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Property details

Case reference: PP/23/01046
Address: 32 Bury Walk London, LONDON, SW3 6QB
Ward: Stanley
Polling district: 18
Listed Building Grade: 2
Conservation area: Chelsea

Applicant details

Applicant's name: Boito Sarno Architects
Applicant company name: Boito Sarno Architects
Contact address: 59 Northesk House Tent St London E1 5DS

Proposal details

Application type: PP (Planning permission)
Proposed development Construction of a two-storey one-bed house, with a half basement on this vacant site; replacement of existing tree.
Date received: 14 Feb 2023
Registration date:
(Statutory start date)
14 Feb 2023
Public consultation ends: 17 Mar 2023
Application status: Decided
Target date for decision: 11 Apr 2023

Decision details

This case has not yet been decided.

Decision: Granted subject to a legal agreement
Decision date: 27 Jun 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)

Submission of details (Full PP) No development shall commence until full particulars of the following 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) Sample of grey metal cladding; (b) Sample of natural render; (c) Brick sample panel, providing the brick type, colour, bond and pointing The samples should be prepared and made available on site throughout the entirety of the development.
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. 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)

Trees and landscaping - Details required No development shall commence until a scheme of landscaping, to include all existing trees and shrubs and proposed trees shrubs and paths and their surfacing materials, 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 details should include one fastigiate or upright tree species of size 14-16cm at time of planting.
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 ÿIt 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.

5)

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

6)

Sustainable Urban Drainage System (SuDS) (for major and minor applications - implementation) During construction of the development hereby permitted the submitted Sustainable Urban Drainage System (SuDS) 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 2019.

7)

Contamination - preliminary risk assessment report and proposed site investigation (CLC1 a) No development shall commence until a Preliminary Risk Assessment (PRA) and a Proposed Intrusive Site Investigation Design (PSID) for the site and surrounding area are submitted to, and approved in writing by, the local planning authority [The PRA and PSID shall be prepared in accordance with the Environment Agency's current Land Contamination Risk Management Guidance and the Council's guidance or any subsequent updates]
Reason - To ensure any risks from land contamination are both minimised and managed and to comply with the NPPF and development plan policies and contaminated land policies of the Local Plan. The condition specifies 'No development shall commence until' to ensure that wherever possible site reconnaissance may take place and that risks identified during the preliminary risk assessment (for example from soil contamination, soil vapour, ground gas and water pollution) are appropriately addressed during the course of the development.

8)

Contamination - Quantitative risk assessment and remediation strategy (CLC1 b) No development shall commence (except for demolition above ground level) until the approved Proposed Intrusive Site Investigation Design (PSID) has been fully implemented and a report including full details of the intrusive site investigation, Risk Assessment (RA), an Options Appraisal (OA) and a Remediation Strategy (RS) has been submitted to, and approved in writing by, the local planning authority [The intrusive site investigation, RA, OA, RS and any associated reporting shall be undertaken in line with the Environment Agency's current Land Contamination Risk Management Guidance and the Council's guidance or any subsequent updates]
Reason - To ensure any risks from land contamination are both minimised and managed and to comply with the NPPF and development plan policies and in particular contaminated land policies of the Local Plan. It is necessary for the condition to be on the basis that 'No development shall commence (except for demolition above ground level) until' as ground works and building design need to be considered within the Options Appraisal and Remediation Strategy to ensure safe development, appropriate building design and in order to ensure an appropriate level of verification information is collected during the course of the development.

9)

Contamination - Verification report (CLC1 c) No occupation or use of the development shall occur until the approved Remediation Strategies are implemented and a Verification Report (VR) has been submitted to, and approved in writing by, the local planning authority [The VR shall include full details of requirements for ongoing monitoring and maintenance and be prepared in line with the Environment Agency's current Land Contamination Risk Management Guidance and the Council's guidance or any subsequent updates. Ongoing monitoring and maintenance shall be implemented in line with the approved Verification Report]
Reason - To ensure any risks from land contamination are both minimised and managed and to comply with the NPPF and development plan policies and in particular contaminated land policies of the Local Plan.

10)

Contamination -Unexpected contamination (CLC1 d) A. If during development work unexpected contamination is encountered or suspected, on each occasion development work shall cease in the affected area, other than for actions to make the area safe and prevent further contamination or pollution occurring. Unexpected contamination shall be reported to the Council within 2 working days or as soon as possible if there are significant risks to people or the environment. B. Further Intrusive Site Investigation (FSI) shall be undertaken and a Remediation Statement (RS), addressing the unexpected contamination, shall be submitted to and approved in writing by the local planning authority. The FSI and RS shall include full details of requirements for ongoing monitoring and maintenance and be prepared in line with the Environment Agency's current Land Contamination Risk Management Guidance and Council's guidance or any subsequent updates.
Reason - To ensure any risks from land contamination are both minimised and managed and comply with the NPPF and development plan policies and in particular contaminated land policies of the Local Plan.

11)

Small Scale Dust Management Plan (SSDMP) No development (including demolition) shall commence until a Dust Management Plan [setting out best practical means to minimise construction dust in line with the Mayor of London's guidance - The Control of Dust and Emissions from Construction and Demolition] is submitted to, and approved in writing by, the local planning authority.ÿ The SSDMPP shall be fully implemented during the course of demolition and development.ÿ
Reason - To comply with the requirements of the NPPF, Policies 7.14a-c of the London Plan and Policy CE5 of the Consolidated Local Plan.

12)

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
Condition Nos. 3, 4, 5, 7, 8, 9, 11, 12 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)

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.

5)

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.

6)

CTMPs - Reminder to be Sensitive
You should engage with neighbours and local residents associations in advance of submitting your Construction Traffic Management Plan (CTMP).ÿÿ It also advisable to engage in further pre-application discussions with the Local Planning Authority prior to submission of the CTMP.ÿ You are reminded of the purpose of the CTMP, which is to mitigate impact upon the living conditions enjoyed by residents of neighbouring properties as well as to ensure the safe and unobstructed function of the highways in the vicinity.ÿ You are also reminded of the membership of the Considerate Constructors Scheme, required by condition and which has similar objectives.ÿ Care and sensitivity is required when carrying out development in residential areas.ÿ

7)

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

8)

GTD/Pre-app/At submission Est.G/No amend
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. The scheme was submitted in accordance with advice provided through pre-application discussions.

Committee details

Decision by: This case is currently due to be decided by the Planning Applications Committee.
Date:23 May 2023
Time:18:30
Venue:Committee Room 1
Report item number:S045

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: Ben Brockey
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/23/01046