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Split Decision31 October 20223291761

1 Cornwall Mews South, London, SW7 4SB

Planning appeal 3291761 at 1 Cornwall Mews South, London, SW7 4SB (Royal Borough of Kensington and Chelsea) was allowed in part (a split decision) on 31 October 2022 by Inspector Jones R, by written representations. The main issue, as the Inspector framed it: Whether the alleged development complies with Royal Borough of Kensington and Chelsea Local Plan Policy CL7 and Basement Supplementary Planning Document.

Excavation of a two-storey basement (5.85m deep); planning permission granted for a 4m deep single-storey basement; enforcement notice upheld as corrected for the excavation of a two-storey basement

Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Householder developments
Inspector
Jones R
Postcode
SW7 4RZ

Main issues, as the Inspector framed them

  • Whether the alleged development complies with Royal Borough of Kensington and Chelsea Local Plan Policy CL7 and Basement Supplementary Planning Document
  • The effects of the alleged development on the living conditions of neighbouring residents
  • The effects of the alleged development on surface water and sewer flooding
  • The effects of the alleged development on highway and pedestrian safety
  • The effects of the alleged development on the structural stability of nearby buildings, including the mews arch which is a Grade II listed building

What decided it

The balance between the harm already caused by the completed two-storey basement works and the greater harm that would result from infilling half the basement void, combined with the availability of a 4m single-storey basement as an acceptable alternative that would accord with the development plan.

What the Inspector cited

Development plan policies
Policy CL7Policy CL5Policy CE6Policy CE2Policy CL4Basement Supplementary Planning Document (April 2016)

How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.

See how each was applied

The decision letter

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More decisions in Royal Borough of Kensington and Chelsea

The authority’s record since 2016 · every decision in 2022

  1. Planning permission granted23 July 20263328929
    Flat 5, 69 Oxford Gardens, London, W10 5UJ
  2. Allowed19 May 20266002487
    80 Oxford Gardens, London, W10 5UW
  3. Quashed On Legal Grounds5 May 20263340011
    The Mews, 1A Victoria Gardens, London, W11 3PE
  4. Dismissed24 February 20266000895
    6 St. Marys Gate, London, W8 5UA
  5. Notice upheld11 February 20263352699
    12-14 Pottery Lane, London, W11 4LZ

The main issues, what decided it, the planning balance and the policies and judgments listed as cited are read from the published letter by Town Planner Pro and are our summary, not the Inspector’s words; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.