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Property details

Case reference: PP/22/04290
Address: 9 Lansdowne Crescent, LONDON, W11 2NH
Ward: Norland
Polling district: 11
Listed Building Grade: N/A
Conservation area: Ladbroke

Applicant details

Applicant's name: Congreve Horner
Applicant company name: Congreve Horner
Contact address: 10 Princeton Court 55 Felsham Road Putney LONDON SW15 1AZ

Proposal details

Application type: PP (Planning permission)
Proposed development Construction of a basement extension below front garden which is no larger than 50% of the front garden area; excavation and reinstatement of front garden and demolition and rebuilding of front steps to allow basement to be formed
Date received: 12 Jul 2022
Registration date:
(Statutory start date)
12 Jul 2022
Public consultation ends: 12 Aug 2022
Application status: Decided
Target date for decision: 06 Sep 2022

Decision details

This case has not yet been decided.

Decision: Grant Planning Permission/Consent
Decision date: 05 Sep 2022
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)

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.ÿ It is necessary for the condition to be on the basis

4)

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 2015. 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.

5)

Code of Construction Practice No development shall commence until: A Code of Construction Checklist and Site Construction Management Plan (SCMP) for the development have been 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 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]ÿ
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 2015. 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)

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 2015. 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)

Protection of trees during construction - Details required No development shall commence until full particulars of the method(s) by which all existing trees on the site and adjacent land (including the Magnolia tree at number 8) are to be protected during site preparation, demolition, construction, landscaping, and other operations on the site including erection of hoardings, site cabins, or other temporary structures, shall be submitted to and approved in writing by the local planning authority and the development shall be carried out only in accordance with the details so approved.
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. 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.

8)

Planting and replanting All tree and shrub planting forming part of the plans and details approved through this planning permission shall be carried out in the first planting and seeding season following the first occupation of the development or the completion of the development whichever is the sooner. Any trees or shrubs which, within a period of five years from the first planting and seeding season referred to above, die, are removed, or become seriously damaged or diseased, shall be replaced in the next planting season with others of similar size and species.
Reason - To protect the appearance and amenity of the area and to accord with policies of the development plan, in particular policy CR6 of the Local Plan.

9)

Submission of details (Full PP) No development shall commence until full particulars of the following have been submitted to and approved in writing by the local planning authority and the development shall not be completed otherwise than in accordance with the details so approved: (a) Detailed plan, section and elevations of proposed front entrance steps, including materials and external finishes
Reason - To accord with the development plan by ensuring that the character and appearance of the area are preserved and living conditions of those living near the development suitably protected. 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.

10)

Small-scale ground gas and vapour condition A. No development shall commence (other than demolition above ground level) until an appropriate ground gas and vapour investigation (GVI) [incorporating the results of environmental and historical searches] is undertaken and a ground gas and vapour assessment report (GVAR) [where necessary incorporating a Remediation Strategy (RS)], is submitted to, and approved in writing by, the local planning authority. B. No occupation or use of the development shall commence until the approved RS is implemented and a Verification Report (VR) is submitted to, and approved in writing by, the local planning authority. C. Any unexpected contamination shall be addressed in line with the Council's CLC3 guidance. Where physical remedial measures are implemented to protect end-users of the development they shall be maintained. The GVI, GVAR, RS and VR shall be addressed in line with the Council's contaminated land guidance for small-scale ground gas and vapour protection.
Reason - To ensure any risks from ground gas and vapours and other contamination are minimised, to comply with the NPPF and development plan policies and in particular contaminated land policies of the Local Plan.

11)

Analysis of soils and fills condition No occupation or use of the development shall take place until a description and the results of chemical analysis for soils and/or fills used at the development site, demonstrating their suitableness for use, is submitted to, and approved in writing by, the local planning authority. Work shall be undertaken in line with the 'Soil contamination testing for imported or reused soils and fills' guidance.
Reason - To ensure any risks from soils and fills reused and imported on to the site are minimised and to comply with the NPPF and development plan policies and in particular contaminated land policies of the Local Plan.

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)

Conditions - Precedent to Commencement
Conditions 3, 4, 5, 6, 7 and 9 impose requirements which must be met prior to commencement of the development. Failure to observe these requirements could result in the Council taking enforcement action, or may invalidate the planning permission and render the whole of the development unlawful.

3)

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 Borough Development, 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

4)

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 2000 (as amended), and the grant of planning permission does not imply that such approval will be given. The Director of Building Control, Town Hall, Hornton Street, W8 7NX should be consulted before works commence.

5)

Liability for Subsidence or Damage
The responsibility and any liability for the safe development of the site rests with the developer and/or landowner. Although the Council has used its best endeavours to determine this application on the basis of the information available to it, this does not mean that the land or adjoining land will necessarily remain free from instability. The Council's consideration has been only on the basis of the development proposed, and these considerations may be different in relation to any other development. The question of stability of adjacent land has been a material planning consideration, and the resolution of this issue for the purposes of granting planning permission does not necessarily imply that the requirements of any other controlling authority would be satisfied and, in particular, the granting of planning permission does not give any warranty for support or stability or against damage of adjoining or nearby properties.

6)

Construction Regulations 2007
You are reminded of the need to observe the Construction (Design and Management) Regulations 2007 which govern health and safety through all stages of many construction projects. Further information is available from the Health and Safety Executive at Health and Safety Executive - 2007 Construction Regulations

7)

CTMPs - Reminder to be Sensitive
You should engage with neighbours and local residents associations in advance of submitting your final Construction Traffic Management Plan (CTMP).ÿÿ It also advisable to engage in further pre-application discussions with the Local Planning Authority prior to submission of the CTMP, which requires some minor corrections and clarifications before it can be formally approved for implementation on site, including those identified below.ÿ You are reminded of the purpose of the CTMP, which is to mitigate impact upon the living conditions enjoyed by residents of neighbouring properties as well as to ensure the safe and unobstructed function of the highways in the vicinity.ÿ You are also reminded of the membership of the Considerate Constructors Scheme, required by condition and which has similar objectives.ÿ Care and sensitivity is required when carrying out development in residential areas.ÿ The following should be updated with the submission of a final CTMP to discharge Condition 3: The full routing plan for vehicles entering and leaving the site should be shown on drawing no: CKWS/326/CTMP The full dimensions of all site vehicles must be provided in response to Q19 The drawing appears to show gates opening out onto the footway outside the site. Despite Abbotsbury Close not being a public highway, it is still a highway and site gates should not generally be allowed to open out across the footway Drawings should be appended directly to the CTMP in order to form a standalone document The document should also recognise in Q23 that there is a London cycle hire scheme bay opposite 35 - 37 Abbotsbury Road

8)

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

9)

Unique text
You are advised that the installation of any externally mounted air-handling plant or extract vents or flues would require a further application for planning permission. Such an application should be accompanied by an acoustic impact assessment which demonstrates how the proposed plant would comply with the Council's noise criteria, as set out in the Noise Supplementary Planning Document.

10)

Thames Water - Sewers
Under The Water Industry (Scheme for the Adoption of private sewers) Regulations 2011 sections of pipes you share with your neighbours, or are situated outside of your property boundary which connect to a public sewer are likely to have transferred to Thames Water's ownership. Should your proposed building work fall within 3 metres of these pipes we recommend you contact Thames Water to discuss their status in more detail and to determine if a building over/near to agreement is required. You can contact Thames Water on 0845 850 2777 or for more information please visit their website at Thames Water website .

11)

Thames Water
A Groundwater Risk Management Permit from Thames Water will be required for discharging groundwater into a public sewer. Any discharge made without a permit is deemed illegal and may result in prosecution under the provisions of the Water Industry Act 1991. Thames Water would expect the developer to demonstrate what measures he will undertake to minimise groundwater discharges into the public sewer. Permit enquiries should be directed to Thames Water's Risk Management Team by telephoning 02035779483 or by emailing [email protected]. Application forms should be completed on line via www.thameswater.co.uk/wastewaterquality.

12)

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:
Appeal decision:
Appeal decision date:

Contact details

Planning case officer: Julia Drzewicka
Planning team: North
Email: [email protected]
Telephone: 020 7361 3012

Comment on this application

The consultation period for this application has ended.

Documents related to case PP/22/04290