17 South End, London, W8 5BU

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

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.

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