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Property details

Case reference: PP/23/07002
Address: 56 Chelsea Park Gardens, LONDON, SW3 6AE
Ward: Stanley
Polling district: 18
Listed Building Grade: N/A
Conservation area: Chelsea Park/Carlyle

Applicant details

Applicant's name: Chaabouni
Applicant company name: Icon Architects
Contact address: The Glass House 11 Lettice Street London SW6 4EH

Proposal details

Application type: PP (Planning permission)
Proposed development Excavation of basement under the existing footprint of the property.
Date received: 26 Oct 2023
Registration date:
(Statutory start date)
26 Oct 2023
Public consultation ends: 24 Nov 2023
Application status: Decided
Target date for decision: 21 Dec 2023

Decision details

This case has not yet been decided.

Decision: Grant Planning Permission/Consent
Decision date: 02 Feb 2024
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(s) in respect of materials, colour, texture, profile and, in the case of brickwork, facebond and pointing or as specified in the application, and shall be so maintained.
Reason - To preserve or enhance the appearance of the building and/or 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)

Construction Traffic Management Plan (CTMP) No development shall commence until a Construction Traffic Management Plan has been submitted to and approved in writing by the local planning authority. The statement should include: a) routeing of demolition, excavation and construction vehicles, including a response to existing or known projected major building works at other sites in the vicinity and local works in the highway; b) access arrangements to the site; c) the estimated number and type of vehicles per day/week; d) details of any vehicle holding area; e) details of the vehicle call up procedure; f) estimates for the number and type of parking suspensions that will be required; g) details of any diversion or other disruption to the public highway during preparation, demolition, excavation and construction work associated with the development; h) work programme and/or timescale for each phase of preparation, demolition, excavation and construction work associated with the development; i) details of measures to protect pedestrians and other highway users from construction activities on the highway; and j) where works cannot be contained wholly within the site a plan should be submitted showing the site layout on the highway including extent of hoarding, position of nearby trees in the highway or adjacent gardens, pedestrian routes, parking bay suspensions and remaining road width for vehicle movements. The development shall be carried out in accordance with the approved Construction Traffic Management Plan. A one page summary of the requirements of the approved CTMP shall be affixed to the frontage of the site for the duration of the works at a location where it can be read by members of the public.
Reason - To minimise the impact of construction works upon highway safety and nearby residents' enjoyment of their properties in accordance with the Basements SPD and policies CL7, CT1 and CL5 of the Local Plan 2019.ÿ It is necessary for the condition to be on the

5)

Professional management of engineering works No development shall commence until (A) a Chartered Civil Engineer (MICE) or Chartered Structural Engineer (MI Struct.E)ÿhas been appointed for the duration of building works and their appointment confirmed in writing to the Local Planning Authority, and (B) the name, and contact details of the person supervising engineering and construction on site for the duration of building works have been confirmed in writing to the Local Planning Authority.ÿ In the event that either the Appointed Engineer or Appointed Supervisor cease to perform that role for whatever reason before the construction works are completed, those works shall cease until a replacement chartered engineer of the afore-described qualification or replacement supervisor has been appointed to supervise their completion and their appointment confirmed in writing to the Local Planning Authority. At no time shall any construction work take place unless an engineer and supervisor are at that time currently appointed and their appointment has been notified to this Authority in accordance with this condition.
Reason - The details are considered to be material to the acceptability of the proposal, and for safeguarding the amenity of neighbouring residential properties and to comply with the Basements SPD and policy CL7 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 Development Plan

6)

Considerate Constructors Scheme (CCS) No development shall commence until such time as the lead contractor, or the site, is signed to the Considerate Constructors Scheme (CCS) and its published Code of Considerate Practice, and the details of (i) the membership, (ii) contact details, (iii) working hours as stipulated under the Control of Pollution Act 1974, and (iv) Certificate of Compliance, are clearly displayed on the site so that they can be easily read by passing members of the public, and shall thereafter be maintained on display throughout the duration of the works forming the subject of this permission.
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 SPD and policy CL5 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 Development Plan.

7)

Code of Construction Practice No development shall commence until: An Appendix A Checklist and Site Construction Management Plan (SCMP) for the development have both been submitted to, and approved in writing, by the Council's Construction Management Team, and then B) Copies of the approved Checklist and Plan, and their written approval, have been submitted to the local planning authority to be placed on the property record. The development shall be carried out in accordance with the Appendix A Checklist and SCMP so approved, 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.

8)

Sustainable Urban Drainage System (SuDS) (for major and minor applications - implementation) During construction of the development hereby permitted the submitted Sustainable Urban Drainage System (SuDS) 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.

9)

Trees - lopping and topping For the duration of works, the protection measures and precautions detailed in Arboricultural Method Statement shall be fully implemented and no tree shown as retained shall be lopped, topped, or felled, or root pruned, without the prior written approval of the local planning authority.
Reason - To ensure that the trees are adequately protected, to safeguard their contribution to theÿappearance and amenity of the area and accord with policies of the development plan, in particular policy CR6 of the Local Plan 2019.

10)

Small Scale Dust Management Plan (SSDMP) No development (including demolition) shall commence until a Dust Management Plan [setting out best practical means to minimise construction dust in line with the Mayor of London's guidance - The Control of Dust and Emissions from Construction and Demolition] is submitted to, and approved in writing by, the local planning authority.ÿThe SSDMPP shall be fully implemented during the course of demolition and development.ÿ
Reason: To ensure any impact on air quality is both minimised and managed and to comply with the NPPF (2021), development plan policies and Air Quality policies of the Local Plan.

11)

Energy Strategy (Air Quality) No construction works shall take place until an Energy Strategy (Air Quality) has been submitted to and approved in writing by the Local Planning Authority. The strategy shall demonstrate that the approved development has made acceptable provisions to utilise sustainable heating / cooling and ventilation methods. The Strategy shall include the following: evidence of the emissions of the plant. Boilers shall have NOx emissions rates of less than 40mg/KWh NOx (@ 0% O2) and CHP shall have an emission limit of no less than 95 mg/Nm3 NOx (at reference O2). evidence to show that any chimney stack/flue will be located so that it is away from ventilation intakes, windows or accessible areas and at a sufficient height and discharge velocity to disperse the exhaust emissions. Termination height is to meet a minimum of 2.00 metres above any openable window and/or roof amenity area. Approved details shall be fully implemented prior to occupation of the development and thereafter permanently retained and maintained.
Reason: To ensure any impact on air quality is both minimised and managed and to comply with the NPPF (2021), development plan policies and Air Quality policies of the Local Plan.

12)

Contamination - preliminary risk assessment report and proposed site investigation No development shall commence until a Preliminary Risk Assessment (PRA) and a Proposed Intrusive Site Investigation Design (PSID) for the site and surrounding area are submitted to, and approved in writing by, the local planning authority [The PRA and PSID shall be prepared in accordance with the Environment Agency's current Land Contamination Risk Management Guidance and the Council's guidance or any subsequent updates].ÿÿ
Reason - To ensure any risks from land contamination are both minimised and managed and to comply with the NPPF and Policy CE7 of the Local Plan. 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 may result in unacceptable harm contrary to the policies of the Local Plan.

13)

Contamination - Quantitative risk assessment and remediation strategy No development shall commence (except for demolition above ground level) until the approved Proposed Intrusive Site Investigation Design (PSID) has been fully implemented and a report including full details of the intrusive site investigation, Risk Assessment (RA), an Options Appraisal (OA) and a Remediation Strategy (RS) has been submitted to, and approved in writing by, the local planning authority [The intrusive site investigation, RA, OA, RS and any associated reporting shall be undertaken in line with the Environment Agency's current Land Contamination Risk Management Guidance and the Council's guidance or any subsequent updates].ÿ
Reason - To ensure any risks from land contamination are both minimised and managed and to comply with the NPPF and Policy CE7 of the Local Plan. 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 may result in unacceptable harm contrary to the policies of the Local Plan.

14)

Contamination - Verification report No occupation or use of the development shall occur until the approved Remediation Strategies are implemented and a Verification Report (VR) has been submitted to, and approved in writing by, the local planning authority [The VR shall include full details of requirements for ongoing monitoring and maintenance and be prepared in line with the Environment Agency's current Land Contamination Risk Management Guidance and the Council's guidance or any subsequent updates.ÿ Ongoing monitoring and maintenance shall be implemented in line with the approved Verification Report].
Reason - To ensure any risks from land contamination are both minimised and managed and to comply with the NPPF and Policy CE7 of the Local Plan. It is necessary for the condition to be on the basis that 'No occupation or use of the of the development shall occur' as compliance with the requirements of the condition at a later time may result in unacceptable harm contrary to the policies of the Local Plan.

15)

Contamination - Unexpected contamination or ground conditions A. If during development work unexpected contamination or ground conditions [including the type, extent or magnitude of contamination or ground conditions] that are not addressed through the existing remediation strategy are encountered or suspected, on each occasion development work shall cease in the affected area, other than for actions to make the area safe and prevent further contamination or pollution occurring.ÿ Unexpected contamination shall be reported to the Council within 2 working days or as soon as possible if there are significant risks to people or the environment.ÿ B. Where development work has ceased due to unexpected contamination or ground conditions, development work shall not recommence until Further Intrusive Site Investigation (FSI) is undertaken and a Remediation Statement (RS), addressing the unexpected contamination or ground conditions, is submitted to and approved in writing by the Local Planning Authority.ÿ The FSI and RS shall include full details of requirements for ongoing monitoring and maintenance and be prepared in line with the Environment Agency's current Land Contamination Risk Management Guidance and Council's guidance or any subsequent updates.ÿ
Reason - To ensure any risks from land contamination are both minimised and managed and comply with the NPPF and policy CE7 of the Local Plan.

16)

Pumped device Prior to occupation of any part of the basement, a suitable pumped device shall be provided within the basement and be so maintained thereafter.
Reason - To reduce flood risk and to contribute to sustainability in accordance with policy CE2 of the Local Plan 2019.

Informatives:

Unique text
Radon monitoring The UK Health Security Agency and HSE policy and guidance recommends and, in some cases, requires, that the owner and/or occupier of buildings undertake radon monitoring in all occupied and used basement areas. Radon monitoring should therefore be undertaken in line with these requirements. If monitoring identifies radon levels above the target level of 100Bq/m3 within a dwelling or above the relevant action level for occupational exposure, actions are recommended and for workplaces, may be required by the HSE. If radon is identified above 100Bq/m3 during future monitoring, please inform the Council at [email protected].

1)

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

2)

Care in the Conservation Area
This property is within a Conservation Area. All building works should, therefore, be completed with great care. External facing work and detailed treatment should be finished in a manner sympathetic to the existing building. If there is any doubt about the way in which work should be carried out, you should seek the advice of the Directorate of Planning and Place.

3)

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

4)

GTD/No pre-app/Est.Guid/No amend reqd
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, and which has been followed in this instance.

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:
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Appeal decision date:

Contact details

Planning case officer: John Asiamah
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/23/07002