!DOCTYPE html> The Royal Borough of Kensington and Chelsea | Planning Search

Planning Search

Back to search results

Property details

Case reference: PP/20/02949
Address: 165 Portland Road, LONDON, W11 4LR
Ward: Notting Dale
Polling district: 12
Listed Building Grade: N/A
Conservation area: Norland

Applicant details

Applicant's name: Zwart
Applicant company name: JCL Partnership Ltd
Contact address: 1 Enmore Gardens Sheen London SW148RF

Proposal details

Application type: PP (Planning permission)
Proposed development Enlargement of roof, formation of two rear dormer windows and two front velux windows; enlargement of rear closet wing, side infill extension at lower ground floor level, lowering of lower ground floor, enlargement of lower ground floor level front light well window; provision of gate and access steps into front lightwell; addition of section of retaining wall within rear lower ground floor light well: replacement of proposed staircase within front light well with fixed ladder. Rearrangement of planting areas in rear garden.
Date received: 04 Jun 2020
Registration date:
(Statutory start date)
12 Jun 2020
Public consultation ends: 10 Jul 2020
Application status: Decided
Target date for decision: 07 Aug 2020

Decision details

This case has not yet been decided.

Decision: Grant Planning Permission/Consent
Decision date: 24 Aug 2020
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)

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

4)

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 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.

5)

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.

6)

Roof Material - Natural slates The roof slopes, where applicable, of the building hereby permitted shall be clad in natural slates, 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 and CL3 of the Local Plan 2019.

7)

Dormer windows The cheeks of the dormer windows shall be clad in lead and 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 and CL3 of the Local Plan 2019.

8)

Sash windows and doors in painted timber With the exception of the rear sliding doors at lower ground floor level (grey metal), and the rear closet wing doors at raised ground floor level (white metal), all new external windows and doors at front and rear hereby permitted shall be timber framed and white 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, and CL2 of the Local Plan 2019.

9)

Use of roof as terrace precluded The roof of the enlarged rear closet wing hereby approved shall not be used at any time as a terrace, and shall be used to access and maintanance only.
Reason - To avoid overlooking and disturbance to neighbouring properties and so accord with policies of the development plan, in particular policy CL5 of the Local Plan 2019.

10)

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

11)

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 2019.

12)

Flood Risk Assessment/Sustainable Urban Drainage No development shall commence until a Flood Risk Assessment and SuDS strategy with the following information is submitted to and approved in writing by the Local Planning Authority: Flood Risk Assessment A Flood Risk Assessment to analyse all potential flood risks to the site and ensure that the development is protected against flood risk and will not lead to off-site flooding. Any proposed protection, mitigation and resilience measures should be shown on submitted plans. SuDS A detailed analysis of surface water run-off and attenuation volume (to demonstrate how the proposed measures will aim to comply with Policy CE2 (g), which is to achieve a reduction of 50% of existing rates including climate change in the calculations and factoring in all flows into the sewer system including groundwater or other flows). Information about the proposed SuDS types, their location, attenuation capacity, specification, structural integrity, construction, operation, access, and maintenance. (More sustainable green SuDS should be favoured over attenuation tanks). Section/profile drawings of the SuDS if relevant (green roofs, blue roofs, sub-base attenuation, permeable paving, planters, species, etc.). Drainage plans to show clearly how surface water run-off will be conveyed to the SuDS and any connections to the sewer system if necessary. During construction of the development hereby permitted the approved Sustainable Urban Drainage System (SuDS)and Flood Risk measures 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.

13)

Construction Method Statement (CMS) No development shall commence until a Construction Method Statement detailing how the proposed excavation is to be undertaken, spoil removed, adjacent property and land supported and stabilised, and the basement constructed, has been submitted to and approved in writing by the local planning authority. The Method Statement shall be prepared by a suitably qualified person, namely a Member of the Institute of Structural Engineers (M.I. Struct. E.) or a Member of the Institution of Civil Engineers (M.I.C.E.).
Reason - To ensure adequate safeguard to the structural integrity of neighbouring building in accordance with the Basements SPD and policy CL7 of the Local Plan 2019.ÿ 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.

14)

Sewer flooding Prior to first occupation of the basement hereby approved, the basement shall be fitted with a positively pumped device designed to remove sewer floodwater from the building, which shall be maintained and functional at all times.
Reason - To protect the building from sewer flooding, in accordance with policies CE2 and CL7 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)

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.

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 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.

5)

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

6)

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.

7)

S.61 of Control of Pollution Act 1974
Your attention is drawn to Section 61 of the Control of Pollution Act 1974, which allows developers and their building contractors to apply for `prior consent' for noise generating activities during building works. This proactive approach involves assessment of construction working methods to be used and prediction of likely construction noise levels at sensitive positions, with the aim of managing the generation of construction noise using the `best practicable means' available. You are advised to engage an acoustic consultant experienced in construction noise and vibration assessment and prediction to complete your s.61 application.ÿRelevant information can be found here S.61 Control of Pollution Act 1974

8)

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.

9)

Unique text
This permission is subject to the Construction Traffc Mangement Plan approved under CON/20/03375.

10)

Unique text
This planning permission is subject to the landscaping and trees details approved under CON/19/06411.

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: Catherine Nichol
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/20/02949