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Property details

Case reference: PP/23/05159
Address: 28-30 Cale Street, LONDON, SW3 3QU
Ward: Stanley
Polling district: 18
Listed Building Grade: N/A
Conservation area: Chelsea

Applicant details

Applicant's name: Birley Pastry Ltd
Applicant company name: Daniel Rinsler & Co
Contact address: 118 Seymour Place London W1H 1NP

Proposal details

Application type: PP (Planning permission)
Proposed development Change of use of land adjacent to the front of 28-30 Cale Street from pavement to ancillary seating area to accommodate 10 tables, 5 benches and 10 chairs with a total of 20 seats in connection with existing use (Retrospective application)
Date received: 02 Aug 2023
Registration date:
(Statutory start date)
11 Aug 2023
Public consultation ends: 08 Sep 2023
Application status: Decided
Target date for decision: 06 Oct 2023

Decision details

This case has not yet been decided.

Decision: Grant Planning Permission/Consent
Decision date: 06 Oct 2023
Conditions and reasons:

1)

Completion period The development shall be completed in accordance with the approved drawings within 1 month of the date of this permission.
Reason - The works are necessary to ensure that the development is satisfactory, and accords with the development plan by safeguarding the character of the area in accordance with the policies of the development plan, in particular policies CL1, CL2 and CL9 / or CL3, CL4 and CL6 of the Local Plan 2019.

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)

Tables and chairs - Limited period The use of the highway for the placing of tables and chairs is permitted for a limited period only, until 06/10/2024 (12 month period), on or before which date, the tables and chairs shall be removed, the land restored to its former condition and the use discontinued.
Reason - The tables and chairs are permitted for a limited period only in order to assess their impact on living conditions enjoyed by residents of nearby properties, and upon passage of pedestrians on the public footway, to accord with the development plan in particular policies CL5, CT1 and CR3 of the Local Plan 2019.

4)

Tables and chairs - Limit on hours The use of the highway for the placing of tables and chairs shall not commence before 08:00 hours and shall cease no later than 19:00 hours on any day. Outside these approved hours the tables and chairs shall be removed from the public highway and no customers shall be served on the public highway.
Reason - To prevent detriment to the living conditions within nearby residential property, and to ensure unobstructed passage of pedestrians on the public footway to accord with the development plan, in particular policies CL5, CT1 and CR3 of the Local Plan 2019.

5)

Tables and chairs - Limit on numbers No more than 4 tables, each with 2 chairs, shall be placed on the pavement at any time, and no table or chair shall extend more than 0.8 metres from the frontage of the premises at any time.
Reason - To ensure unobstructed passage of pedestrians on the public footway and accord with the development plan, in particular policy CT1 of the Local Plan 2019.

6)

Tables and chairs - Retaining sufficient pavement width A minimum pavement width of 2 metres shall be retained at all times between the tables and chairs and the kerb, and the tables and chairs shall occupy an area of pavement reaching no further than 0.7m from the building line.
Reason - To ensure unobstructed passage of pedestrians on the public footway to accord with the development plan, in particular policy CT1 of the Local Plan 2019.

7)

Tables and chairs - No additional obstructions No planters, pots, umbrellas, heaters, or any items other than tables and chairs, shall be placed in front of the premises at any time.
Reason - To avoid clutter on the pavement and ensure unobstructed passage of pedestrians on the public footway to accord with the development plan, in particular policy CT1 of the Local Plan 2019.

8)

Tables and chairs - Area to be kept clear of litter The area containing tables and chairs shall be inspected regularly, and swept and kept clear of litter during all hours of operation of the tables and chairs.
Reason - To ensure protection a reasonable standard of visual amenity for the premises and allow unobstructed passage of pedestrians on the public footway and accord with the development plan, in particular policy CT1 of the Local Plan 2019.

Informatives:

1)

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.

2)

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.

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)

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

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: Jonathan Kwok
Planning team: South
Email: [email protected]
Telephone: 020 7361 3012

Comment on this application

The consultation period for this application has ended.

Documents related to case PP/23/05159