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Property details

Case reference: PP/23/05556
Address: 17 Mulberry Walk, LONDON, SW3 6DZ
Ward: Stanley
Polling district: 18
Listed Building Grade: N/A
Conservation area: Chelsea Park/Carlyle

Applicant details

Applicant's name: Clark
Applicant company name: Firstplan Ltd
Contact address: Broadwall House 21 Broadwall London SE1 9PL

Proposal details

Application type: PP (Planning permission)
Proposed development Variation of condition 2 (Compliance with approved drawings) and 4 (Sash windows and doors in painted timber) of planning permission 22/05871 to change approved rear doors at ground floor level from timber to aluminium frames.
Date received: 22 Aug 2023
Registration date:
(Statutory start date)
01 Sep 2023
Public consultation ends: 29 Sep 2023
Application status: Decided
Target date for decision: 27 Oct 2023

Decision details

This case has not yet been decided.

Decision: Grant Planning Permission/Consent
Decision date: 12 Oct 2023
Conditions and reasons:

1)

Time Limit The development hereby permitted shall be begun before the expiration of three years from the date of this permission.
Reason - As required by Section 91 of the Town and Country Planning Act 1990, to avoid the accumulation of unexercised Planning Permissions.

2)

Compliance with approved drawings The development shall not be carried out except in complete accordance with the details shown on submitted plans
Reason - The details are material to the acceptability of the proposals, and to ensure accordance with the development plan.

3)

Materials - To match existing All work and work of making good shall be finished to match the existing exterior of the building in respect of materials, colour, texture, profile and, in the case of brickwork, facebond and pointing, and shall be so maintained.
Reason - To preserve the appearance of the building and/ the character of the area in accordance with policies of the development plan in particular policies CL1, CL2, CL3 and CL6 of the Local Plan 2019.

4)

Sash windows and doors in painted timber External windows and doors above ground floor level shall be timber framed and painted, with the windows being double hung, white painted, sliding sashes, and so maintained.
Reason - To preserve the appearance of the building and the character of the area, in accordance with policies of the development plan in particular policies CL1, CL2, CL3 and CL6 of the Local Plan 2019

5)

Roof Terrace - Black painted railings The railings to the roof terrace shall be black painted metal, and so maintained.
Reason - To preserve the appearance of the building and the character of the area, in accordance with policies of the development plan in particular policies CL1, CL3 and CL6 of the of the Local Plan 2019.

6)

Code of Construction Practice The development shall be carried out in accordance with the Appendix A Checklist and SCMP approved by the Council's Construction Management Team, or in accordance with a subsequent Checklist or SCMP as may be approved under this condition. Note - The Council's Construction Management Team work independently of the planning department. For further information regarding the Code and how the required details should be submitted to them, the Council's Construction Management Team can be contactedÿon email at:ÿ[email protected] or tel: 020 7361 3002
Reason - To mitigate the impact of construction work upon the levels of amenity that neighbouring occupiers should reasonably expect to enjoy, and to comply with the Basements and Transport and Streets SPDs and policies CL5, CT1, CE5 and CE6 of the Local Plan 2019. It is necessary for the condition to be on the basis that 'No development shall commence until' as compliance with the requirements of the condition at a later time would result in unacceptable harm contrary to the policies of the Local Plan 2019.

7)

Sustainable Urban Drainage System (SuDS) During construction of the development hereby permitted the Sustainable Urban Drainage System (SuDS) by SuDS Designs, approved under application CON/22/07301, shall be fully implemented and maintained thereafter.
Reason - To reduce flood risk and to contribute to sustainability in accordance with policy CE2 of the Local Plan 2019.

Informatives:

1)

Enforcement of Conditions (PP)
Your attention is drawn to the Conditions of this Permission and to the Council's powers of enforcement, including the power to serve a Breach of Condition Notice under the Town and Country Planning Act 1990, as amended. All Conditions must be complied with. If you wish to seek to amend a Condition you should apply to do so under s.73 of the Act, explaining why you consider it is no longer necessary, or possible, to comply with a particular condition.

2)

Variations to Approved Drawings
Planning permission is hereby granted for the development as shown on the approved drawings. Any variation to the approved scheme may require further permission, and unauthorised variations may lay you open to planning enforcement action. You are advised to seek advice from the Directorate of Planning and Place, before work commences, if you are thinking of introducing any variations to the approved development. Advice should urgently be sought if a problem occurs during approved works, but it is clearly preferable to seek advice at as early a stage as possible. Use the following link to see how advice can be obtained: Planning Advice Service

3)

Building Regs - Separate Approval
Separate approval for the works hereby granted permission/consent may be required by the Building Act 1984 and the Building Regulations 2018 (as amended), and the grant of planning permission does not imply that such approval will be given. The District Surveyor, Town Hall, Hornton Street, W8 7NX should be consulted before works commence.

4)

Party Wall Act 1996
You are reminded of your duties under the Party Wall Act 1996. This requires a building owner to notify and obtain formal agreement from adjoining property freeholders and leaseholders and anyone who has had an interest of 12 months or greater, where the building owner intends to carry out work which involves: Work involving an existing shared wall with another property; Building on the boundary with another property; Excavating near a neighbouring building, and that work falls within the scope of the Act Notice should be served on neighbours at least one month before commencement of building works. Section 12(1) of the Act provides for the developer to provide security for neighbours through insurance or a security bond. Procedures under this Act are separate from the need for planning permission and for building regulations approval. Further guidance is available at: Party Wall Act 1996

5)

Unique text
The applicant is advised to review the CLC5 guidance (Testing for imported or reused soils and fills) on the Council's website (https://www.rbkc.gov.uk/environment/advice-builders/land-contamination) ÿfor soils/fills used inÿplanting/garden/paving areas. The responsibility to properly address contaminated land issues, including safe development and secure occupancy, and irrespective of any involvement by the Royal Borough, lies with the owner/developer of the site.ÿ No contaminated land condition is recommended for this planning application as the chance of significant contamination being found with the potential to cause harm is considered to be low. ÿDespite this the owner or developer of the property may wish to consider contaminated land issues further before development work starts. Based on this information, observations made during groundworks or as a precaution, the developer should consider whether measures should be taken to investigate or address possible contamination issues.ÿ This may, for example, involve undertaking a more detailed unexploded ordnance assessment, undertaking historical searches or investigation work or providing enhanced ground gas and vapour protection.ÿ The applicant/developer is requested to contact the Council's Contaminated Land Officer (Pollution Regulatory Team) (Tel: 020 761 3002 email: [email protected]) as soon as is practicable should contamination be encountered during the development of the site. Contamination will often be evident either visually or from odours. Visual evidence of contamination may include staining by oil/fuel, coloured liquids/soils uncharacteristic of soil or groundwater, or debris (e.g. asbestos) being present. Odours will usually be obvious and smell of fuels/solvents, be pleasant or unpleasant, or otherwise be uncharacteristic of soil or groundwater. Where land contamination is found during the course of the development, we would recommend that an appropriate level of desk study research and investigation work is undertaken to identify and assess risks from land contamination. Guidance on land contamination planning issues is available from the Council's website.ÿÿ It is the responsibility of the developer to ensure that they comply with the requirements of Contaminated Land, Health & Safety, Waste Management, the Control of Asbestos and Environmental Damage Regulations.

6)

GTD/Pre-app/At submission Est.G/No amend
To assist applicants in finding solutions to problems arising in relation to their development proposals the Local Planning Authority has produced planning policies, and provided written guidance, all of which are available on the Council's website. A pre-application advice service is also offered. The scheme was submitted in accordance with advice provided through pre-application discussions.

Committee details

Decision by: This case is currently due to be decided under delegated powers.

Appeal details

This case has not been appealed.

Planning Inspectorate reference number:
Appeal received:
Appeal type:
Appeal procedure:
Appeal start date:
Deadline for comments to be received by the Planning Inspectorate:
Appeal decision:
Appeal decision date:

Contact details

Planning case officer: Ben Brockey
Planning team: South
Email: [email protected]
Telephone: 020 7361 3012

Comment on this application

The consultation period for this application has ended.

Documents related to case PP/23/05556