LADBROKE ASSOCIATION

 

The conservation society for the Ladbroke Conservation Area of the

Royal Borough of Kensington and Chelsea

 

 

 

INDEX

Home page

 

About the Association

 

About the area

 

History

 

Basements

 

Planning and conservation

 

News, views and events

QUICK LINKS

Map of the area

 

Streets: history and architecture

 

Listed buildings and Article 4 directions

 

Communal gardens

 

Opposing a planning application

 

Party wall matters

 

Newsletters

 

Become a member

 

Contact us

 

 

 

 

 

BASEMENT DEVELOPMENT

 

 

LOCAL VALIDATION LIST

 

When a planning g application is submitted to the Council, the first step is for Council officers to “validate” it – i.e. check to ensure that it is in the right form and comes accompanied by all the required documentation. RBKC publishes a “Local Validation List”, together with an annex containing explanatory guidance, setting out in detail what a planning application has to contain to be validated.  Most of the requirements are standard for all applications. However, for subterranean developments there are a number of extra requirements. The following are the relevant extracts from the explanatory guidance.

 

Explanatory guidance note 9: Acoustic report

"In accordance with the requirements of the adopted Supplementary Planning Document on Noise (May 2009), applications for residential and commercial developments including places of entertainment and all applications where external plant and equipment is proposed should be submitted with a noise survey and report prepared by a competent acoustician who shall be a member of the Institute of Acoustics.

This report should contain results of noise surveys to determine the range of ambient and background noise levels. This report should also contain time periods and parameters measured in accordance with this SPD. It should also contain details of noise assessments, predictions and calculations. The report should give recommendations and specifications of works, where necessary, that are required in order for the development to comply with this SPD.

Any works necessary to control noise should be detailed on the planning application drawings. Where external noise attenuation equipment is proposed, such as acoustic enclosures or acoustic screens, the noise survey report should demonstrate the location, size and visual impact of such equipment on the host building. This is especially important with regard to historical buildings or buildings situated in conservation areas. Noise measurement surveys undertaken to establish ambient and background noise levels should be undertaken in accordance with the recommendations of BS 7445-1:2003.

Noise surveys and reports will generally be required for developments including:

1. Building services and other external plant

2. Residential and noise sensitive developments

3. Subterranean developments

4. New places of entertainment

5. Where there are increases in road traffic."

 

 

Explanatory note 17. Flood Risk Assessment

"A Flood Risk Assessment (FRA) identifies and assesses the risks of all forms of flooding to and from the development and demonstrates how these flood risks will be managed, taking climate change into account. An FRA will be required for development proposals of one hectare or greater in Flood Zone 1 and all proposals for new developments located in Flood Zones 2 and 3, should be accompanied by a FRA.

An FRA will also be required where the proposed development or change of use to a more vulnerable class may be subject to other sources of flooding, or where there are identified drainage problems. There is further guidance in PPS25 http://www.communities.gov.uk/documents/planningandbuilding/pdf/planningpolicystatement25.pdf [no longer extant]

For developments that are for new dwellings or for non–residential extensions including industrial, commercial and leisure extensions with a footprint that exceeds 250m2 that lie within Flood Zones 2 or 3, applicants will need to submit a statement demonstrating how they have applied the sequential approach at a site level to minimise risk by directing the most vulnerable development to areas of lowest flood risk, matching vulnerability of land use to flood risk. Any major or non-major development in Flood Zones 2 and 3 will require a sequential test and exception test if necessary as set out in table D2 of PPS25.

This should be completed at the earliest stage of the pre-application process. This assessment will not be required on sites allocated in development plans which have been through the application of the Sequential Test, as informed by a Strategic Flood Risk Assessment. Further advice on what should be included within a Flood Risk Assessment and to download a template for a sequential test, please consult the Environment Agency website:

http://www.environment-agency.gov.uk/research/planning/82587.aspx."

 

 

Explanatory guidance note 31. Subterranean Construction Method Statement

 

"In accordance with the adopted Subterranean Development Supplementary Planning Document (May 2009) the Council will require a Construction Method Statement (CMS) to be submitted with all planning applications and Listed Building Consent applications for subterranean development.

The CMS must provide specific details of the excavation, temporary works and construction techniques, including details of the potential impact of the subterranean development on the existing and neighbouring structures, based on the specific site characteristics, including the type of geology and hydrology found in the area. This must be prepared and signed off by a Chartered Civil Engineer (MICE) or Structural Engineer (MI Struct.E) and submitted with the planning application, before the application will be validated.

The CMS will need to include borehole /soil test results, site specific construction drawings and calculations in a detailed structural engineering report. In particular, the CMS will need to address the following: whether the geology is capable of supporting the loads and construction techniques to be imposed; the impact of the subterranean development, and associated construction and temporary works, on the structural integrity and natural ability for movement of existing and surrounding structures, utilities, infrastructure and man-made cavities, such as tunnels; whether the development will initiate slope instability which may threaten its neighbours; the impact of the subterranean development on drainage, sewage, surface water and ground water, flows and levels; how any geological, hydrological and structural concerns have been satisfactorily addressed; the engineering details of the scheme, including proposals for the excavation and construction; the impact of the proposed subterranean development on the structural stability of the existing and adjoining buildings, especially listed buildings; the impact of the proposed subterranean development on existing and proposed trees; the sequence for the temporary works, which mitigates the effects on neighbours; and the details and design of the preferred method of Temporary Works (see the British Standards for Temporary Works)."

 

                   ******************************************************************

 

 

CONDITIONS AND INFORMATIVES ATTACHED TO PLANNING PERMISSIONS

 

In addition, when the Council grants planning permission for a basement development, it normally imposes a number of conditions. The ones below are typical:

 

  • Professional management of engineering works

"No development shall commence until a Chartered Civil Engineer (MICE)

or Chartered Structural Engineer (MI Struct.E) has been appointed to

supervise the construction works throughout their duration and their

appointment confirmed in writing to the Local Planning Authority. In the

event that the appointed engineer ceases to perform that role for whatever

reason before the construction works are completed those works will cease

until a replacement chartered engineer of the afore-described qualification

has been appointed to supervise their completion and their appointment

confirmed in writing to the Local Planning Authority. At no time shall any

construction work take place unless an engineer is at that time currently

appointed and their appointment has been notified to this Authority in

accordance with this condition.

Reason - The details are considered to be material to the acceptability of the

proposal, and for safeguarding the amenity of neighbouring residential properties

and to comply with the Subterranean Development SPD and policy CL2(g) (ii) of

the Core Strategy."

 

  • Construction Traffic Management Plan (CTMP)

"No development shall commence until a Construction Traffic Management

Plan has been submitted to and approved in writing by the local planning

authority. The statement should include:

a) routeing of demolition, excavation and construction vehicles, including a

response to existing or known projected major building works at other sites

in the vicinity and local works in the highway;

b) access arrangements to the site;

c) the estimated number and type of vehicles per day/week;

d) details of any vehicle holding area;

e) details of the vehicle call up procedure;

f) estimates for the number and type of parking suspensions that will be

required;

g) details of any diversion or other disruption to the public highway during

preparation, demolition, excavation and construction work associated with

the development;

h) work programme and/or timescale for each phase of preparation,

demolition, excavation and construction work associated with the

development;

i) details of measures to protect pedestrians and other highway users from

construction activities on the highway;

j) a strategy for coordinating the connection of services on site with any

programme work to utilities upon adjacent land; and

k) where works cannot be contained wholly within the site a plan should be

submitted showing the site layout on the highway including extent of

hoarding, position of nearby trees in the highway or adjacent gardens,

pedestrian routes, parking bay suspensions and remaining road width for

vehicle movements.

The development shall be carried out in accordance with the approved

Construction Traffic Management Plan.

Reason - To minimise the impact of construction works upon highway safety and

nearby residents’ enjoyment of their properties in accordance with the

Subterranean Development SPD and policies CT1 and CL5 of the Core Strategy."

 

 
  • Considerate Constructors Scheme (CCS)

"No development shall commence until such time as the lead contractor, or

the site, is signed to the Considerate Constructors Scheme (CCS) and its

published Code of Considerate Practice, and the details of (i) the

membership, (ii) contact details, (iii) working hours as stipulated under the

Control of Pollution Act 1974, and (iv) Certificate of Compliance, are clearly

displayed on the site so that they can be easily read by passing members of

the public, and shall thereafter be maintained on display throughout the

duration of the works forming the subject of this permission.

Reason - To mitigate the impact of construction work upon the levels of amenity

that neighbouring occupiers should reasonably expect to enjoy, and to comply

with the Subterranean Development SPD and policy CL5 of the Core Strategy."

 

  • (if appropriate) Sewer flooding

 

"The basement level shall not be occupied until a positive pumped device has been provided within the basement and is properly operational, and the device shall be so maintained thereafter.

Reason: In order to ensure that the basement would be adequately protected

from sewer flooding and comply with Council’s policies, in particular Core

Strategy policies CE2 and CL7.

 

 

The planning permission also normally contains a number of “informatives” reminding applicants of various rules and regulations and other considerations that apply. The following are some of the standard informatives included in permissions for basement development:

 

  • You are advised that that construction and demolition work is controlled by the Council under Section 60 and 61 of the Control of Pollution Act 1974. In particular, building work which can be heard at the boundary of the site shall only be carried out between the following hours:

 

 Monday to Friday - 08.00 to 18.30

 Saturdays – 08.00 to 13.00

 Sundays and Bank Holidays – No noisy works at all.

Builders who undertake noisy work outside of these hours may be liable for prosecution and a fine of up to £5,000 where a notice has been previously served under the Control of Pollution Act 1974.

  • Planning permission is hereby granted for the development as shown on the

    approved drawings. Any variation to the approved scheme may require further

    permission, and unauthorised variations may lay you open to planning enforcement action. You are advised to seek advice from the Directorate of Planning and Borough Development, before work commences, if you are thinking of introducing any variations to the approved development. Advice should urgently be sought if a problem occurs during approved works, but it is clearly preferable to seek advice at as early a stage as possible.

  • Your attention is drawn to Section 61 of the Control of Pollution Act 1974, which allows developers and their building contractors to apply for ‘prior consent’ for noise generating activities during building works. This proactive approach involves assessment of construction working methods to be used and prediction of likely construction noise levels at sensitive positions, with the aim of managing the generation of construction noise using the ‘best practicable means’ available. You are advised to engage an acoustic consultant experienced in construction noise and vibration assessment and prediction to complete your s.61 application.
  • You are reminded of your duties under the Party Wall Act 1996. This requires a building owner to notify and obtain formal agreement from adjoining property freeholders and leaseholders and anyone who has had an interest of 12 months or greater, where the building owner intends to carry out work which involves:

1. Work involving an existing shared wall with another property;

2. Building on the boundary with another property;

3. Excavating near a neighbouring building, and that work falls within the scope of the Act.

Notice should be served on neighbours at least one month before commencement of

building works. Section 12(1) of the Act provides for the developer to provide security for neighbours through insurance or a security bond.

 

  • You are advised that it is the duty of the occupier of any domestic property to take all such measures available to him/her as are reasonable in the circumstances to secure that any transfer of household waste produced on the property is only to an authorised person or to a person for authorised transport

    purposes. This includes waste materials produced as a result of building works. You may check whether your waste carrier is licensed on the DEFRA website.

  • You are reminded that, if not properly managed, construction works can lead to

    significant negative impacts on the local environment, reducing residential amenity and the safe function of the highway. No vehicles associated with the building operations on the development site shall be parked on the public highway so as to cause an obstruction. Any such wilful obstruction is an offence under Section 137 of the Highways Act 1980. The Council can prosecute developers and their contractors if work is not managed properly. For advice on how to manage construction works in the Royal Borough please see Advice for Builders on the Council's website; from this page you will also find guidance on what to include in Construction Traffic Management Plans (where these are required) which are very valuable instruments in limiting the impact of large scale building work.

 

 

This page was last updated on 30.11.2015.