14 Old Oak Road London W3 7HQ
Variation of Condition 32 (accessible accommodation) to provide minor material amendments to planning permission reference: 2019/01306/FUL dated 7th July 2020 for the "Demolition of detached house and garage, erection of a replacement three storey building comprising of 6 self-contained residential flats (1 x 1 bedroom, 5 x 2 bedroom) with balconies at first and second floor levels; erection of a detached two-storey, 3-bedroom dwellinghouse; erection of associated cycle and bin storage enclosures; landscaping works including new off-street parking; and a new boundary wall to Old Oak Road and Aldbourne Road." Amendments sought to Condition 32, since it fails Test 6 of the Government guidance on the use of planning conditions as it would mean having to make a significant change to a planning permission that has already been approved contrary to Condition 2 of that permission. In order to comply with the condition we are required to install a lift under the building control regulations and this would require the re-planning of the entire development as the stair core would have to be relocated which would have a knock effect on the unit mix and size as well as the fenestration of the building. Amended Condition 32 to read: "Unit No.1 shall be constructed to meet the requirements of M4(3) Category 3: 'Wheelchair user dwellings' of Approved Document M of the Building Regulations 2010 (2015 edition incorporating 2016 amendments). Unit Nos. 2-6 and the detached dwellinghouse shall be constructed to meet the requirements of M4(1) Visitable dwellings' of Approved Document M of the Building Regulations 2010 (2015 edition incorporating 2016 amendments). All units shall be permanently retained as such thereafter."