Planning and Borough Development
Kensington Town Hall, Hornton Street, LONDON, W8 7NX
Executive Director Planning and Borough Development
Mr Jonathan Bore
The Planning Inspectorate
3/10a Wing
Temple Quay House
2 The Square
Bristol
BS1 6PN
25th November 2014
My reference: PP/13/05654
Your reference: APP/K5600/A/14/2227029
Please ask for: Mr John Shearman
Dear Sir or Madam,
Town and Country Planning Act 1990
Appeal by Mr.Rupert Keeley
Top Flat, 58 Abingdon Villas, London SW7 4NN
The Case Officer’s report sent with the appeal questionnaire provides details of the
planning history, consultation responses, relevant policies, site and surroundings, and
an analysis of the proposal, and it is not the Local Planning Authority’s (LPA) intention to
repeat those details here. Photographs of the appeal property and surrounding
properties are included at Appendix 1 attached to this letter.
A partial review of the Core Strategy (in relation to Conservation and Design and
Miscellaneous matters) has been undertaken. These policies have been examined in
public by the Planning Inspectorate. In a report dated 18 November 2014 a Planning
Inspector found that the revised policies were sound. These emerging policies are at an
advanced stage of adoption and carry substantial weight. The relevant emerging policies
are CL1, CL2, CL3, CL5, CL6, CL8, CL9, and CL11. A copy of the document containing
these policies and their reasoned justification is included at Appendix 2 attached to this
letter.
The LPA would like to comment on the reference in the appellant’s statement to the
three properties opposite the appeal property. It is noted that in relation to the other
points made in the appellant’s statement the fact that the LPA makes no specific
comment does not mean that the point is accepted.
With regard to the three properties opposite, whilst they do feature roof terraces and roof
access structures at main roof level, these terraces and structures have been in situ for
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many years, and in the cases of Nos.59 and 61 no planning permission ever appears to
have been granted. In the case of No.57 planning permission was granted in 2006 but
the permission was subject to an Informative advising that the development was allowed
solely due to the particular circumstances of the case, and therefore, could not be held
to set a precedent for additional works at this property, or similar works at neighbouring
properties. This reflected the fact that the works had been in situ for a number of years
and following an investigation by the Council’s enforcement officer the permission was
designed to improve the nature of the structures.
In any event the properties opposite are in a different terrace to the appeal property. As
stated in the delegated report the terrace of properties in which the appeal property is
situated features only one roof terrace (at No.48) which is an isolated case with no
permission having been granted for it.
Conclusion
No further amplification of the Council’s case is considered necessary and the Council
respectfully requests that the Inspector dismisses the appeal. Should the Inspector be
minded to allow the appeal, the LPA has attached some suggested conditions in
Appendix 3 attached to this letter..
Yours faithfully
Elen Richards
Central Team Leader
For the Executive Director Planning and Borough Development
APPENDIX 1
Photographs
APPENDIX 2
Partial Review of the Core Strategy – Conservation and Design Policy. dated 18th
November 2014.
APPENDIX 3
CONDITIONS THE COUNCIL WOULD WISH TO SEE IMPOSED ON THE PLANNING
PERMISSION IF THE APPEAL WERE ALLOWED
1
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
The development shall not be carried out except in complete
accordance with the details shown on submitted plans: Site location
plan. block plan, SO-461-01, -02, -03, -04, -05
Reason - The details are material to the acceptability of the proposals, and
to ensure accordance with the development plan.
3
Materials - To match existing
All work and work of making good shall be finished to match the
existing exterior of the building in respect of materials, colour, texture,
profile and, in the case of brickwork, facebond and pointing, and shall
be so maintained.
Reason - To preserve the appearance of the building, the surrounding area,
and the character and appearance of the adjacent conservation area, in
accordance with policies of the development plan in particular policies CL1,
CL2, CL3, and CL6 of the Core Strategy.
4
Window in painted timber
The window hereby permitted shall be framed in painted timber, and be
so maintained.
Reason - To preserve the appearance of the building, the surrounding area,
and the character and appearance of the adjacent conservation area, in
accordance with policies of the development plan in particular policies CL1,
CL2, CL3, and CL6 of the Core Strategy.
5
Fixed hand rails
The fixed hand rails shown on the drawings hereby approved shall be
installed prior to the use of the roof terrace hereby permitted and shall
be so maintained.
Reason - To preserve the appearance of the building, the surrounding area,
and the character and appearance of the adjacent conservation area, in
accordance with policies of the development plan in particular policies CL1,
CL2, CL3, and CL6, and to safeguard the privacy of neighbouring property,
in accordance with policy of the development plan in particular policy CL5 of
the Core Strategy. .