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What is Condition 42?

Condition 42

In our last edition we provided a brief update on proposed changes to Condition 42 of the planning agreement. Here, we offer a more detailed explanation and status update in response to requests from some residents. The most important thing to note is that full planning permission for Phase 1 is in place, the regeneration is underway and KHT remains fully committed to delivering all of its sustainability standards.

What is Condition 42?

Condition 42 is a clause in the original planning document which requires all new homes in the development to meet an agreed target for sustainability/energy efficiency. It requires the developer to prove that all new homes will be well insulated and well ventilated so that they do not use any more energy than is absolutely necessary.

Why does KHT want to remove it?

KHT does not wish to remove the condition, we simply wish to make some changes to the wording on the planning agreement. At the moment the wording states that KHT must provide detailed information to evidence how it will meet sustainability standards for all new homes before starting work on site. With such a large and long-term project, that is clearly impractical and, as a solution, KHT has requested that Condition 42 is applied on a phase-by-phase basis rather than across the development as a whole.

In practical terms, nothing has changedother than the wording of a legal document. KHT remains bound by the same requirements and is still committed to meeting our sustainability standards and delivering homes that are energy efficient and economical to run.

Will the new homes be just as environmentally friendly?

Yes. The amendment to the planning agreement will not change the design or construction of the new homes. What it means in practice is that no phase of development will be able to take place without KHT having submitted and approved a Code for Sustainable Homes certificate which demonstrates that all of the proposed new homes within that phase will achieve a Code for Sustainable Homes rating of level 3 or higher.

What happens next?

KHT has approached the Royal Borough of Kensington & Chelsea (RBKC) to ask for changes to be made. We have requested that the wording (highlighted in bold) is included into the original condition:

‘For each phase of the development, unless otherwise agreed in writing by the Executive Director, Planning and Borough Development,

no development shall commence until a design stage Code for Sustainable Homes certificate has been submitted to and approved in writing by the Executive Director, Planning and Borough Development to demonstrate that all of the proposed residential units within that phase will achieve a Code for Sustainable Homes rating of level 3 or higher’.

Should you wish to inspect the submission, you can do so at the Town Hall, Hornton Street, London, W8 7NX, as soon as the planning application has been formally registered. Any comments relating to the application must be made to the Royal Borough within 14 days of the date of the newsletter.

Athlone Gardens

Access arrangements to Athlone Gardens have recently been changed to allow for the construction of Phase 1. The Wornington Road entrance will be closed. The main entrance from Portobello Road will stay open and with the agreement of the Royal Borough of Kensington & Chelsea, a new second access point has been created and a new gate fitted between Telford and Wheatstone House to give both residents and the general public access to the park. This gate will be opened and closed by staff from the Borough.

Following a recent request from the Council, residents are asked to help monitor access to Athlone Gardens. This is a new arrangement so if for any reason, the park is left unlocked residents are asked to contact Kensington & Chelsea Council on 020 7373 2227 out of office hours and 020 7361 3003 during office hours.

Construction work

As part of the current phase of construction, services continue to be disconnected prior to the demolition of existing properties. The gas is being isolated from the gas main positioned on the corner of Munro Mews and Wornington Road. Residents in occupied properties should be unaffected by these works.


Hoardings are now in place around parts of Athlone Gardens and are being extended to cover the remaining site
area. All hoardings should be in place by the end of February and will display information about the new development.


From the beginning of February onwards, work will start to protect and preserve the trees around the park and on Wheatstone Road so that they are not affected by the site traffic and ongoing works.