2014
Support Document for
Certificate of Lawful
Development at 66 Princedale
Road
KCPlanning
5/8/2014
Support Document
Re-application for Certificate of Lawful Development for a Second
Floor Room at 66 Princedale Road, London W11 4NL.
Introduction
This document is designed to give precise and unequivocal evidence that permission was given twice
for the construction of a second floor room behind 66 Princedale Road and that the permission
TP/94/01475 was lawfully implemented.
Note that similar application CL/14/01123 was refused because of insufficient information. This
application whilst similar includes an additional 86 pages of support documentation and is intended
to provide precise and factual information / evidence to support the application.
There have been three planning permissions between 1991 and 1994 relating to the property and in
two of these three cases the proposed second floor room was a small part of a larger development
at 64 and 66 Princedale Road and including a new building behind at 41-43 Pottery Lane. The third
application relates to a permission to demolish existing rear extensions to allow the construction
work to take place.
At the time both No’s 64 and 66 were owned by the same corporation and these applications related
to both properties.
These permissions included two new second floor rooms, one behind No 64 and one behind No 66.
They also all included the construction of a new building at 41-43 Pottery Lane behind the buildings
in Princedale Road. These permissions were lawfully implemented and all parts of the development
with the exception of the second floor room behind 66 Princedale Road were constructed in
accordance with the approved plans.
The building in Pottery Lane and the second floor extension at 64 Princedale Road still exist in their
approved state and it can easily be seen that work commenced both from photos included in this
report or by a site visit.
Building Control records are available which show that the work was completed on 6th April 1995.
In accordance with current regulations we apply for a lawful development certificate for existing use
to support the building works to complete the second floor room at 66 Princedale Road.
We provide a detailed and precise analysis of the history of development on the site and later in this
document we will submit that we have provided clear, precise and unambiguous evidence that the
proposed development was approved by the council under application TP/94/01475. This
application was an amendment to previous approval TP/91/0872.
We will further submit that development was commenced in a meaningful way, including the
construction of the room at second floor behind No 64 as well as the new building in Pottery Lane.
We have shown by way of documentation from your own council archives that the house in Pottery
Lane was completed in 1995 within the five year time limit for development as stipulated in
permission TP/94/01475.
We have provided a print out taken from your council building control department website showing
that within the five year period for commencement of the building works that the new building at
41-43 Pottery Lane was completed. (Building Control Applications: CN/95/02035 and FP/95/00429
are listed on the website for the construction of the new building in Pottery Lane). The record states
“Building Works Completed” and is dated 06/04/1995.
We will submit that in accordance with the Town and Country Planning Act 1990 that our proposed
development is lawful and request that a Lawful Development Certificate be issued.
List of Relevant Applications
TP/91/0872
Application for a new building at 41-43 Pottery Lane following the demolition of
outbuildings/ rear extensions on Pottery Lane behind 64 and 66 Princedale Road. The application
includes two new rooms at second floor level behind the existing terraced buildings in Princedale
Road.
This application was approved.
TP/91/0968
An application for demolition in a conservation area relating to the construction of
buildings in TP/91/0872. The application was approved.
TP/94/1475
A similar application to the earlier approval TP/91/0872 including all of the same
elements. The main change was that the building at 41-43 Pottery Lane had been redesigned to
become a modern building. This is the building that has been built and can be seen today in Pottery
Lane. A photograph of this building is included here. (The blue building is 41-43 Pottery Lane).
The full 67 page planning record is attached.
Detailed and Precise Analysis of the History of Development on the
Site
The relevant applications listed above provide the framework that needs to be considered.
In each case the permissions covered all elements of the development.
Application TP/91/0872 approved the construction of the two rooms at second floor level behind
No’s 64 and 66 Princedale Road as a part of a larger development scheme including a new building in
Pottery Lane.
Application TP/91/0968 was for demolition in a conservation area to allow the above development
to take place.
Application TP/94/1475 also included all elements of the proposed development but with a new
design to the building in Pottery Lane. This final approval is dated 29th December 1994. The council’s
website has a 67 page microfiche record of this application and approval and this file is submitted
attached as a pdf document.
This is the development that has been substantially carried out and supported by the council’s own
building control records.
Analysis of the 67 page planning document and associated correspondence:
On page 2 of this document the two second floor proposed rooms are clearly seen on Sections AA,
BB and CC. On page 3 they are seen in plan.
On page 14 there is a letter from the council talking about ‘the two approved second floor rear
additions’......to Princedale Road.
(Extract from page 14)
On page 17 a letter from the council clearly states that application TP/94/1475 is an application for
an amendment to the previously approved scheme.
(Extract from page 17)
Page 37 is a copy of the permission certificate.
(Extract from page 37)
It is clear from the correspondence and from the request from the council that full drawings showing
the previously approved works at second floor level behind Princedale Road be included in this
application that works had not commenced at this time. It is also clear that TP/94/1475 is a
permission for the works in their entirety with all aspects of the proposed development included.
On page 44 and 45 there is a copy of the “Permission for Development” Certificate. The date of this
certificate is 6th December 1994. A condition stipulates that construction must have begun by 6th
December 1999 (5 years).
(Extract from page 45)
On pages 66 and 67 there are clear views of the proposed new second floor rooms showing that the
new room behind 66 Princedale Road is directly on top of the room at first floor level and extends as
far backwards as the room to the rear of No 64.
These drawings confirm that the extent of the proposed new room are the same as the room at the
back of No 64 at second floor level which is existing and unchanged to this day.
Confirmation that work on the development was started within the five year time limit.
The council’s own web site lists all building control applications for the properties.
A listing dated 1995 and numbered CN/95/02035 states that development work covered by the
building control application had been completed.
A copy of this web page is attached.
Demolition works commenced during or before 1994 and this is confirmed in the planning record by
Mr. M J French, Executive Director of Planning and included in the attachment. In a letter dated 17
July 1995 (page 58 of the planning record No. TP/94/01475 he states in a letter that as of that date
that the demolition work had been carried out).
This letter confirms that a lawful start to development was made.
Subsequently a single building control notice was submitted in 1995 and work commenced on
construction.
Discussion of the History of Development and Findings of this
Analysis.
A detailed analysis has shown that the second storey addition to the rear of No 66 Princedale Road
was approved three times from 1991 through 1994.
It is clear from correspondence that no work commenced prior to the later application in 1994.
Documents on the council’s own website and attached to this report show that demolition work was
commenced prior to Dec 6th 1994 in preparation for the new building work to commence.
Building control records show that a building control notice was submitted in 1995 and that works
are listed as completed whilst under the supervision of the council.
We submit that the above facts show clearly and unambiguously that the project was commenced
within the five year statutory period.
Moreover, the extension to the rear of No 64 is still in existence and unchanged from the drawings
of 1991 and 1994.
We have submitted photos below that show that the extension to the rear of No 64 has been built.
Second floor
extension behind
No 64 exactly as
plans and
permission
TP/91/0872 and
TP/94/01475
Flat Roof at
First Floor
Level behind
No 66
New building at
41-43 Pottery
Lane
Temporary Building at
66 built in 2012 during
works and since
removed
Consideration of Officer’s Report for Application CL/14/01123
The officer’s report states that no information to demonstrate that the extension to the rear of
number 64 was lawfully implemented in accordance with TP/91/0872 and within the prescribed 5
year time period.
We submit that the above analysis shows clearly that TP/94/01475 has been implemented. Both the
house in Pottery Lane (accepted in the council’s own correspondence as a variation of the
permission TP/91/0872) and the second floor extension behind No 64 have been completed.
Both of these parts of the same development were covered by building control application
CN/95/02035 and completed in 1995.
We further submit that the construction of the building in Pottery Lane alone is sufficient to
demonstrate a meaningful legal start to construction.
Please note that we have changed the wording of our application in accordance with Planning
Officer Ms Saima Iqbal’s advice so that our application for A Certificate of Lawful Development only
relates to application TP/94/01475 which has been shown to have been substantially completed and
is covered by an attached building control certificate.
Summary
We submit that we have shown precisely and unambiguously that the room at second floor level
behind No 66 Princedale Road was approved by the planning authority under the application
numbers cited in this document.
That permission TP/94/01475 (an amendment of TP/91/0872) was implemented during 1995 with
the exception of this second floor room.
The building work was covered by building control supervision during 1995 and a certificate issued.
That a letter from Mr M J French, Executive Director of Planning for Kensington and Chelsea
confirmed in a letter dated 1995 that demolition had already taken place in Pottery Lane to facilitate
the development and construction.
We submit that all requirements of the Town and Country Planning Act 1990 have been met by our
submissions and would ask that a Certificate of Lawful Development be approved and issued.
Attachments:
TP/94/1475 - Complete planning record including the revised drawings for the building in Pottery
Lane.
http://www.rbkc.gov.uk/planningimageviewer/DocumentStore/img_planning/img_microfiche/TRAY
45/TP-94-1475.pdf
Building Control Print-out for 41-43 Pottery Lane London W11
http://www.rbkc.gov.uk/bconline/buildingControlDetails.do?activeTab=summary&keyVal=_RBKC_B
CAPR_45412