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Property details

Case reference: PP/15/00369
Address: Land comprising of 348-350 Old Brompton Road, a cutting for the West London Line, hard standing to the south of Earl's Court Exhibition Centre, and parts of Lillie Bridge and Old Brompton Road
Ward: Earls Court
Polling district: 08
Listed Building Grade:
Conservation area: Philbeach

Applicant details

Applicant's name: EC Properties LP
Applicant company name: DP9 Planning Consultants
Contact address: 100 Pall Mall LONDON SW1Y 5NQ

Proposal details

Application type: PP (Planning permission)
Proposed development Demolition and alteration of existing buildings and structures and redevelopment of the site, for the erection of buildings comprising single storey basement, and part three, part four storey buildings for 638sqm of retail space (A1), 16 residential units (C3), and related ancillary uses; together with the provision of new open space; provision of vehicular and pedestrian accesses and routes from Old Brompton Road; including all associated highway works; structures for decking over existing rail lines and tunnels; and other ancillary and incidental works to the development (MAJOR DEVELOPMENT AND EIA DEVELOPMENT)
Date received: 26 Jan 2015
Registration date:
(Statutory start date)
26 Jan 2015
Public consultation ends: 16 Mar 2015
Application status: Decided
Target date for decision: 18 May 2015

Decision details

This case has not yet been decided.

Decision: Permission granted, SUBJECT to S.106 ag.
Decision date: 01 Apr 2015
Conditions and reasons:

1)

Time Limit The development hereby permitted shall be begun before the expiration of five years from the date of this permission.
Reason - As required by Section 91 of the Town and Country Planning Act 1990, to avoid the accumulation of unexercised Planning Permissions.

2)

Compliance with approved drawings The development shall not be carried out except in complete accordance with the details shown on submitted plans
Reason - The details are material to the acceptability of the proposals, and to ensure accordance with the development plan.

3)

Details to be submitted Building 1 Full particulars of the following shall be submitted to and approved in writing by the Local Planning Authority before the development of Building 1 and associated landscape (as identified on drawing number A120 Rev P3) commences (save for any advance infrastructure and enabling works, demolition, temporary works, below ground works) and the development shall not be carried out otherwise than in accordance with the details so approved and shall be so maintained: samples of the materials to be used on the external faces of the Building and the associated landscape, and a specification of the colour, tone and texture; detailed drawings of all windows, doors, entrances, shopfronts, canopies and top storeys (including louvres to plant at main roof) at scale 1:20; detailed drawings of any proposed walls, fences, railings, balustrades and hard and soft landscaping (including tree pits and species as necessary) at scale 1:20.
Reason -The particulars hereby reserved are considered to be material to the acceptability of the development, and the Local Planning Authority wishes to ensure that the details of the development are satisfactory.

4)

On site sample panel Building 1 Sample panels of facing brickwork and stonework as approved in condition 3, showing the proposed colour, texture, facebond, and pointing to be used on the external faces of Building 1 shall be provided on site and approved in writing by the Local Planning Authority prior to the construction of Building 1 (save for any advance infrastructure and enabling works, demolition, temporary works, below ground works) and the sample panels shall be retained on site until the work is completed. The development shall not be carried out otherwise than in accordance with the details so approved and shall be so maintained.
Reason - The particulars hereby reserved are considered to be material to the acceptability of the development, and the Local Planning Authority wishes to ensure that the details of the development are satisfactory.

5)

Details to be submitted Building 2 Full particulars of the following shall be submitted to and approved in writing by the Local Planning Authority before the development of Building 2 and associated landscape (as identified on drawing number A120 Rev P3) commences (save for any advance infrastructure and enabling works, demolition, temporary works, below ground works) and the development shall not be carried out otherwise than in accordance with the details so approved and shall be so maintained: samples of the materials to be used on the external faces of the Building and the associated landscape, and a specification of the colour, tone and texture; detailed drawings of all windows, doors, entrances, canopies and top storeys at scale 1:20; detailed drawings of any proposed walls, fences, railings, balustrades and hard and soft landscaping at scale 1:20.
Reason -The particulars hereby reserved are considered to be material to the acceptability of the development, and the Local Planning Authority wishes to ensure that the details of the development are satisfactory.

6)

On site sample panel Building 2 Sample panels of facing brickwork and stonework as approved in condition 5, showing the proposed colour, texture, facebond, and pointing to be used on the external faces of Building 2 shall be provided on site and approved in writing by the Local Planning Authority prior to the construction of Building 2 (save for any advance infrastructure and enabling works, demolition, temporary works, below ground works) and the sample panels shall be retained on site until the work is completed. The development shall not be carried out otherwise than in accordance with the details so approved and shall be so maintained.
Reason - The particulars hereby reserved are considered to be material to the acceptability of the development, and the Local Planning Authority wishes to ensure that the details of the development are satisfactory.

7)

Landscaping details Landscape 1 Full particulars of the following shall be submitted to and approved in writing by the Local Planning Authority before the development of Landscape 1 (as identified on drawing number A120 P3) commences (save for any advance infrastructure and enabling works, demolition, temporary works, below ground works) and the development shall not be carried out otherwise than in accordance with the details so approved and shall be so maintained: details and specification of all materials to be used on open land including hard and soft landscaping; samples of all materials proposed for hard landscaping; any proposed walls, fences, or railings; detailed plan and sections drawings at scale 1:20 of all street furniture including cycle parking stands and bins; details of any exterior lighting. details of any tree pits details of tree species proposed
Reason - The particulars hereby reserved are considered to be material to the acceptability of the development, and the Local Planning Authority wishes to ensure that the details of the development are satisfactory.

8)

Landscaping details Landscape 2 Full particulars of the following shall be submitted to and approved in writing by the Local Planning Authority before the development of Landscape 2 (as identified on drawing number A120 P3) commences (save for any advance infrastructure and enabling works, demolition, temporary works, below ground works) and the development shall not be carried out otherwise than in accordance with the details so approved and shall be so maintained: details and specification of all materials to be used on open land including hard and soft landscaping; samples of all materials proposed for hard landscaping; any proposed walls, fences, or railings; detailed plan and sections drawings at scale 1:20 of all street furniture including cycle parking stands and bins; details of any exterior lighting. details of any tree pits details of all tree species proposed
Reason - The particulars hereby reserved are considered to be material to the acceptability of the development, and the Local Planning Authority wishes to ensure that the details of the development are satisfactory.

9)

Landscaping details Landscape 3 Full particulars of the following shall be submitted to and approved in writing by the Local Planning Authority before the development of Landscape 3 (as identified on drawing number A120 P3) commences (save for any advance infrastructure and enabling works, demolition, temporary works, below ground works) and the development shall not be carried out otherwise than in accordance with the details so approved and shall be so maintained: details and specification of all materials to be used on open land including hard and soft landscaping; samples of all materials proposed for hard landscaping; any proposed walls, fences, or railings; detailed plan and sections drawings at scale 1:20 of all street furniture including cycle parking stands and bins; details of any exterior lighting. details of any tree pits details of all tree species proposed
Reason - The particulars hereby reserved are considered to be material to the acceptability of the development, and the Local Planning Authority wishes to ensure that the details of the development are satisfactory.

10)

Planting and replanting All tree and shrub planting forming part of the plans and details approved through this planning permission shall be carried out in the first planting and seeding season following the first occupation of the development or the completion of the development whichever is the sooner. Any trees or shrubs which, within a period of five 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.
Reason - To protect the appearance and amenity of the area and to accord with policies of the development plan, in particular policy CR6 of the Core Strategy.

11)

Hours of operation - Any day The retail uses (A1) shall not be carried out other than between 0700 hours and 2300 hours, on any day.
Reason - To prevent any significant disturbance to residents of nearby properties and comply with development plan policies, in particular policy CL5 of the Core Strategy.

12)

Facade sound Insulation Fa╪ade sound insulation including glazing shall achieve noise levels within bedrooms and living rooms of the proposed residential dwellings as recommended in Table 4 of BS 8233:2014 'Guidance on sound insulation and noise reduction for buildings - Code of Practice'.
Reason - To ensure that no unacceptable adverse effect on the amenity of occupiers in accordance with Policy 7.15 of the London Plan 2011, Policies CE6 and CL5 of the Core Strategy 2010.

13)

Facade sound Insulation Prior to the commencement of a building details of the fa╪ade construction, including glazing, with commensurate composite sound insulation performance shall be submitted to and approved in writing by the Local Planning Authority and shall be installed as approved prior to occupation of the building and be so retained.
Reason - To ensure that no unacceptable adverse effect on the amenity of occupiers in accordance with Policy 7.15 of the London Plan 2011, Policies CE6 and CL5 of the Core Strategy 2010.

14)

Noise Emissions Noise emitted by all building services plant and equipment shall be -10dBA below the existing measured lowest LA90(15min) background noise level at any time when all plant is in use, where the plant noise source has a tonal spectrum it shall be -15dBA. The noise emitted shall be measured or predicted at 1.0m from the fa╪ade of the nearest residential window or at 1.2m above any adjacent residential garden, terrace, balcony or patio. The plant and equipment shall be serviced regularly in accordance with manufacturer's instructions and as necessary to ensure that the requirements of the condition are maintained. No plant or equipment shall be installed until full details, including a noise survey and report, have been submitted to and approved in writing by the Local Planning Authority. The reports shall show how noise emitted by the finally installed building services plant and equipment will comply with this condition.
Reason - To ensure that no unacceptable adverse effect on the amenity of occupiers in accordance with Policy 7.15 of the London Plan 2011, Policies CE6 and CL5 of the Core Strategy 2010.

15)

Ventilation systems Ventilation systems, should they be necessary in order to achieve compliance with condition 12 shall comply with Document F1 of the Building Regulations and where possible be a passive stack system. All ventilation systems will have adequate sound attenuation properties that maintain the fa╪ade sound insulation as required by condition 12.
Reason - To ensure that no unacceptable adverse effect on the amenity of surrounding occupiers in accordance with Policy 7.15 of the London Plan 2011, Policies CE6 and CL5 of the Core Strategy 2010.

16)

Vibration Values Vibration Dose Values, (VDV's), as defined in BS 6472-1:2008 shall not exceed those of Table 1 of that code for 'low probability of adverse comment'.
Reason - To ensure that no unacceptable adverse effect on the amenity of surrounding occupiers in accordance with Policy 7.15 of the London Plan 2011, Policies CE6 and CL5 of the Core Strategy 2010.

17)

Vibration isolation The design of the vibration isolation shall be implemented to all buildings in accordance with the details indicated in the Train Vibration Assessment report prepared by Arup, dated 18 December 2014, ref: REP A007(6). The vibration isolation shall achieve a limit of regenerated noise of 35dBLAmax(s) within any new residential dwelling.
Reason - To ensure that no unacceptable adverse effect on the amenity of surrounding occupiers in accordance with Policy 7.15 of the London Plan 2011, Policies CE6 and CL5 of the Core Strategy 2010.

18)

Demolition and Waste Management Plan No works shall commence until a Demolition and Waste Management Plan has been submitted to and approved in writing by the Local Planning Authority. Demolition shall be carried out in accordance with the approved Demolition and Waste Management Plan. The Demolition and Waste Management Plan shall cover the following minimum requirements: hours of demolition working; (including any works outside core hours); health and safety; dust and air quality mitigation; (to include on-site monitoring and reporting); noise and vibration mitigation (to include s61 procedure and on-site monitoring and reporting); water management; pollution control; ecology and environmental protection (including tree protection); temporary fencing and/or enclosure; emergency planning; community liaison; site logistics and operations including demolition vehicles access arrangements and estimated numbers of vehicles vehicle routing and lorry holding areas; contact details for site managers and details of management lines of reporting; location of site offices, ancillary buildings, plant, wheel-washing facilities, stacking bays and car parking; storage of any skips, oil and chemical storage etc.; access and egress points to the site; classification of all waste including hazardous waste according to current legislative provisions; measures to minimise waste generation; opportunities for re-use or recycling and procedures for re-using materials onsite; provision for the segregation of waste streams on the Site that are clearly labelled; licensing requirements for disposals sites; an appropriate audit train encompassing waste disposal activities and waste consignment notes; and measures to avoid fly tipping by others on lands being used for construction.
Reason - To ensure no unacceptable adverse effect on the amenity of surrounding occupiers in accordance with Policies 5.18, 5.19, 5.20, 5.21 and 5.22 of the London Plan 2011 and Policies , CL5, CE3, CE5 and CE6 of

19)

Construction Environmental Management Plan (CEMP) No development shall commence (save for advance infrastructure and enabling works, demolition, below ground or temporary works, ) until a site specific Construction Environmental Management Plan has been submitted to, and approved in writing by, the local planning authority, and the development shall be carried out only in accordance with the Plan so approved. The Construction Environmental Management Plan shall cover the following minimum requirements: hours of construction working (including any works outside core hours); health and safety; dust and air quality mitigation (to include on-site monitoring and reporting); noise and vibration mitigation (to include s61 procedure and on-site monitoring and reporting); water management; pollution control; waste minimisation and management; ecology and environmental protection (inc tree protection); emergency planning; community liaison; site logistics and operations; construction vehicle routing; contact details for site managers and details of management lines of reporting; detailed plan showing different phasing, different developers and constructors to be updated on a 6 monthly basis; location of site offices, ancillary buildings, plant, wheel-washing facilities, stacking bays and car parking; storage of any skips, oil and chemical storage etc.; access and egress points to the site; an appropriate audit train encompassing waste disposal activities and waste consignment notes; and opportunities for re-use or recycling and procedures for re-using materials on site
Reason - To comply with the requirements of the NPPF and policies CE3, CE5, CE6, and CL5 of the Core Strategy in ensuring that effects upon air quality in the area are minimised and to accord with the Mayor of London's Best Practice Guidance 'Control of dust and emissions from construction and demolition'.

20)

Public Realm Works Notwithstanding the drawings hereby approved, prior to the construction of the superstructure of any block on the development, full details of all on-site and off-site highway and public realm works including materials, carriageway widths, footway widths and junction arrangements should be submitted to and approved in writing by the Local Planning Authority and the development shall be carried out in accordance with the details so agreed.
Reason - The particulars are considered to be material to the acceptability of the development and the Local Planning Authority wishes to ensure the details of the development are satisfactory, to comply with development plan policies, in particular policies CT1, CR1 and CR4 of the Core Strategy.

21)

Construction Traffic Management Plan (CTMP) No development shall commence (save for any advance infrastructure or enabling works, demolition, below ground or temporary works,) until a Construction Traffic Management Plan has been submitted to and approved in writing by the local planning authority. The statement should include: a) routeing of construction vehicles, including a response to existing or known projected major building works at other sites in the vicinity and local works in the highway; b) access arrangements to the site; c) the estimated number and type of vehicles per day/week; d) details of any vehicle holding area; e) details of the vehicle call up procedure; f) estimates for the number and type of parking suspensions that will be required; g) details of any diversion or other disruption to the public highway during preparation, and construction work associated with the development; h) work programme and/or timescale for each phase of preparation, construction work associated with the development; i) details of measures to protect pedestrians and other highway users from construction activities on the highway; j) a strategy for coordinating the connection of services on site with any programme work to utilities upon adjacent land; and k) where works cannot be contained wholly within the site a plan should be submitted showing the site layout on the highway including extent of hoarding, position of nearby trees in the highway or adjacent gardens, pedestrian routes, parking bay suspensions and remaining road width for vehicle movements. The development shall be carried out in accordance with the approved Construction Traffic Management Plan.
Reason - To minimise the impact of construction works upon highway safety and nearby residents' enjoyment of their properties in accordance with the Subterranean Development SPD and policies CT1 and CL5 of the Core Strategy.

22)

BREEAM requirement for commercial floorspace The non-residential floorspace hereby approved shall achieve a BREEAM rating of Excellent. None of the non residential floorspace hereby approved shall be occupied until a design stage interim 'Excellent' certificate has been achieved. Following the occupation of the non-residential floorspace, a post construction review certificate, certifying that a BREEAM rating of Excellent has been achieved, shall be submitted to the Local Planning Authority within 1 year of the occupation.
Reason - to ensure that the development contributes to the attainment of sustainable development and to comply with Policy CE1 of the Core Strategy 2010.

23)

Air Quality No development (save for demolition) shall commence until a Low Emissions Strategy is submitted to and approved in writing by the Local Planning Authority. The low emission strategy must provide finalised calculations of the total NOx and PM10 emissions from the new development by each parcel and provide a list of the low emission measures that will be adopted on site. (Any combustion plant proposed should meet a NOx emissions standard of 40mg/kWh. Where any installations do not meet this emissions standard it should not be operated without the fitting of suitable NOx abatement equipment or technology as determined by a specialist to ensure comparable emissions. Following installation emissions certificates will need to be provided and prior to first occupation of any building within the development parcel. Any such measures approved by the Local Planning Authority shall be implemented in accordance with the approved strategy.
Reason - To ensure the development's air pollution impacts are mitigated in accordance with the requirements of Policy 7.14 of the London Plan 2011, and Policy CE5 of Core Strategy 2010.

24)

Combustion plant Prior to installation or use of any combustion plant including temporary installations, details of any chimney stack/flue and its location shall be submitted to and approved in writing by the Local Planning Authority ( located so that it is away from ventilation intakes or accessible areas and at a sufficient height and discharge velocity to disperse the exhaust emissions). Details of the selected combustion plant (including abatement equipment), their emissions and maintenance schedule shall be provided to the Local Planning Authority for approval. NOx emissions of boilers shall not exceed 40mg/kWh of dry NOx (at 0% O2) and CHP plant shall not exceed the Band B emissions standards set out in the Sustainable Design and Construction SPG (London Plan).
Reason - To ensure the development's air pollution impacts are mitigated in accordance with the requirements of Policy 7.14 of the London Plan 2011, and Policy CE5 of Core Strategy 2010.

25)

Contaminated Land Unless the Local Planning Authority agree in writing that a set extent of development must commence to enable compliance with this condition, no development shall commence until a preliminary risk assessment report for the development is submitted to and approved in writing by the Local Planning Authority. This report shall comprise: a site reconnaissance; a review of desk top study material to produce a conceptual site model indicating potential pollutant linkages between sources, pathways and receptors, including those in the surrounding area and those planned at the site; and a qualitative risk assessment of any potentially unacceptable risks arising from the identified pollutant linkages to human health, controlled waters and the wider environment including ecological receptors and building materials. All works shall be carried out in compliance with and by a competent person who conforms to CLR 11: Model Procedures for the Management of Land Contamination (Defra 2004) or the current UK requirements for sampling and testing.
Reason - To ensure that the risks from land contamination to the future users of the site and neighbouring land are minimised in accordance with policy CL7 of the Core Strategy.

26)

Contaminated Land Unless the Local Planning Authority agree in writing that a set extent of development must commence in order to comply with this condition, no development shall commence until a site investigation scheme for the development has been submitted to and approved in writing by the Local Planning Authority. This scheme shall be based upon and target the risks identified in the approved preliminary risk assessment and shall provide provisions for, where relevant, the sampling of soil, soil vapour, ground gas, surface and groundwater. All works shall be carried out in compliance with and by a competent person who conforms to CLR 11: Model Procedures for the Management of Land Contamination (Defra 2004) or the current UK requirements for sampling and testing.
Reason - To ensure that the risks from land contamination to the future users of the site and neighbouring land are minimised in accordance with policy CL7 of the Core Strategy.

27)

Contaminated Land Unless the Local Planning Authority agree in writing that a set extent of development must commence in order to comply with this condition, no development shall commence until a site investigation has been undertaken in compliance with the approved site investigation scheme and a quantitative risk assessment report is submitted to and approved in writing by the Local Planning Authority. This report shall: assess the degree and nature of any contamination identified on the site through the site investigation; include a revised conceptual site model from the preliminary risk assessment based on the information gathered through the site investigation to confirm the existence of any remaining pollutant linkages and determine the risks posed by any contamination to human health, controlled waters and the wider environment. All works shall be carried out in compliance with and by a competent person who conforms to CLR 11: Model Procedures for the Management of Land Contamination (Defra 2004) or the current UK requirements for sampling and testing.
Reason - To ensure that the risks from land contamination to the future users of the site and neighbouring land are minimised in accordance with policy CL7 of the Core Strategy.

28)

Contaminated Land Unless the Local Planning Authority agree in writing that a set extent of development must commence to enable compliance with this condition, no development shall commence until a remediation method statement (if required) is submitted to and approved in writing by the Local Planning Authority. This statement shall detail any required remediation works and shall be designed to mitigate any remaining risks identified in the approved quantitative risk assessment. All works shall be carried out in compliance with and by a competent person who conforms to CLR 11: Model Procedures for the Management of Land Contamination (Defra 2004) or the current UK requirements for sampling and testing.
Reason - To ensure that the risks from land contamination to the future users of the site and neighbouring land are minimised in accordance with policy CL7 of the Core Strategy

29)

Contaminated Land Unless the Local Planning Authority agree in writing that a set extent of development must commence to enable compliance with this condition, no development shall commence until the approved remediation method statement (if required) has been carried out in full and a verification report confirming this works has been submitted to, and approved in writing, by the Local Planning Authority. This report shall include: details of the remediation works carried out; results of any verification sampling, testing or monitoring including the analysis of any imported soil; all waste management documentation showing the classification of waste, its treatment, movement and disposal; and the validation of gas membrane placement. Should additional material be brought on to site following the submission of the verification report, further evidence will be required to show that the material is suitable for use, prior to any site occupation.
Reason - To ensure that the risks from land contamination to the future users of the site and neighbouring land are minimised in accordance with policy CL7 of the Core Strategy.

30)

Contaminated Land Unless the Local Planning Authority agree in writing that a set extent of development must commence to enable compliance with this condition, no development shall commence until an onward long-term monitoring methodology report (if required) has been produced and is submitted to and approved in writing by the Local Planning Authority where further monitoring is required past the completion of development works to verify the success of the remediation undertaken. A verification report of these monitoring works shall then be submitted to and approved in writing by the Local Planning Authority when it may be demonstrated that no residual adverse risks exist. All works shall be carried out in compliance with and by a competent person who conforms to CLR 11: Model Procedures for the Management of Land Contamination (Defra 2004) or the current UK requirements for sampling and testing.
Reason - To ensure that the risks from land contamination to the future users of the site and neighbouring land are minimised in accordance with policy CL7 of the Core Strategy.

31)

Contaminated Land If, during development, contamination not previously identified is found to be present at the site, the Local Planning Authority is to be informed immediately and no further development (unless otherwise agreed in writing by the Local planning Authority) shall be carried out until a report indicating the nature of the contamination and how it is dealt with is submitted to, and agreed in writing by, the Local Planning Authority. Any required remediation shall be detailed in an amendment to the remediation method statement and verification of these works included in the verification report. All works shall be carried out in compliance with and by a competent person who conforms to CLR 11: Model Procedures for the Management of Land Contamination (Defra 2004) or the current UK requirements for sampling and testing.
Reason - To ensure that the risks from land contamination to the future users of the site and neighbouring land are minimised in accordance with policy CL7 of the Core Strategy.

32)

Waste Strategy The Waste Strategy shall be implemented in accordance with the details set out in the Waste Strategy carried out by Hoare Lea dated 19th January 2015 and maintained permanently thereafter.
Reason - In order to ensure that satisfactory provision is made for refuse storage and collection, in accordance with Policies 5.18 and 5.19 of the London Plan 2011, Policy CE3 of the Royal Borough of Kensington and Chelsea Core Strategy 2010.

33)

Professional management of engineering works No development shall commence until a Chartered Civil Engineer (MICE) or Chartered Structural Engineer (MI Struct.E)ÿhas been appointed to supervise the construction works throughout their duration and their appointment confirmed in writing to the Local Planning Authority. In the event that the appointed engineer ceases to perform that role for whatever reason 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 policy CL7 of the Core Strategy.

34)

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 Subterranean Development SPD and policy CL5 of the Core Strategy.

35)

Permitted Development restrictions Notwithstanding the provisions of Part 40 of Schedule 2 to the Town and Country Planning (General Permitted Development) Order 1995 as amended, no additional solar PVs other than those permitted by this permissions within the curtilage of the residential units which form part of the development shall be carried out without planning permission first being granted by the Local Planning Authority.
Reason - In the interests of the living conditions of neighbouring properties and ensure there is would not be a proliferation of solar panels within the development and to ensure a good standard of design.

36)

Permitted Development restrictions Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 as amended (or any Order revoking or re-enacting that Order with or without modification), no aerials, antennae, satellite dishes or related telecommunications equipment shall be erected on any part of the development, without planning permission first being granted by the Local Planning Authority.
Reason - To ensure that the visual impact of telecommunication equipment can be considered, in accordance with Policy 3.5 of the London Plan 2011 and Policy CL6 of the Core Strategy 2010.

37)

Permitted Development restrictions Notwithstanding the provisions of Classes A, B, C, D, E, F and G of Part 1 of Schedule 2 to the Town and Country Planning (General Permitted Development) Order 1995 as amended, no development within the curtilage of the residential units which form part of the development shall be carried out without planning permission first being granted by the Local Planning Authority.
Reason - In the interests of the living conditions of neighbouring properties within the development and to ensure a good standard of design, in accordance with Policy 3.5 of the London Plan 2011 and Policies CL2 and CL5 of the Core Strategy 2010.

38)

Tree Protection Measures The tree protection measures contained in the Arboricultural Technical Note- January 2015 (Prepared by Aecom for EC Properties LP) shall be carried out in full.
Reason - To ensure the existing trees in the vicinity of the development are protected in accordance with Core Strategy Policy CR6

39)

Cycle Parking The details of the cycle parking as shown on drawing WBS-ARP-XXX-XX-LE-DGA-L00-L201 and ECV-P&P-WBV-XX-AE-DFP-LB1-A098 Rev P3 shall be implemented in full prior to first occupation of the development.
Reason - To ensure adequate cycle provision is provided in accordance with Core Strategy Policy CT1

40)

Sound Insulation Prior to the commencement of superstructure to Building 1, a scheme of sound insulation, designed to prevent the transmission of excessive airborne and impact noise between the proposed non residential uses and residential uses shall be submitted to and agreed in writing by the Local Planning Authority. The sound insulation shall be installed and maintained in accordance with the details so approved and the residential dwellings shall not be occupied until the approved scheme has been fully implemented.
Reason - To ensure that no adverse affect on the amenity of future occupiers in accordance with Core Strategy Policies CL5 and CE6

41)

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.

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.

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 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.

4)

Surface Water Flooding
Please be aware that surface water flooding occurs within the borough. The areas prone to this type of flooding are shown on Map 17 of the Council's SFRA. You are advised to consider whether your property is at risk of surface water flooding, and if so, to prepare a Flood Risk Assessment highlighting how any mitigation techniques will be integrated into your proposal. If planning permission has already been granted for the subterranean development, the Council will still need to consider the impact of the mitigation techniques on the character and appearance of the area.

5)

Liability for Subsidence or Damage
The responsibility and any liability for the safe development of the site rests with the developer and/or landowner. Although the Council has used its best endeavours to determine this application on the basis of the information available to it, this does not mean that the land or adjoining land will necessarily remain free from instability. The Council's consideration has been only on the basis of the development proposed, and these considerations may be different in relation to any other development. The question of stability of adjacent land has been a material planning consideration, and the resolution of this issue for the purposes of granting planning permission does not necessarily imply that the requirements of any other controlling authority would be satisfied and, in particular, the granting of planning permission does not give any warranty for support or stability or against damage of adjoining or nearby properties.

6)

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

7)

Thames Water
Construction of basements - Thames Water requests that the Applicant should incorporate within their proposal protection to the property by, for example, the use of a non-return valve or other suitable device to avoid the risk of backflow at a later date, on the assumption that the sewerage network may surcharge to ground level during storm conditions. Water Infrastructure - On the basis of information provided, Thames Water would advise that with regard to water infrastructure they would not have any objection to the above planning application.

8)

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. The scheme was submitted in accordance with advice provided through pre-application discussions.

9)

Unique text
For the avoidance of doubt, reference to "below ground works" in conditions 3, 4, 5, 6, 7, 8 9, 19 and 21 does not relate to the excavation of the permitted basement.

11)

Working Hours on Building Sites
You are advised that that construction and demolition work is controlled by the Council under Section 60 and 61 of the Control of Pollution Act 1974. In particular, building work which can be heard at the boundary of the site shall only be carried out between the following hours: Monday to Friday - 08.00 to 18.30 Saturdays - 08.00 to 13.00 Sundays and Bank Holidays - No noisy works at all Builders who undertake noisy work outside of these hours may be liable for prosecution and a fine of up to o5,000 where a notice has been previously served under the Control of Pollution Act 1974.

12)

S.61 of Control of Pollution Act 1974
Your attention is drawn to Section 61 of the Control of Pollution Act 1974, which allows developers and their building contractors to apply for `prior consent' for noise generating activities during building works. This proactive approach involves assessment of construction working methods to be used and prediction of likely construction noise levels at sensitive positions, with the aim of managing the generation of construction noise using the `best practicable means' available. You are advised to engage an acoustic consultant experienced in construction noise and vibration assessment and prediction to complete your s.61 application.ÿRelevant information can be found here S.61 Control of Pollution Act 1974

Committee details

Decision by: This case is currently due to be decided by the Planning Applications Committee.
Date:17 Mar 2015
Report item number:STR4

Appeal details

This case has not been appealed.

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Contact details

Planning case officer:
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/15/00369