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Property details

Case reference: PP/24/00854
Address: Upper Maisonette, 76 Lancaster Road, LONDON, W11 1QS
Ward: Colville
Polling district: 05
Listed Building Grade: N/A
Conservation area: N/A

Applicant details

Applicant's name: Cannell
Applicant company name: 4D PLANNING
Contact address: 3rd Floor 86-90 Paul Street London EC2A 4NE

Proposal details

Application type: PP (Planning permission)
Proposed development Replacement of rear window with access door, for use of flat roof as a roof terrace, and erection of screening. (Retrospective application.)
Date received: 07 Feb 2024
Registration date:
(Statutory start date)
07 Feb 2024
Public consultation ends: 08 Mar 2024
Application status: Decided
Target date for decision: 03 Apr 2024

Decision details

This case has not yet been decided.

Decision: Grant Planning Permission/Consent
Decision date: 27 Mar 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)

Roof Terrace - Black painted railings The railings to the roof terrace shall be painted black, and 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, and CL6 of the of the Local Plan 2019.

4)

Removal of existing fencing/ revised means of enclosure The existing means of enclosure around the roof terrace (constructed using composite wood) shall be removed in its entirety within three (3) months of the date of this decision. The development shall then be constructed in accordance with the approved plans with the black painted metal railings to be installed within two (2) months of the removal of the composite wood enclosure.
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, and CL6 of the 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)

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.

4)

Category 3 development
This development has been categorised as Category 3 for the purposes of the Council's Code of Construction Practice, so does not require a condition securing a Checklist or Site Construction Management Plan (SCMP). You are reminded that the Code still applies to building works at the site with regard to working hours and other site practices, and you are advised to review the Code to be aware of its objectives https://www.rbkc.gov.uk/environment/code-construction-practice

5)

Unique text
The Applicant has been advised during the course of the application that there are concerns with the existing means of enclosure around the roof terrace. The composite wooden fencing is uncharacteristic and bulky, seen from multiple private views. That said, given the principle of a roof terrace has been deemed acceptable, revised plans have been requested during the course of the application. Condition 4 subsequently secures the removal of the unauthorised means of enclosure within 3 months. If after 3 months the existing fencing has not been removed, the Council reserve the right to take further enforcement action without prior warning to the Applicant.

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: Sarah Winter-Irving
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/24/00854