Town and Country Planning Act 1990
Town and country planning (control of advertisements) (England) Regulations 2007
Regulation 7: Direction restricting deemed consent
The Secretary of State for Communities and Local Government ('the Secretary of State') has had a proposal made to him by the Royal Borough of Kensington and Chelsea, ( “the Council”), as the local planning authority, that deemed consent for the display of advertisements relating to the letting of residential premises as specified in Class 3A of Schedule 3, Part 1, to the Town and Country Planning (Control of Advertisements) (England) Regulations 2007 (the 'Regulations') should be withdrawn in parts of Kensington and Chelsea.
The Direction would cover for a period of ten years all of the conservation areas to the north of Holland Park Avenue/Notting Hill Gate and in all areas to the south of Holland Park Avenue/Notting Hill Gate within the Royal Borough of Kensington and Chelsea.
The proposal has been publicly advertised and representations made to the Secretary of State in accordance with the provisions of the Regulations. Having considered the proposal, the Secretary of State, in the pursuance of the powers conferred on him by the Regulations, has determined to make a modified Direction to that proposed by the Council.
The Secretary of State proposed that certain areas are to be excluded from the Direction as modified: conservation areas 5 (Holland Park); 7 (Kensington Palace); 9A-9C, (Kensington Square, Kensington Court, De Vere); 13B (Brompton); 14A (Hans Town); 14B (Sloane Square);15 (The Billings); 21 (Thames); 22 (Kensal Green Cemetery); 23 (Brompton Cemetery); 24 (Avondale Park Gardens); 25 (The College of St Mark and St John); parts of conservation areas: 13A (Thurloe/Smiths Charity), 18 Chelsea (northern part), and19 (Cheyne) and the island areas adjoining conservation area 16, (Sloane/Stanley).
The Secretary of State has given the Council and those who made representations to the Secretary of State the opportunity to respond to his modification.
Having considered the representations made to the Council’s proposal and those received in relation to the proposed modification of the Direction, the Secretary of State hereby directs that the provisions of the Regulations shall not apply to the display of advertisements specified in the Schedule to this Direction and in the areas identified in the plans, annexed hereto.
This Direction shall have effect for a period of ten years from the date on which it comes into force in accordance with the provisions of the Regulations.
Schedule
This Direction relates to the display of advertisements for residential properties under Class 3A in Part 1 of Schedule 3 to the Regulations in the following areas:
Conservation Area 1 – Oxford Gardens
Conservation Area 2 – Norland
Conservation Area 3 – Ladbroke
Conservation Area 4 – Pembridge
Conservation Area 5 – Holland Park: Holland Road on both sides
Conservation Area 6 – Kensington
Conservation Area 8 – Edwardes Square/Scarsdale and Abingdon
- The ‘island’ area at the northern end of Earls Court Road bordering Kensington High Street enveloped by Conservation Area 8
- The ‘island’ area to the east of Conservation Areas 8 and 27 up to the western boundary of Conservation Areas 9A, 9C, 9D and the southern boundary of Conservation Area 6
Conservation Area 9D – Cornwall
Conservation Area 10 – Queens Gate
Conservation Area 11 (A-D) – Earls Court Village – Courtfield – Earl’s Court Square – Neverne Square, and two associated island areas: the area delineated by and including Courtfield Road, the south side of Cromwell Road (between and including the eastern side of Ashburn Gardens and western side of Gloucester Road) and including that part of Ashburn Place and Harrington Gardens between conservation areas 11B and 10. Also the island area enclosed by conservation areas 10, 11B, 12 and 13A that includes Rosary Gardens, Brechin Place and the Old Brompton Road.
Conservation Area 12 – The Boltons
Conservation Area 13A – Thurloe/Smiths Charity part (western part, bounded by and including Onslow Gardens (running north-south) and including Selwood Terrace between Old Brompton Road and Fulham Road)
Conservation Area 16 – Sloane/Stanley
Conservation Area 17 – Chelsea Park/Carlyle
Conservation Area 18 – Chelsea (two southern parts only)
Sydney Street on both sides (entire length)
Cheyne Conservation Area 19 – only Oakley Street on both sides
Conservation Area 20 – Royal Hospital
Conservation Area 26 – Philbeach
Conservation Area 27 – Lexham
Conservation Area 28 – Colville
The reasons for the Secretary of State’s decision are set out in his letter of 27 March 2009 to the Council, a copy of which is below:
Secretary of State’s letter of 27 March 2010 [PDF] (file size 904Kb)
Please also see
Map for the Direction [PDF] (file size 240Kb)
Council's letter to the estate agents of RBKC [PDF] (file size 844Kb)
24 August 2010
Robert Segall
Head of Branch
Department for Communities and Local Government
Authorised by the Secretary of State to sign on that behalf
