®Planning appeal decision
Basement/Ground Floor Flat, 40 Upper Addison Gardens, London, W14 8AJ
Planning appeal 3343118 at Basement/Ground Floor Flat, 40 Upper Addison Gardens, London, W14 8AJ (Royal Borough of Kensington and Chelsea) was dismissed on 8 October 2024 by Inspector Han U, by written representations. The main issue, as the Inspector framed it: 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.
excavation of rear garden and additional outbuilding
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Other minor developments
- Inspector
- Han U
- Postcode
- W14 8AJ
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.
What the Inspector cited
- Development plan policies
- Policy CL7Policy CL1Policy CL2Policy CL3Policy CL6Policy CL9Policy CL11
- National Planning Policy Framework
- Paragraph 115Paragraph 205Paragraph 208
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 appliedThe decision letter
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With an account
What an account adds to this decision
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The authority’s record since 2016 · every decision in 2024
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- Dismissed22 December 2025336960139 Harrington Gardens, London, SW7 4JU
- Dismissed21 November 20253371695Flat 7, 50 Hans Place, London, SW1X 0LA
- Dismissed30 October 2025337028738 Smith Terrace, London, SW3 4DH
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.