After your application has been determined
Once you have received your decision, please read the
information below to ascertain if there is anything else you must
do before proceeding with your development. If you have had your
application refused, the information under Refusals and
Appeals may be of interest.
Approval of details reserved by condition
Most planning approvals contain some planning conditions.
Conditions are used to ensure that development that may not be
considered acceptable, can be approved subject to certain criteria.
These criteria are detailed in conditions. Some conditions require
you to submit details about particular aspects of the development
and others restrict certain things you can do as part of the
development. The approval of details reserved by conditions is also
known as 'discharging conditions.'
A typical condition requiring the submission of further details
may read
'Details of the glazing to be used on the ground floor
rear window should be submitted to and approved in writing by the
Executive Director, Planning and Borough Development prior to the
commencement of the development'.
A typical condition restricting things you can do as part of the
development may read
'The roof of the rear extension hereby approved shall not be
used at any time as a roof terrace without the prior approval of
the Executive Director, Planning and Borough Development'.
Any condition that requires the submission of details must be
'discharged' in accordance with the wording of the condition. In
most cases this is before any works starting on site.
Occasionally, some conditions can be discharged prior to the
relevant part of the development taking place. Please consult your
decision notice for the exact wording of your conditions.
In order to discharge a planning condition, you must submit the
details, along with a completed application form and the
appropriate fee to the planning department. All approval of
details applications incur a fee with the exception of
conditions imposed on listed building consents and conservation
area consent applications. It may take up to 8 weeks to receive a
decision on a discharge of condition application.
You can discharge more than one planning condition at a time as
long as you make it clear on your application form which conditions
you are discharging. In addition, you must provide the relevant
details required for each condition. A fee is payable per discharge
of condition application. Therefore, if you put all the conditions
that need to be discharged on one application, you only need to pay
one fee. However, if you choose to discharge the conditions at
different times then you must pay for each request.
Construction Traffic Management Plans (CTMPs)
If you have a condition on your planning approval requesting a
Construction Traffic Management Plan, the Council has
developed a pro-forma to help you with discharging the condition.
It asks specific questions in order that the correct level of
detail is provided to allow us to consider the request.
The advantages of using this pro-forma are;
- developers will know exactly what is expected of them and will
not need to provide unnecessary lengthy introductions or
explanations
- information requested/provided will be consistent for all
private developments within the borough
- we will be able to review and process each CTMP in a more
efficient manner
- the pro-forma contains useful guidance notes for the
developer
See the Construction
Traffic Management Plans webpage.
Amendments to an application
If once your application has been approved, you decide
to make changes to the scheme, you can apply for amendments to the
development. If the changes you wish to make are considered to be
very minor, or non-material, you can submit an application for
non-material amendments. Applications for non-material amendments
will not be the subject of publicity.
There is no set definition of non-material and ultimately it is
for the Council to decide whether you require a new application. We
may well reject an application for a non-material amendment if your
proposal involves any of the following (this list is not
exhaustive):
- alteration(s) which would need to be the subject of
consultation with neighbours, technical groups, consultees or
others before we can reach an informed decision or to avoid
prejudicing that party
- reinstating any feature objected to as part of the original
permission
- removing any revision negotiated when the application was first
considered
- conflicting with the requirements of a condition on the
original permission
- moving any building
- significantly increasing the volume of a building
- significantly increasing the internal content of a building,
even if the overall size is not significantly larger
- increasing the height of a building
- adding equipment or other structure to a roof
- adding a window that may cause overlooking
- amending the site area
- altering any ground level
- amending the description of the development or introducing new
element(s) which were not part of the original scheme
- significantly altering the external appearance of the permitted
proposal
- amending the external materials or finishes in a way that would
have a significant impact on the appearance of the development
- amending the proposal in a way which reduces the design quality
of the development originally permitted
- alteration(s) which, when taken with previously approved
non-material amendments, would amount to a material change; and
Alteration(s) which make the development conflict with the
Development Plan or national guidance
Minor material amendments
If minor changes to an application cannot be considered to be
non-material then you may need to apply for minor material
amendments, otherwise know as a Section 73 application (S.73) or a
variation of planning condition.
A S.73 application allows you to substitute revised plans for
those that have already been approved.
Post application advice
For some applications, particularly the larger, more complex
ones, we offer advice post determination on how to meet imposed
conditions. Please see the planning advice page for further
information.
Planning Enforcement
If you think a development may not be being constructed in
accordance with the approved plans, you can refer the matter to our
planning enforcement team. This team will investigate possible
breaches of planning control.
Obtaining copies of determined plans and decision notices
Plans and decision notices from 1947 up until 1995 are available
on Microfiche records at the Town Hall. These can be viewed during
normal office hours. There is no need for an appointment.
Plans and decision notices from 1995 until 1999 inclusive are
available as scanned files at the Town Hall. These can be viewed
during normal office hours. There is no need for an
appointment.
Plans and decision notices from 2000 to present day are
available on the Council’s website. Please click on the link below
to search for an application.
Alternatively, you can request copies of decision notices and
plans from the Council. These requests should be made in writing to
the address below or emailed to planning@rbkc.gov.uk. There is a
charge for the Council providing this information. Please see our
Schedule of Charges for up to date charges. You will be invoiced
for the documents provided.
- Schedule of
Charges 2012/13 [PDF] (file size 76.8kb)
- Postal address: Records department, Planning and Borough
Development, Royal Borough of Kensington and Chelsea, Town Hall,
Hornton Street, London, W8 7NX
Plans, drawings and other material submitted to the Council are
protected by the Copyright Acts (Section 47, 1988 Act). You may
only use material which is downloaded and/or printed for
consultation purposes, to compare current applications with
previous schemes and to check whether developments have been
completed in accordance with approved plans. Further copies must
not be made without the prior permission of the copyright
owner.
Please be aware that the planning department will only have
copies of plans if a planning application has been submitted. The
Planning department does not hold plans for every property in the
borough.