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Property details

Case reference: PP/23/00062
Address: First/second Floor Flat, 6 Penzance Place, LONDON, W11 4PA
Ward: Norland
Polling district: 11
Listed Building Grade:
Conservation area: Norland

Applicant details

Applicant's name: Nait-Amer
Applicant company name: IMBY3 Ltd
Contact address: 97 Clitherow Avenue London W7 2BL

Proposal details

Application type: PP (Planning permission)
Proposed development Proposed external recreation space on roof, accessed via a new internal stairwell with enclosure.
Date received: 23 Dec 2022
Registration date:
(Statutory start date)
23 Dec 2022
Public consultation ends: 03 Feb 2023
Application status: Decided
Target date for decision: 17 Feb 2023

Decision details

This case has not yet been decided.

Decision: Grant Planning Permission/Consent
Decision date: 10 Mar 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)

Landscaping - Details required Notwithstanding what is shown on the approved drawings, the roof terrace shall not be brought into use until a full scheme of landscaping with particular reference to the area of planting along the front elevation, has been submitted to and approved in writing by the local planning authority, and the development shall only be carried out and maintained in accordance with the details so approved. The landscaping plan shall include species that will provide opportunities for pollinator species. No trees, shrubs or other tall growing plants shall be incorporated within the terrace.
Reason - To protect the appearance and amenity of the area and to accord with policies of the development plan, in particular Policies CL1, CL2,Cl3, CL11 and CR6 of the Local Plan 2019 and Policies N1 and N2 of Norland Neighbourhood Planÿ

4)

Flood Risk Assessment/Sustainable Drainage Systems Strategy Notwithstanding the submitted SuDs information, development shall not commence until a Flood Risk Assessment (SuDs orientated) and further Sustainable Drainage Systems measures with the following information have been submitted to and approved in writing by the Local Planning Authority: Flood Risk Assessment (FRA) 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. Sustainable Drainage Systems (SuDS) A detailed analysis of surface water run-off and attenuation volume (to demonstrate how the proposed measures will aim to comply with Local Plan 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 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.ÿ It is necessary for the condition to be on the basis that 'No development shall commence until' as compliance with the requirements of

5)

Submission of details (Full PP) Notwithstanding the submitted details, no development shall commence on each particular element noted below until full particulars of the following details 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) Materials to be used on the external faces of the proposed stairwell enclosure (including window specification); (b) All proposed fences, balustrades, railings and non-landscape screening (materials, finish colours and general specification)
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.

6)

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.

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 no(s) 4 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 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

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)

Unique text
Informative - Testing of soil and fill 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.

7)

GTD/No pre-app/Amendmts to comply Est. G
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, although not used in this instance. On first submission the proposals did not comply with guidance, but improvements suggested by the planning authority were adopted by the applicant through agreement to a pre-commencement style condition.

Committee details

Decision by: This case is currently due to be decided by the Planning Applications Committee.
Date:07 Mar 2023
Time:18:30
Venue:Committee Room 1
Report item number:N024

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: Jack Wride
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/23/00062