Basement/Ground Floor Flat, 40 Upper Addison Gardens, LONDON, W14 8AJ

excavation of rear garden and additional outbuilding

Authority: Royal Borough of Kensington and Chelsea
Appeal type: minor · Planning Appeal
Procedure: Written Representations
Development: residential · Other minor developments
Inspector: Han U

Main issues, as the Inspector framed them

Whether the proposal constitutes basement development and, if so, whether sufficient information has been provided to assess the effects of construction activity on pedestrian, cycle, vehicular and road safety, structural stability, the living conditions of the occupiers of neighbouring properties with regard to noise and vibration, and demonstrate that one metre of soil would be provided above any part of the basement beneath a garden
The effect of the proposed development on the character and appearance of the appeal building, terrace, communal garden, including whether it would preserve or enhance the character or appearance of the Holland Park Conservation Area

What decided it

The proposal fails to comply with Policy CL7 by not submitting required construction information and failing to demonstrate one metre of soil above the basement, and would harm the character and appearance of the Holland Park Conservation Area without sufficient public benefits to justify the harm.

Framework references: 115, 205, 208

Plan policies cited: Policy CL7, Policy CL1, Policy CL2, Policy CL3, Policy CL6, Policy CL9, Policy CL11

Read the decision letter on the Inspectorate’s site

The main issues and the deciding factor are read from the published letter by Town Planner Pro; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.

What an account adds

Draw a red line around your site and the appraisal follows.

Heritage. Listed buildings by grade and distance, conservation areas, scheduled monuments, registered parks and gardens, heritage at risk.
Landscape and environment. Green belt, national parks and national landscapes, SSSIs, ancient woodland, SPA, SAC and Ramsar sites, nutrient catchments.
Flooding. Flood zones 2 and 3, surface water, and both again with climate change.
Transport. The 800 metre station catchment and service frequency, bus stops with their weekday frequency, the cycle network, and the Framework’s transport tests measured for the site.

Then the development plan position, the housing land supply as an Inspector last accepted it, and every appeal decided around the site with its letter.

Every English appeal since 2016, with the letter behind it wherever the Inspectorate published one. Searched by meaning as well as by words, with the key case law counted live across the letters.

Casework that chases the deadlines. Applications, appeals and conditions with their statutory dates.

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