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Planning appeal decision

Dismissed5 March 20253322693

17 South End, London, W8 5BU

Planning appeal 3322693 at 17 South End, London, W8 5BU (Royal Borough of Kensington and Chelsea) was dismissed on 5 March 2025 by Inspector Shields T, by written representations. The main issue, as the Inspector framed it: Whether the proposed demolition of the existing building and its replacement with a new residential dwelling including construction of basement, pursuant to planning permission PP/19/01773, would be lawful, turning on whether the excavation carried out on 9 May 2022 began the development.

proposed demolition of existing building to be replaced with new residential dwelling including construction of basement pursuant to planning permission PP/19/01773

Authority
Royal Borough of Kensington and Chelsea
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Shields T
Postcode
W8 5BU

Main issues, as the Inspector framed them

  • Whether the proposed demolition of the existing building and its replacement with a new residential dwelling including construction of basement, pursuant to planning permission PP/19/01773, would be lawful, turning on whether the excavation carried out on 9 May 2022 began the development

What decided it

The appellant failed to provide sufficiently precise and unambiguous evidence on the balance of probabilities that the excavation would be comprised in the development as a material operation within the meaning of section 56(2) and 56(4)(b) of the Town and Country Planning Act 1990.

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 2025

  1. Planning permission granted23 July 20263328929
    Flat 5, 69 Oxford Gardens, London, W10 5UJ
  2. Allowed23 June 20263362698
    Flat 1 at 28 Brunswick Gardens and Flat 2 at 30 Brunswick Gardens, London, W8 4AL
  3. Dismissed15 June 20266001948
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  4. Dismissed2 June 20263376699
    Kings Road, Outside No. 395, London, SW10 0LR
  5. Dismissed19 May 20266003102
    Kensington High Street, Outside No. 254, London, W8 6ND

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.

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