessment A Site investigation and Risk Assessment shall be undertaken to assess the nature and extent of any contamination on the site prior to the demolition of the existing buildings or the commencement of new building work, whichever is the earlier of each phase of the development hereby approved. This shall be undertaken by competent persons and a written report of the findings shall be produced. The Risk Assessment shall assess the degree and nature of any contamination identified in the Site Investigation and assess the risk posed by any contamination to human health, controlled waters and the wider environment. The written report shall be submitted to and approved in writing by the Local Planning Authority prior to remediation works commencing. This shall be conducted in accordance with the Environment Agency's Land Contamination Management guidance. The development shall not be carried out otherwise in accordance with the details so approved, unless otherwise agreed in writing by the Local Planning Authority.
Reasonÿ- To ensure any risks from land contamination are both minimised and managed in accordance with the Development Plan, in particular Policy CE7 of the Local Plan.

27)

(***PARTIALLY DISCHARGED FOR PHASE 1 UNDER REF. CON/09/02786/ad6 AND FOR PHASE 2 UNDER REF. CON/14/01226, AND AS AMENDED BY REF. PP/22/07718***) Remediation Scheme For Phase 1 and for Phase 2A (Block 4): (i) within three months of the date of this decision, a Gap Analysis Report detailing any necessary further intrusive site investigation, risk assessment, remediation and verification actions and identifying verification information requirements and timescales for completing those actions, shall be submitted for the written approval of the Local Planning Authority.ÿ Should the details be refused then within one month of receiving a written refusal from the Local Planning Authority, subsequent details shall be submitted for the written approval of the Local Planning Authority, and (ii) shall continue to apply until such time that details are approved in writing by the Local Planning Authority. The approved Gap Analysis Report shall be fully implemented within the identified timescales. For Phase 2B (Block 6) and Phase 3, if required, a Remediation Scheme shall be submitted to and approved in writing by the Local Planning Authority prior to commencement of each phase of the development hereby approved. The Remediation Scheme hereby approved shall be capable of enabling the site to be suitable for the intended use by removing unacceptable risks to human health, buildings and other property and the natural and historical environment. The Remediation Scheme shall include all works to be undertaken, proposed remediation objectives and remediation criteria, timetable of works and site management procedures. These phases / sub phases of the development shall not be carried out otherwise in accordance with the details so approved, unless otherwise agreed in writing by the Local Planning Authority.
Reasonÿ- To ensure any risks from land contamination are both minimised and managed in accordance with the Development Plan, in particular Policy CE7 of the Local Plan.

28)

(***AMENDED BY REF. PP/22/07718***) Contamination - Verification Report For Phase 1 and Phase 2A (Block 4): (i) Following full implementation of the approved Gap Analysis Report(s) and within 3 months of the completion of the timescale as set out within the approved Gap Analysis Report(s), a Verification Report of actions undertaken to implement the approved Remediation Scheme and Gap Analysis Report(s) shall be submitted for the written approval of the Local Planning Authority.ÿ (ii) Should the details under (i) be refused then within one month of receiving a written refusal from the Local Planning Authority, subsequent details shall be submitted for the written approval of the Local Planning Authority, and (ii) shall continue to apply until such time that details are approved in writing by the Local Planning Authority; (iii) Until a Verification Report is approved by the Local Planning Authority, every one month a status report setting out progress with the implementation of the approved Remediation Scheme and Gap Analysis Report(s) and reporting on and addressing any risks to occupiers shall be submitted to the Local Planning Authority. ÿ For Phase 2B (Block 6) and Phase 3 of the development hereby permitted, prior to the occupation or use of the development for that sub-phase (block) and phase, the approved Remediation Strategies shall be completed and a Verification Report submitted to, and approved in writing by, the Local Planning Authority. ÿ The Verification Report shall include details of requirements for ongoing monitoring and maintenance and be prepared in line with the Environment Agency's Land Contamination Risk Management Guidance and the Council's guidance or any subsequent updates.ÿ Ongoing monitoring and maintenance shall be implemented in line with the approved Verification Report.
Reasonÿ- To ensure any risks from land contamination are both minimised and managed in accordance with the Development Plan, in particular Policy CE7 of the Local P

29)

Unexpected contamination In the event that contamination is found at any time when carrying out the development hereby approved that was not previously identified it must be reported in writing immediately to the Local Planning Authority. An Additional Investigation and Risk Assessment must be undertaken in accordance with the requirements of Condition 26, and where remediation is necessary a Remediation Scheme must be prepared in accordance with the requirements of Condition 27, and submitted to and approved in writing by the Local Planning Authority.
Reasonÿ- To ensure any risks from land contamination are both minimised and managed in accordance with the Development Plan, in particular Policy CE7 of the Local Plan.

30)

(***PARTIALLY DISCHARGED FOR PHASE 1 UNDER REF. CON/09/02786/ad2 AND FOR PHASE 2 UNDER CON/17/06769***) Air Quality Assessment Prior to commencement of the development hereby approved, an additional air quality assessment shall be submitted to and approved in writing by the Local Planning Authority. The assessment shall show how air quality will change during the construction and operational phase of the development alone and in combination with other cumulative developments and include a baseline comparison. The London Council's 'Air Quality and Planning Guidance' should be reported in the recommended format. The report shall detail the parameters and measures undertaken to reduce the impact on the local environment. The assessment shall show any mitigation measures with regard to exposure to air pollution levels exceeding the national air quality objectives and how the impact of the development on the local environment will be reduced. Any such measures so approved shall be implemented in full on a phase by phase basis. Further air quality assessments detailing all of the above requirements shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of each subsequent phase of the development.
Reason - To ensure that impact on air quality in the areas is minimised in accordance with the Development Plan, in particular Policy CE5 of the Local Plan 2019.

31)

(***PARTIALLY DISCHARGED FOR PHASE 1 UNDER REF. CON/09/02786/ad7 AND FOR PHASE 2 UNDER REF. CON/19/04713, AND AMENDED BY REF. NMA/17/06028***) Low Emission Strategy Prior to the commencement of the development of Phase 1 hereby approved and at each subsequent phase (excluding piling) of the development a Low Emission Strategy shall be submitted to and approved in writing by the Local Planning Authority. The Low Emission Strategy shall address all traffic generated during the operational phase and energy and heating plant. The Low Emission Strategy shall be in line with guidance contained in the Wornington Green and Air Quality Supplementary Planning Documents. The Low Emission Strategy shall also take into account the London Councils (2007) Air Quality and Planning Guidance and Defra guidance on Low Emissions Strategies. A comparison of emissions from both the transport component and combustion plant from the existing development and the new development shall be produced to compare current and future levels. Whole site calculations shall be produced and a comparison of emissions per unit. The Low Emission Strategy shall include measures such as reduced parking levels, permit free, installation of electric charging points and the allocation of car club spaces
Reason - To ensure that impact on air quality in the areas is minimised in accordance with the Development Plan, in particular Policy CE5 of the Local Plan 2019.

32)

(***PARTIALLY DISCHARGED FOR PHASE 1 UNDER REFS. CON/09/02786/ad6 AND CON/19/02288 AND FOR PHASE 2 UNDER REF. CON/19/02288***) Combustion plant No combustion plant shall be brought into use until details of the fuel type to be used and a maintenance schedule have been submitted to and approved in writing, on a phase by phase basis, by the Local Planning Authority. All combustion plant must be exempt appliances under the Clear Air Act 1993 (where applicable) and meet the equivalent of NOx5 rating. The development shall not be carried out otherwise than in accordance with the details so approved.
Reason - To ensure that impact on air quality in the areas is minimised in accordance with the Development Plan, in particular Policy CE5 of the Local Plan 2019.

33)

(***PARTIALLY DISCHARGED FOR PHASE 1 UNDRE REF. CON/09/02786/ad2 AND FOR PHASE 2 UNDER REFS. CON/16/05355, CON/17/04932, CON/18/03858 AND CON/21/07614, AND AMENDED BY REF. NMA/21/08173***) Dust Risk Assessment The development shall be carried out in accordance with the details of the Dust and Emissions Risk Assessment for Phase 1 as approved under CON/09/02786/ad2, for Phase 2A Block 4 (demolition) under CON/16/05355, and for Phase 2A Block 4 (construction) under CON/17/04932. For the remainder of the development: Prior to demolition within each sub-phase of the development, a Risk Assessment shall be undertaken based on guidance in the London Best Practice Guidance to control dust and emissions from demolition works, and be submitted to and approved in writing by the Local Planning Authority; and Prior to the commencement of works (save for demolition) within each sub-phase of the development, a Risk Assessment shall be undertaken based on guidance in the London Best Practice Guidance to control dust and emissions from construction works, and be submitted to and approved in writing by the Local Planning Authority; and; The development shall be carried out only in accordance with the details approved.
Reason - To ensure that impact on air quality in the areas is minimised in accordance with the Development Plan, in particular Policy CE5 of the Local Plan 2019.

34)

(***PARTIALLY DISCHARGED FOR PHASE 1 UNDER REF. CON/09/02786/ad4 AND FOR PHASE 2 UNDER REF. CON/14/01226***) Waste Strategy Prior to the commencement of development of Phase 1 and at each subsequent phase of the development, a Waste Strategy shall be submitted to and approved in writing by the Local Planning Authority. The Waste Strategy shall include the following: locations of bin storage areas and collection points (showing which storage areas would serve which blocks); capacity of storage areas (including how many residents would be served by each area); identify any spare future capacity for bin storage areas; routes through estate for collection vehicles and a management plan for the maintenance of these routes; vehicle turning areas and associated dimensions; routes to be negotiated by waste crews and residents including details of road and pavement finishing; and measures undertaken for on site management of waste strategy. The development shall not be carried out otherwise in accordance with the details so approved.
Reason - To safeguard the amenity of the area in accordance with the Development Plan, in particular Policies CR7 and CL5 of the Local Plan 2019.

35)

(***DISCHARGED FOR PHASE 1 UNDER REF. CON/09/02786/ad8***) Phase 1 - Sound insulation Block 1 Prior to the commencement of development of Phase 1 (save for demolition), a scheme of sound insulation, designed to prevent the transmission of excessive airborne and impact noise between the ground floor commercial uses (lock ups within Use Class B8 in Block 1) and the residential use at first floor levels shall be submitted to and approved in writing by Local Planning Authority. The sound insulation shall be installed and maintained only in accordance with the details so approved. The residential dwelling(s) shall not be occupied until the approved scheme has been fully implemented.
Reason - To safeguard the living conditions of occupiers in accordance with the Development Plan, in particular Policy CL5 of the Local Plan 2019.

36)

(***DISCHARGED FOR PHASE 1 UNDER REF. CON/09/02786/ad8***) Phase 1 - Sound insulation Block 2 Prior to commencement of development of Phase 1 (save for demolition), a scheme of sound insulation, designed to prevent the transmission of excessive airborne and impact noise between the ground floor commercial uses and the residential uses at first floor level and above of Block 2 shall be submitted to and approved in writing by the Local Planning Authority. The sound insulation shall be installed and maintained only in accordance with the details so approved. The residential dwelling(s) shall not be occupied until the approved scheme has been fully implemented.
Reason - To safeguard the living conditions of occupiers in accordance with the Development Plan, in particular Policy CL5 of the Local Plan 2019.

37)

(***DISCHARGED FOR PHASE 1 UNDER REF. CON/09/02786/ad8***) Phase 1 - Door mechanism Block 1 Prior to commencement of development of Phase 1 (save for demolition), details of the proposed door mechanism showing method of closing of the entrance doors to the market lock ups at ground floor level of Block 1 shall be submitted to and approved in writing by the Local Planning Authority. The residential units at first floor level and above the lock up units in Block 1 shall not be occupied until the details so approved have been implemented in full.
Reason - To safeguard the living conditions of occupiers in accordance with the Development Plan, in particular Policy CL5 of the Local Plan 2019.

38)

Minimum floorspace of social housing The minimum gross internal floor areas (GIA) of each of the social housing units provided by the development hereby approved shall comply with the Parker Morris standards as set out in Table 3.1 of the Wornington Green Supplementary Planning Document and shall be so retained.
Reason - To ensure a suitable quality of residential accommodation in accordance with the Development Plan, in particular Policy CH3 of the Local Plan 2019.

39)

(***AMENDED BY REF. PP/22/07718***) Phasing Strategy The development hereby approved shall be carried out only in accordance with the Phasing Strategy as detailed on drawing nos. AA0651_2.1_1013B for Phase 1, 2525M-CPL-00-00-DR-A-SK220530A Rev G for Phases 1, 2 and 3, and Athlone Gardens Phasing Plan dated 16.11.2022 for the New Open Space, unless otherwise agreed in writing by the Local Planning Authority.
Reason - The details are material to the acceptability of the development and accordance with the Development Plan, in particular Policy CA2 of the Local Plan 2019.

40)

Phase 1 - Garden soil depth Blocks 2 and 3 A minimum soil depth of one metre shall be maintained to the central garden areas to Blocks 2 and 3 hereby approved.
Reason - To reduce flood risk and contribute to sustainability in accordance with the Development Plan, in particular Policy CE2 of the Local Plan 2019.

41)

(***AMENDED BY REF. PP/22/07718***) Energy System For Phase 1 and Phase 2A Block 4 the Combined Heat and Power plant and boiler shall be maintained in accordance with manufacturers' instructions and shall be made available for use prior to the occupation of any of the proposed residential units in that phase and sub-phase. For Phase 2B Block 6 the proposed Air Source Heat Pump systems shall be maintained in accordance with manufacturer's instructions and shall be made available for use prior to the occupation of any of the proposed residential units in that sub-phase.
Reason - To contribute to sustainability in accordance with the Development Plan, in particular Policies CA2 and CE1 of the Local Plan 2019.

42)

(***DISCHARGED FOR PHASE 1 UNDER REF. CON/09/02786/ad12 AND FOR PHASE 2 UNDER REF. CON/18/01584, AND AMENDED BY REFS. NMA/17/06028 AND NMA/22/00764***) Phase 1 and Phase 2A - Code for Sustainable Homes design stage certificate For each block of development, no development shall commence (excluding piling) on Phase 1 and Phase 2a Block 4 until a design stage Code for Sustainable Homes certificate has been submitted to and approved in writing by the Local Planning Authority to demonstrate that all of the proposed residential units within that phase block will achieve a Code for Sustainable Homes rating of level 3 of higher.
Reason - To contribute to sustainability in accordance with the Development Plan, in particular Policy CE1 of the Local Plan 2019.

43)

(***PARTIALLY DISCHARGED FOR PHASE 1 UNDER REF. CON/13/03705 AND FOR PHASE 2 UNDER REF. CON/20/03238, AND AMENDED BY REF. NMA/22/00764**) Phase 1 and Phase 2A - Code for Sustainable Homes letter of intent or completion certificate No residential unit hereby approved within Phase 1 and Phase 2a Block 4 shall be occupied until either a letter of intent from a Code for Sustainable Homes assessor confirming that the post construction stage assessment has been completed, or a Code for Sustainable Homes development completion certificate has been submitted to and approved in writing by the Local Planning Authority to confirm that the residential unit in question has achieved a Code for Sustainable Homes rating of level 3 or higher. ÿ For the remainder of the development, the dwellings shall achieve: ÿ Level 4 of the Code for Sustainable Homes equivalent in relation to energy performance and none shall be occupied until a final Code Certificate has been issued for it certifying that Code Level 4 equivalent for this criterion has been achieved. In relation to water efficiency, compliance with optional requirement G2 (2) (b) and none shall be occupied until Building Regulations approval has been issued for it certifying that these criteria have been achieved.
Reason - To contribute to sustainability in accordance with the Development Plan, in particular Policy CE1 of the Local Plan 2019.

44)

Outdoor adventure playspace The outdoor adventure playspace associated with the community facilities shall be used only for outdoor recreation purposes, and for no other purpose including any other purpose within Class E (f) of the Town and Country Planning (Use Classes) Order 1987, as amended.
Reason - To ensure the area is used for its approved purpose rather than for any other purpose that would be detrimental to the amenity of the area, in accordance with the Development Plan, in particular Policy CA2 of the Local Plan 2019.

45)

Phase 1 - Restriction of permitted development rights Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or the Town and Country Planning (General Permitted Development) (Amendment) (No.2) (England) Order 2008 or any order revoking and re-enacting that Order, development within Part 1 Schedule 2 Class A, B, C, D, E, F, H and Part 24 Class A is not permitted in relation to the proposed town houses in Blocks 2 and 3, and the Mews houses in Block 1.
Reason - To preserve the character and appearance of the buildings and area in accordance with the Development Plan, in particular Policies CL1, CL2 and CL11 of the Local Plan 2019.

46)

Site-wide - Restriction of permitted development rights Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or the Town and Country Planning (General Permitted Development) (Amendment) (No.2) (England) Order 2008 or any order revoking and re-enacting that Order, development within Part 1 Schedule 2 Class H and Part 24 Class A is not permitted.
Reason - To preserve the character and appearance of the buildings and area in accordance with the Development Plan, in particular Policies CL1, CL2 and CL11 of the Local Plan 2019.

47)

Phase 1 - Restriction to roofs The main roofs to the town houses located in Blocks 2 and 3 hereby approved shall not be used at any time as roof terraces, and no water tank, or other roof structure, shall be erected on top of the roofs hereby approved unless otherwise agreed in writing by the Local Planning Authority.
Reason - To preserve the character and appearance of the buildings and area and to safeguard living conditions of neighbouring occupiers in accordance with the Development Plan, in particular Policies CL1, CL2, CL5, CL6 and CL11 of the Local Plan 2019.

48)

(***AMENDED BY REF. PP/13/04516 AND PARTIALLY DISCHARGED FOR PHASE 2 UNDER REF. CON/13/03078***) Additional Design Code Prior to commencement of Phase 2 of the development hereby approved, an additional Design Code containing the principles and parameters to inform any phase other than Phase 1, including guidance on unit layouts and / or space standards in relation to the residential accommodation, shall be submitted to and approved in writing by the Local Planning Authority, and the development shall not be carried out otherwise than in accordance with the details so approved.
Reason - To preserve the character and appearance of the buildings and area and ensure a suitable quality of residential accommodation in accordance with the Development Plan, in particular Policies CL1, CL2, CL11 and CH3 of the Local Plan 2019.

49)

Phase 1 - internal doors, entrances and lift doors Notwithstanding the details on the drawings hereby approved, all internal doors, entrances and lift doors to the residential accommodation within Blocks 1, 2 and 3 shall have a minimum clear opening width of 900mm and so maintained. These works shall be implemented prior to the occupation of any residential unit within a completed Block unless otherwise agreed in writing by the Local Planning Authority.
Reason - To ensure a suitable quality of residential accommodation in accordance with the Development Plan, in particular Policy CH3 of the Local Plan 2019.

50)

No audible music outside non-residential premises No loudspeakers, relay equipment, music or musical instruments shall be played or used within the any of the non-residential uses provided within any of the phases of the development hereby approved (i.e. those uses within Class E (a), (b), (c), (f) and (g) and take away (sui generis) of the Town and Country Planning Use Classes Order 1987 (as amended) so as to be audible outside the premises.
Reason - To safeguard the living conditions of neighbouring occupiers in accordance with the Development Plan, in particular Policy CL5 of the Local Plan 2019.

51)

Hours of use - non-residential The non-residential uses provided within any of the phases of the development hereby approved (i.e. those uses within Class E (a), (b), (c) and (g) and take away (sui generis) of the Town and Country Planning Use Classes Order 1987 (as amended)) shall not be carried out between the hours of 23:00 hours and 07:00 hours the following day.
Reason - To safeguard the living conditions of neighbouring occupiers in accordance with the Development Plan, in particular Policy CL5 of the Local Plan 2019.

52)

(***DISCHARGED UNDER REF. CON/09/02786/ad***) Phase 1 - Portobello Road elevation Prior to commencement of Phase 1 of the development (save for demolition), full particulars of the following shall be submitted to and approved in writing by the Major Planning Development Committee for the Local Planning Authority and the development shall not be carried out otherwise in accordance with the details so approved and shall be so retained: detailed drawings (at least Scale 1:50) of the Portobello Road elevation of Block 2 in respect of the floor to ceiling heights (above ground floor level), top storey and chamfered corner details to the front elevation and footprint.
Reason - To preserve the character and appearance of the buildings and area in accordance with the Development Plan, in particular Policies CL1, CL2 and CL11 of the Local Plan 2019.

53)

Phase 1 - residential floor heights All residential accommodation included within Blocks 1, 2 and 3 of Phase 1 of the development shall have a minimum floor to floor height of 3000mm except for the following: (a) the top/final storey of accommodation to Blocks 1, 2 and 3; (b) the Portobello Road building of Block 2; (c) the residential accommodation to the mews properties; and (d) the ground floor residential accommodation to Blocks 1, 2 and 3, which shall have a minimum floor to floor height of 3400mm; unless otherwise agreed in writing by the Local Planning Authority.
Reason - To ensure a suitable quality of residential accommodation in accordance with the Development Plan, in particular Policy CH3 of the Local Plan 2019.

54)

(***PARTIALLY DISCHARGED FOR PHASE 2 UNDER REF. CON/17/03777***) Phase 2 and Phase 3 - Means of access Excluding Phase 1, prior to the commencement of each phase of the development; for the relevant stage of the development details of the means of access to the off street car park, the layout of Block 6 and access to all residential blocks shall be submitted to and approved in writing by the Local Planning Authority.
Reason - To ensure suitable accessibility and minimise traffic congestion to the immediate area in accordance with the Development Plan, in particular Policies CL2 and CT1 of the Local Plan 2019.

55)

(***AMENDED BY REF. PP/13/04516***) Off-street parking All off-street parking to be provided within any phase other than Phase 1 of the development hereby approved shall be provided within a full basement storey unless otherwise agreed in writing by the Local Planning Authority.
Reason - To preserve the character and appearance of the buildings and area and minimise traffic congestion to the immediate area in accordance with the Development Plan, in particular Policies CL1, CL2, CL11 and CT1 of the Local Plan 2019.

56)

(**DISCHARGED UNDER REF. CON/09/02786/ad8**) Phase 1 - security measures Prior to commencement of Phase 1 of the development (save for demolition), details of all security measures (including CCTV and security to the off-street parking areas) shall be submitted to and approved in writing by the Local Planning Authority and these measures so approved shall be implemented in full prior to the occupation of Blocks 1, 2 or 3.
Reason - To ensure suitable safety and security and to preserve the character and appearance of the buildings and area in accordance with the Development Plan, in particular Polices CL1, CL2 and CL11 of the Local Plan 2019.

57)

(***DISCHARGED UNDER REF. CON/09/02786/ad4***) Phase 1 - heat insulation Block 1 Prior to commencement of Phase 1 of the development details of the heat insulation between the lock ups (within Class B8) at ground floor level of Block 1 and the temporary energy centre located at basement level of Block 1 shall be submitted to and agreed in writing by the Local Planning Authority. The details so approved shall be implemented in full prior to the use of lock ups (within Class B8) in Block 1 commences.
Reason - To contribute to sustainability in accordance with the Development Plan, in particular Policies CA2 and CE1 of the Local Plan 2019.

58)

Phase 1 - internal floor height Block 2 The non-residential floorspace provided by the development (within Class E (a), (b), (c) and (g) and take away (sui generis) of the Town and Country Planning Use Classes Order 1987 (as amended)) at ground floor level to the Portobello Road elevation of Block 2 shall have an internal floor to ceiling height of 3500mm and be so retained.
Reason - To ensure a suitable quality of commercial premises in accordance with the Development Plan, in particular Policies CA2 and CL2 of the Local Plan 2019.

59)

Phase 1 - internal floor height Block 1 The lock ups (within Class B8) provided by the development at ground floor level in Block 1 to Wornington Road shall have an internal floor to ceiling height of 3500mm and be so retained.
Reason - To ensure a suitable quality of commercial premises in accordance with the Development Plan, in particular Policies CA2 and CL2 of the Local Plan 2019.

60)

Commercial units floorspace The commercial units hereby approved within Classes A1, A2, A3, A5 and/or B1 of the Town and Country Planning Uses Classes Order 1987 (as amended) shall not at any time be used or occupied otherwise than as separate units each providing a maximum floorspace of 400 sq.m. (GEA) including units which result from any amalgamation of commercial units within the development hereby approved.
Reason - To ensure no detrimental impact to surroundings neighbourhood centres and to prevent increased servicing requirements in accordance with the Development Plan, in particular Policy CA2, CK2, CF1, CF2 and CR7 of the Local Plan 2019.

61)

(***PARTIALLY DISCHARGED FOR PHASE 2 UNDER REF. CON/17/07699, AND AS AMENDED BY REFS. NMA/16/08397 AND NMA/17/06028***) Surface water drainage scheme Development of any phase of the development other than Phase 1 (excluding demolition and piling), shall not begin until a detailed surface water drainage scheme for the phase has been submitted to and approved in writing by the Local Planning Authority. In drawing up the final details of the drainage scheme, the provision of SuDS measures should be no less than those identified in the drainage surface water addendum document and the details shown on drawing 9797 C190, unless otherwise agreed in writing by the Local Planning Authority in consultation with the Lead Local Flood Authority. The scheme shall also include details as to how the drainage system will be managed and maintained. The scheme shall subsequently be implemented on a phase by phase basis in accordance with the approved details before the development is completed.
Reason - To reduce flood risk and to contribute to sustainability in accordance with the Development Plan, in particular Policy CE2 of the Local Plan 2019.

62)

(***AMENDED BY REF. PP/13/04516 AND PARTIALLY DISCHARGED FOR PHASE 2 UNDER REF. CON/14/01226***) Drainage - Run off rates and attenuation volumes Development of any phase other than in Phase 1, shall not begin until details and calculations demonstrating the following runoff rates and provision of attenuation volumes for the 100 year rainfall event have been achieved: Proposed runoff rates for Phase 2A Block 4 shall be limited to 7 l/s and no less than 120 m3 of attenuation storage is to be provided; Proposed runoff rates for Phase 2B Block 6 shall be limited to 7 l/s and no less than 99 m3 of attenuation storage is to be provided; Proposed runoff rates for Phase 2C Block 6 shall be limited to 17 l/s and no less than 233 m3 of attenuation storage is to be provided; Proposed runoff rates for Phase 3A shall be limited to 7 l/s and no less than 102 m3 of attenuation storage is to be provided; - Proposed runoff rates for Phase 3B shall be limited to 29 l/s and no less than 371 m3 of attenuation storage is to be provided; Proposed run off rates for Phase 3C shall be limited to 7 l/s and no less than 189 m3 of attenuation storage is to be provided. The details above shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall subsequently be implemented on a phased basis in accordance with the approved details by completion of each phase of the development.
Reason - To reduce flood risk and to contribute to sustainability in accordance with the Development Plan, in particular Policy CE2 of the Local Plan 2019.

63)

(***DISCHARGED UNDER REF. CON/09/02786/ad4***) Phase 1 - final surface water drainage scheme Prior to the commencement of Phase 1, details of a final surface water drainage scheme for the phase, based on sustainable drainage principles set out in the Campbell Reith Surface water addendum and an assessment of the hydrological and hydro geological context of the development, has been submitted to and approved in writing by the Local Planning Authority. The scheme shall subsequently be implemented in accordance with the approved details before the development is completed. In drawing up the final drainage scheme for Phase 1, the provision of SuDS measures shall be no less than that shown on drawing 9797 C190 unless otherwise agreed in writing by the Local Planning Authority in consultation with the Environment Agency and should include: Runoff limited to no more than 35l/sec for the 100 year event and provision of no less than 482m3 of attenuation storage; Greenroofs on all proposed buildings; Lined infiltration trenches; Courtyard areas with substrate over basements; and No less than 30m3 of rainwater harvesting.
Reason - To reduce flood risk and to contribute to sustainability in accordance with the Development Plan, in particular Policy CE2 of the Local Plan 2019.

64)

(***PARTIALLY DISCHARGED FOR PHASE 1 UNDER REF. CON/09/02786/ad9 AND FOR PHASE 2 UNDER REFS. CON/17/05524 AND CON/22/02822***) Piling Piling or any other foundation designs using penetrative methods shall not be permitted other than with the written approval of the Local Planning Authority in consultation with the Environment Agency, which may be given for those parts of the site where it has been demonstrated that there is no resultant unacceptable risk to groundwater. The development shall be carried out in accordance with the approved details on a phased basis. If the proposed piling/earthworks exceeds a depth of 22m then the method shall be agreed with the Environment Agency.
Reason - To avoid creating a pathway between the shallow contaminated soils and the deep aquifer, in accordance with the Development Plan, in particular Policies CE2 and CE7 of the Local Plan 2019.

65)

(***PARTIALLY DISCHARGED FOR PHASE 1 UNDER REF. CON/09/02786/ad10 AND FOR PHASE 2 UNDER REF. CON/19/02288, AND AS AMENDED BY REFS. NMA/17/01887, NMA/17/06028, NMA/21/00357 AND PP/22/07718***) Energy system For Phase 1 and Phase 2A Block 4 the Combined Heat and Power plant and boiler shall be installed in accordance with approved details and maintained as so approved. For Phase 2B Block 6 the Air Source Heat Pump system shall be installed in accordance with the approved details in the Wornington Green Phase 2B Energy Statement Rev P02 dated 01.11.22 prepared by Bouygues UK and maintained as so approved. Prior to the commencement of Phase 3 full details of the permanent energy system(s), communal network and future proofing to provide the opportunity to link to adjacent sites in order to reduce the CO2 emissions of the residential units within the development by an overall 25% from the requirement of the Building Regulations 2022, Approved Document Part L 2021 shall be submitted to and approved in writing by the Local Planning Authority. The energy system and network shall be installed and maintained as so approved.
Reason - To contribute to sustainability in accordance with the Development Plan, in particular Policies CA2 and CE1 of the Local Plan 2019.

66)

Phase 1 - Utilities Block 1 lock ups Each of the lock ups (within Class B8) provided by the development at ground floor level in Block 1 shall have an individual supply of water and electricity. The supply of these utilities shall be installed prior to their occupation.
Reason - To ensure a suitable quality of commercial premises in accordance with the Development Plan, in particular Policies CA2 and CL2 of the Local Plan 2019.

67)

(***DISCHARGED UNDER REF. CON/09/02786/ad8***) Phase 1 - Management Plan for storage areas Prior to the commencement of Phase 1 of the development (save for demolition) a Management Plan in respect of the storage areas at Level -1 as shown on Drawing No. AA0651_2.1_0070 to Blocks 2 and 3 of the development hereby approved shall be submitted to and approved in writing by the Local Planning Authority. The measures contained within the approved plan shall be implemented in full prior to the occupation of Blocks 2 and 3.
Reason - To ensure a suitable quality of residential accommodation in accordance with the Development Plan, in particular Policies CL2 and CH3 of the Local Plan 2019.

68)

(***PARTIALLY DISCHARGED FOR PHASE 1 UNDER REF. CON/13/03705 AND FOR PHASE 2 UNDER REF. CON/19/02288 AND AMENDED BY REF. NMA/22/06338***) On-street parking Prior to occupation of each phase of the development, details of the on street parking provision shall be submitted to and agreed in writing by the Local Planning Authority. The on street parking shall include at least two car club spaces in Phase 1 and up to an additional six car club parking spaces in Phases 2 - 3. The parking provision so approved shall be implemented in full on a phase by phase basis and be so retained.
Reason - To minimise traffic congestion to the immediate area in accordance with the Development Plan, in particular Policy CT1 of the Local Plan 2019.

69)

(***PARTIALLY DISCHARGED FOR PHASE 1 UNDER REFS. CON/13/03705 AND CON/18/02220 AND FOR PHASE 2 UNDER CON/19/02288***) Car Club membership Prior to occupation of each phase of the development, details of the provision of free car club membership shall be submitted to and agreed in writing by the Local Planning Authority. The provision of free car club membership shall include (as a minimum) free car club membership for five years for each private dwelling that has not been allocated an off street car parking space. The details so approved shall be implemented in full on a phase by phase basis.
Reason - To minimise traffic congestion to the immediate area in accordance with the Development Plan, in particular Policy CT1 of the Local Plan 2019.

70)

(***PARTIALLY DISCHARGED FOR PHASE 1 UNDER REF. CON/09/02786/ad8***) Public Art Prior to the commencement of Phase 1 (save for demolition), a strategy for the provision of public art within the development shall be submitted to and approved in writing by the Local Planning Authority, which shall be implemented in accordance with the approved strategy.
Reason - To ensure the provision of suitable public art in accordance with the Development Plan, in particular Policies CA2 and CR4 of the Local Plan 2019.

71)

(***DISCHARGED FOR PHASE 1 UNDER REF. CON/09/02786/ad5***) Piling Method Statement No impact piling shall take place until a piling method statement (detailing the type of piling to be undertaken and the methodology by which such piling will be carried out, including measures to prevent and minimise the potential for damage to surface water or sewerage infrastructure, and the programme for the works) has been submitted to and approved in writing by the Local Planning Authority, in consultation with Thames Water. Any piling must be undertaken in accordance with the approved details on a phased basis, unless otherwise agreed in writing by the Local Planning Authority in consultation with Thames Water.
Reason - To minimise potential damage to water infrastructure, in accordance with the Development Plan, in particular Policy CE2 of the Local Plan 2019.

72)

(**PARTIALLY DISCHARGED FOR PHASE 1 UNDER REF. CON/09/02786/ad5 AND FOR PHASE 2 UNDER REF. CON/14/01226***) Drainage Strategy Development of any phase of development shall not begin until a drainage strategy detailing any on and/or off-site drainage works for the phase has been submitted to and approved by the Local Planning Authority. No discharge of foul or surface water from the site shall be accepted into the public system until the drainage works referred to in the strategy have been completed on a phased basis, unless otherwise agreed in writing by the Local Planning Authority.
Reason - To reduce flood risk and to contribute to sustainability in accordance with the Development Plan, in particular Policy CE2 of the Local Plan 2019.

73)

(***DISCHARGED FOR PHASE 1 UNDER REF. CON/09/02786/ad6***) Water infrastructure The development shall be carried out in accordance with Wornington Green Redevelopment Planning Condition 73 Water Infrastructure Discharge Document (Rolton Group Ltd) 02.09.2010. (Doc Ref 07-0771 XRP0008) unless otherwise agreed in writing by the Local Planning Authority.
Reason - To ensure that the water supply infrastructure has sufficient capacity to cater for additional demand and to contribute to sustainability in accordance with the Development Plan, in particular Policy CE2 of the Local Plan 2019.

74)

(***AMENDED BY REF. PP/22/07718***) Compliance with approved drawings Except as required by other conditions attached to this decision notice, the development hereby permitted shall not be carried out except in complete accordance with the details shown on submitted plans: SITE-WIDE AND PHASING AA0651_2.1_1001E: Outline Planning Application Boundary AA0651_2.1_1013B: Phase 1 Phasing Plan 2525M-CPL-00-00-DR-A-SK220530a Rev G: Phasing Sequence for Phases 1, 2 and 3 Athlone Gardens Phasing Plan dated 16.11.2022 PARAMETER PLANS D2700 02: Parameter Plans, Phase 2B Block 6 Portobello Road Front Elevation D2701 02: Parameter Plans, Phase 2B Block 6 Wornington Road Front Elevation D2702 02: Parameter Plans, Phase 2B Block 6 Murchison Gardens Front Elevation D2703 02: Parameter Plans, Phase 2B Block 6 Athlone Gardens Front Elevation TREES IA-353-TP-P02: Tree Retention and Removal Plan - Block 4 (PP/13/04516) 50015401-TS-001L: Tree Removal and Retention Plan - Masterplan (PP/13/04516) ACAC/AS/511/13/01: Wornington Green Phase 2 Baseline Tree Survey Report dated May 2013 prepared by Andrew Colebrook (PP/13/04516) 50015401-TP-001F: Tree Retention and Removal Plan (PP/13/04516) PHASE 1 Plans AA0651_2.1_0070P: Level 01 AA0651_2.1_0071S: Level 0 AA0651_2.1_00720: Level 1 AA0651_2.1_0073L: Level 2 AA0651_2.1_0074L: Level 3 AA0651_2.1_0075L: Level 4 AA0651_2.1_0076K: Level 5 AA0651_2.1_0077K: Level 6 AA0651_2.1_0078L: Roof Elevations / Sections AA0651_2.1_0080M: Block 2 & 3: Athlone Gardens (NW & SE) AA0651_2.1_0081M: Block 2 &3: Town Houses (NW & SE) AA0651_2.1_0082N: Block 1: Wheatstone Road (NW & SE) AA0651_2.1_0083M: Block 1: Munro Mews (NW & SE) AA0651_2.1_0084N: Block 1, 2, 3: Portobello Road (SW) and Wornington Road (NE) AA0651_2.1_0085J: Block 2 & 3: Athlone Gate (NE & SW) Sections AA0651_2.1_0090L: Block 1, 2, 3: Sections Key diagram AA0651_2.1_0091C: Block 1, 2, 3 Brick Types AA0651_2.1_0093: Block 1, 2, 3 Brick Types AA0651_2.1_0094: Block 1, 2, 3 Brick Types Block

75)

(***PARTIALLY DISCHARGED FOR PHASE 1 UNDER REF. PP/13/04516 AND FOR PHASE 2A UNDER REF. CON/22/01789, AND AS AMENDED BY REFS. NMA/21/07708 AND PP/22/07718***) Wheelchair homes The development hereby approved shall provide a minimum of 10% of all homes as 'wheelchair user dwellings', meaning homes built to Approved Document M4(3) of the Building Regulations, and all other dwellings shall be provided as wheelchair 'accessible and adaptable dwellings', meaning homes built to Approved Document M4(2) of the Building Regulations, across all phases, with the exception of Phase 1. In the case of Phase 1, 19 x M4(3) wheelchair accessible homes in accordance with the 'Habinteg Housing Association Wheelchair Design Guide, Habinteg, 2006' shall be provided; For all other phases details shall be submitted to and approved in writing by the Local Planning Authority: In the case of Phase 2A (Block 4): (i) Within three months of the date of this decision, details of 8 x M4(3) wheelchair user dwellings shall be submitted for the written approval of the Local Planning Authority. (ii) Should the details under (i) be refused then within one month of receiving a written refusal from the Local Planning Authority, subsequent details shall be submitted for the written approval of the Local Planning Authority, and (ii) shall continue to apply until such time that details are approved in writing by the Local Planning Authority; (c) In the case of Phase 2B (Block 6), prior to occupation of that sub phase, details of 30 x M4(3) wheelchair user dwellings shall be submitted to and approved in writing by the Local Planning Authority, and no homes within this sub phase shall be occupied until those details are so approved. d) In the case of Phase 3, prior to commencement of that phase, details of M4(3) wheelchair user dwellings shall be submitted to and approved in writing by the Local Planning Authority, and no homes within this phase shall be occupied until those details are so approved. . The

76)

(***ADDED UNDER REF. PP/22/07718***) Considerate Constructors Scheme (CCS) No development shall be carried out at any time unless 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, in accordance with the Development Plan, in particular Policy CL5 of the Local Plan 2019.

77)

(***ADDED UNDER REF. PP/22/07718***) Code of Construction Practice Within one month of the date of this decision notice: An Appendix A Checklist and Site Construction Management Plan (SCMP) for the development shall be submitted to, and approved in writing, by the Council's Construction Management Team, and then; Copies of the approved Appendix A Checklist and SCMP, and their written approval, shall be 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.
Reason - To mitigate the impact of construction work upon the levels of amenity that neighbouring occupiers should reasonably expect to enjoy, in accordance with the Development Plan, in particular Policies CL5, CT1, CE5 and CE6 of the Local Plan 2019. Note - For further information regarding the Code of Construction Practice and how the required details should be submitted, please contact the Council's Construction Management Team by email at:ÿ[email protected] or tel: 020 7361 3002.

78)

(***ADDED UNDER REF. PP22/07718***) Phase 2B - Generator Testing Hours The standby generator hereby approved under this permission for Phase 2B Block 6 shall be tested only between the hours of 08:00 and 19:00 between Monday to Friday only.
Reason - To prevent any significant disturbance to nearby residents in accordance with the Development Plan, in particular Policy CL5 of the Local Plan 2019.

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 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)

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.

4)

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. On first submission the proposals did not comply with guidance, but improvements suggested by the planning authority were adopted by the applicant.

5)

Unique text
Environment Agency - Water resources The Environment Agency has provided the following comments: Increased water efficiency for all new developments potentially enables more growth with the same water resources. Developers can highlight positive corporate social responsibility messages and the use of technology to help sell their homes. For the homeowner lower water usage also reduces water and energy bills. We endorse the use of water efficiency measures especially in new developments. Use of technology that ensures efficient use of natural resources could support the environmental benefits of future proposals and could help attract investment to the area. Therefore, water efficient technology, fixtures and fittings should be considered as part of new developments. All new residential development is required to achieve a water consumption limit of a maximum of 125 litres per person per day as set out within the Building Regulations &c. (Amendment) Regulations 2015. However, we recommend that in areas of serious water stress (as identified in our report Water stressed areas - final classification) a higher standard of a maximum of 110 litres per person per day is applied. This standard or higher may already be a requirement of the local planning authority. We recommend that all new non-residential development of 1000sqm gross floor area or more should meet the BREEAM 'excellent' standards for water consumption.

6)

Unique text
Network Rail - Asset Protection Network Rail has provided the following asset protection comments: SAFETY Any works on this land will need to be undertaken following engagement with Asset Protection to determine the interface with Network Rail assets, buried or otherwise and by entering into a Basis Asset Protection Agreement, if required, with a minimum of 3 months notice before works start. Initially the outside party should contact: [email protected]. FORMER BR LAND The development appears to be located on an area of land previously under the ownership of Network Rail. Often these sites are sold and are subject to a demarcation or covenant agreement which may include particular rights in relation to the safe operation of the railway and associated infrastructure. It must be considered when Network Rail has access rights over the development site; access must not be blocked or restricted at any time. The applicant must comply with all post sale covenants in the demarcation agreement and understand the implications this will have on the implementation of this development. Any representations made are without prejudice to those rights and obligations and on the basis that they do not imply that Network Rail's approval under the demarcation agreement will be given for the proposed development or for any part of it. If the developer wishes to change the wall then they must seek content from the NR off-track and lineside team. DEMOLITION The demolition works on site must be carried out so that they do not endanger the safe operation of the railway, or the stability of the adjoining Network Rail structures and land. The demolition of the existing building, due to its close proximity to the Network Rail boundary, must be carried out in accordance with an agreed method statement. Approval of the method statement must be obtained from the Network Rail Asset Protection Engineer before the development and any demolition works on site can commence. PLANT, SCAFFOLDING AND CRANES Any scaffold which is to be constructed adjacent to the railway must be erected in such a manner that, at no time will any poles or cranes over-sail or fall onto the railway. All plant and scaffolding must be positioned, that in the event of failure, it will not fall on to Network Rail land. DRAINAGE Soakaways / attenuation ponds / septic tanks etc, as a means of storm/surface water disposal must not be constructed near/within 5 metres of Network Rail's boundary or at any point which could adversely affect the stability of Network Rail's property/infrastructure. Storm/surface water must not be discharged onto Network Rail's property or into Network Rail's culverts or drains. Network Rail's drainage system(s) are not to be compromised by any work(s). Suitable drainage or other works must be provided and maintained by the Developer to prevent surface water flows or run-off onto Network Rail's property / infrastructure. Ground levels - if altered, to be such that water flows away from the railway. Drainage does not show up on Buried service checks. LANDSCAPING Where trees/shrubs are to be planted adjacent to the railway boundary these shrubs should be positioned at a minimum distance greater than their predicted mature height from the boundary. Certain broad leaf deciduous species should not be planted adjacent to the railway boundary. We would wish to be involved in the approval of any landscaping scheme adjacent to the railway. Where landscaping is proposed as part of an application adjacent to the railway it will be necessary for details of the landscaping to be known and approved to ensure it does not impact upon the railway infrastructure. Any hedge planted adjacent to Network Rail's boundary fencing for screening purposes should be so placed that when fully grown it does not damage the fencing or provide a means of scaling it. No hedge should prevent Network Rail from maintaining its boundary fence. Lists of trees that are permitted and those that are not are provided below and these should be added to any tree planting conditions: Permitted: Birch (Betula), Crab Apple (Malus Sylvestris), Field Maple (Acer Campestre), Bird Cherry (Prunus Padus), Wild Pear (Pyrs Communis), Fir Trees - Pines (Pinus), Hawthorne (Cretaegus), Mountain Ash - Whitebeams (Sorbus), False Acacia (Robinia), Willow Shrubs (Shrubby Salix), Thuja Plicatat 'Zebrina' Not Permitted: Alder (Alnus Glutinosa), Aspen - Popular (Populus), Beech (Fagus Sylvatica), Wild Cherry (Prunus Avium), Hornbeam (Carpinus Betulus), Small-leaved Lime (Tilia Cordata), Oak (Quercus), Willows (Salix Willow), Sycamore - Norway Maple (Acer), Horse Chestnut (Aesculus Hippocastanum), Sweet Chestnut (Castanea Sativa), London Plane (Platanus Hispanica).

Committee details

Decision by: This case is currently due to be decided by the Planning Committee.
Date:16 Nov 2023
Venue:The Council Chamber
Report item number:ST17

Appeal details

This case has not been appealed.

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Contact details

Planning case officer: Cheryl Saverus
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/22/07718