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Property details

Case reference: CON/24/01049
Address: 23 Phillimore Gardens, LONDON
Ward: Campden
Polling district: 03
Listed Building Grade: N/A
Conservation area: Kensington

Applicant details

Applicant's name: Harrabin Consultancy Ltd
Applicant company name: LPC (Trull) Ltd
Contact address: LPC (Trull) Ltd Trull Tetbury GL8 8SQ

Proposal details

Application type: CON (Conditions)
Proposed development Details required by conditions 6 (CTMP), 10A (Small-scale ground gas and vapour condition), 11 (Trees and landscaping), 12 (Protection of trees during construction) of planning permissionref. PP/23/00558 dated 14th June 2023 (Single-storey basement extension, rear and side elevation adjustments, lowering lower ground floor level and reconfiguring interior layouts).
Date received: 16 Feb 2024
Registration date:
(Statutory start date)
16 Feb 2024
Public consultation ends: 15 Mar 2024
Application status: Decided
Target date for decision: 12 Apr 2024

Decision details

This case has not yet been decided.

Decision: Discharge of Conditions - Split Decision
Decision date: 05 Apr 2024
Conditions and reasons:

Approve details/drawings pertaining conditions No. 6 (CTMP), 11 (Trees and Landscaping) and 12 (Protection of trees during construction) as follows; CTMP by Paul Mew Associates dated February 2024 Revision 2; 467-L-00-D-403 Rev. P02 (Proposed Site Sections); 467-L-00-P-103 Rev. P02 (Landscape Plan); 467-L-00-P-300 Rev. P02 (Planting Plan); 467-L-00-D-404 Rev. P01 (Paving Terrace Details); 467-L-00-P-102 Rev. P01 (Tree Removals Plan) and; Arboricultural Method Statement by Mr T Basran ref. MDJAC-22.52-AMS-01 Rev. A - 9th February 2024.

Condition 11 (Trees and landscaping).

Condition 12 (Protection of trees during construction).

condition 6 (CTMP).

Refuse details provided in connection with Condition No. 10A (Land Contamination); GEA Remediation Statement letter ref. J22199A/MP/0 dated 17th July 2023 and associated Discovery Strategy Groundwork Phase by Matthew Penfold dated 17th July 2023 and; sheet named "Duty of Care regarding Radon Gas".

The submitted details provided in connection with Condition No. 10A fail to demonstrate that the occupiers of the extensions permitted as part of the original planning permission would be safeguarded from the effects of land and gas contaminants. The submitted details are thereby contrary to Local Plan policy CE7 accordingly. It is not possible to discharge the condition in this instance.

Informatives:

1)

Unique text
The applicant is advised Condition No. 7 does not require discharging as this is a compliance only condition. The details contained within the submitted letter by MBP Consulting Engineers dated 28th June 2023 ref. 8711-SH are nonetheless acknowledged and they are acceptable for the purposes of meeting the requirements of the first part of this condition, which requires you to confirm the appointment of a suitable qualified engineer to oversee the implementation of the works.

2)

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Please see below feed back provided in relation to the currently submitted unacceptable Land Contamination information (pertaining condition No. 10A). This is as follows: We have reviewed the GEA Remediation Statement letter dated 17 July 2023 against RBKC s advice, provided under PP/23/00558 and comment as follows: Verification of site won or imported materials: The general screening criteria referred to within the second paragraph have not been attached. Could the criteria be attached to an updated letter to be submitted as part of any further submission. Buried Plastic Services: If the development will include the re-laying of any water supply pipes, we would prefer that, unless soil contamination is encountered, that the installation is undertaken in consultation with Thames Water and that full details of the services installed are provided. If soil contamination is encountered, we would need to be contacted as necessary under the 'unknown contamination provisions. Soil Gas & Vapours / Radon: GEA recommended, within their Desk Study and Ground Investigation Report, that 'Details of the proposed waterproofing and demonstration of how these measures meet the requirements for basic radon protection, as set out in BRE11, should be provided to the local authority'. Insufficient information has been provided. Ideally any information should be attached to the submission letter or reports. Unexpected contamination: The requirements set out are more rigorous than what is required within the CLC3 guidance. For example, we specify works in the affected area, rather than all work. According to the condition/CLC3 guidance the Council should be contacted within 2 days of unexpected contamination being uncovered. Obviously if contamination was more significant we would expect to be contacted within this timescale, rather than after GEA had been contacted and testing had been undertaken. I would suggest that you check the requirements of the CLC3 condition/guidance and update this section. ÿIn conclusion, it is not possible to discharge condition 10A at the present and the applicant is recommended that a satisfactorily updated remediation statement is submitted as part of a fresh submission addressing condition 10A. It should be noted that it will not be possible to discharge the other parts of the condition at that initial implementation point. Land contamination gardenÿinformative: As much of the borough is covered by made ground, which is often contaminated with substances such as lead and asbestos, it is recommend that the applicant considers undertaking soil sampling in parts of the garden not covered by the basement, to check whether contaminants are above recommended levels within soils. This particularly applies to areas of soft landscaping, but is also relevant to hard surfaced areas, which may be removed in the future. Guidance on undertaking soil sampling is available within the Council's CLC2 guidance for small-scale sampling. If you have any questions, please contact the Royal Borough's Contaminated Land Officer (Pollution Regulatory Team) (Tel: 020 7361 3002 email: [email protected]).

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: Ronaldo Colalillo
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 CON/24/01049