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Processing Applications

How we deal with applications

Once an application is received, it is checked to ensure that it is complete. It is then given a reference number and entered into a Register, which is open for public inspection. A decision should be made within eight weeks, but some cases can take longer.

Advertising

Some applications have to be advertised in a local newspaper and on site. These are applications that involve works to a listed building, a major development or a Conservation Area. Notices are displayed on site. These give details of the application including the name of the applicant.

Consultations/Notifications

Having registered the application, consultation and notifications are carried out. These broadly fall into two categories:

  1. Requesting comments on technical aspects from public bodies, such as English Heritage for Listed Buildings.

  2. Informing neighbours. The Council is required for most applications to consult the occupiers of all adjoining land or put up a Site Notice. It is the Council's practice to write to all those likely to be immediately affected by a proposal, inviting them to view the application and give comments in writing.

Policy Considerations

The planning application is considered against the policies set out in the Unitary Development Plan, revised and adopted in May 2002. These are not mandatory but applications must be determined in accordance with the Plan unless "material considerations" indicate otherwise.

Material considerations include the site history, appeal decisions, Central Government Guidance, and local representations. All these policies and factors are weighed together before a recommendation is made. During the course of considering the application the Council's officers will visit the site and, if necessary, call at adjoining properties.

After taking into account all the above factors, it is usually clear whether or not the proposal is acceptable in principle. It may be necessary to discuss the proposal in more detail with the applicants in an attempt to overcome objections.

The next stage depends on the nature of the proposal. Non-controversial proposals which comply with the Council's policies and to which less than three objections have been received during the statutory consultation period may be determined by the Executive Director, Planning and Conservation under "delegated powers" and do not have to go before the Planning Applications Committee.

In other cases a report is prepared and submitted to the Planning Applications Committee for a decision. The Committee consists of locally elected councillors and meets approximately every two weeks.

A list of the current Committee members and dates of meetings can be obtained from the Planning Information Office and the Governance Services Section of this website.

Decisions

Shortly after a decision has been made a Decision Notice is issued. There are three types of decision:

  1. Conditional Permission or Approval – these account for the majority of decisions
  2. Unconditional Permission or Approval, and
  3. Refusals – reasons are given

The decision is entered into the Statutory Register and is available for public inspection.

Finally, applicants are advised that before they implement their permission, they should double check that they have obtained all other consents they may require and that the work does not infringe any restructure covenants.

Consultation/Notification

When a planning application is received, the Council writes to adjoining occupiers inviting them to view and to comment on the application.

The Council publishes a list of all applications, Planning, Listed Building, Control of Advertisement, Certificates of Proposed or Existing Lawful development in the Kensington and Chelsea Informer each week and on its website. You may also subscribe to the Council's free email alert service of new applications in your street or area.

How to Comment

All comments must be made in writing. Representations are normally invited within 21 days of a notification letter, but it is helpful if your response is sent as soon as possible so that it can be taken into consideration at an early stage.

Plans and documentation accompanying an application may be viewed on this website under 'current applications' and also are available at the Planning Information Office, at the Town Hall.

All letters of representation have to be made available for public inspection.

What to Say

There are no hard and fast rules about the comments you may have about an application as each scheme is different.

However, comments should be restricted to relevant planning issues, as other matters cannot be taken into account by the Planning Applications Committee when reaching a decision. Relevant issues are generally those concerned with the use and the environmental, physical and visual impact a proposal will have on its surroundings.

The Planning Applications Committee is unable to take into account other issues such as the financial effect on adjoining properties.

It is always advisable to look at the planning application prior to making comments, and the Planning Department Staff will be pleased to advise you about particular aspects of a proposal and its likely effects.

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