Web: Blake Lapthorn Solicitors. New Kings Court Tollgate Date: 02/08/2012 Chandler's Ford, Tollgate Eastleigh, Hants

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1 Planning and Borough Development Kensington Town Hall, Hornton Street, LONDON, W8 7NX Executive Director Planning and Borough Development Jonathan Bore Mr. S. Drake Web: Blake Lapthorn Solicitors New Kings Court Tollgate Date: 02/08/2012 Chandler's Ford, Tollgate Eastleigh, Hants Direct Line: SO53 3LG My Ref DPS/DCPP/12/02001/Q20/ UPRN No(s) / Please ask for: North Area Team Dear Sir/Madam, TOWN AND COUNTRY PLANNING ACT 1990 TOWN AND COUNTRY PLANNING (DEVELOPMENT MANAGEMENT PROCEDURE) ORDER 2010 Permission for Development (Conditional) (DP1) The Royal Borough of Kensington and Chelsea hereby GRANTS PERMISSION for the development set out in the schedule below, subject to the stated Conditions and in accordance with the plans and information submitted. Your attention is drawn to the enclosed information sheet. SCHEDULE DEVELOPMENT: SITE ADDRESS: RBK&C Drawing Nos: Placing of one table and two chairs on the public highway. Public House, 100 Holland Park Avenue, LONDON, W11 4UA PP/12/02001 Applicant's Nos: Drawing Rev.A Application Dated: 07/06/2012 Application Completed: 07/06/2012 FULL CONDITION(S), REASON(S) FOR THEIR IMPOSITION AND INFORMATIVE(S) ATTACHED OVERLEAF

2 CONDITION(S) AND REASON(S) FOR THEIR IMPOSITION 1. The development hereby permitted shall be begun before the expiration of three years from the date of this permission. (C001) Reason - As required by Section 91 of the Town and Country Planning Act 1990, to avoid the accumulation of unexercised Planning Permissions. (R001) 2. No more than 1 table and 2 chairs shall be positioned in front of the premises at any one time, and these table and chairs shall be positioned within 800mm of the frontage as shown on drawing number rev. A. Reason - To prevent further obstruction of the public highway and to comply with policies CR3 and CR4 of the Core Strategy and the 'Transport' SPD. 3. Notwithstanding drawing number rev. A, no A-boards, planters or wind breaks shall be placed on the public highway outside the premises at any time and the area outside this premises shall be kept free of litter and this shall be so maintained. Reason - To prevent the obstruction of the surrounding streets and safeguard the amenities of the area. 4. The use of the footway for the placing of tables and chairs shall not commence before 10:00 hours and shall cease no later than 22:30 hours. Outside these approved hours the tables and chairs shall be removed from the public highway and no customers shall be served on the public highway. (C67g) Reason: To prevent obstruction of the surrounding streets and to safeguard the amenities of the area and comply with policies CL5 and CE6 of the Core Strategy. INFORMATIVE(S) 1 Your attention is drawn to the Conditions of this Permission and to the Council's powers of enforcement, including the power to serve a Breach of Condition Notice under the Town and Country Planning Act 1990, as amended. 2 Before placing any structures, including tables, chairs, or advertisements, on the public highway, you are advised to consult the Directorate of Transportation and Highways, Room 230, Town Hall, Hornton Street W8 7NX ( ) regarding consent under the Highways Act which may be required. (I25)

3 3 You are reminded that, if not properly managed, construction works can lead to negative impacts on the local environment, reducing residential amenity and the safe function of the highway. 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 the Council s w e b s i t e : ers.aspx. From this page you will also find guidance on what to include in Construction Traffic Management Plans (where these are required). 4 The proposed development (as approved) may be affected by the designation of the Olympic Route Network (ORN) and Paralympic Route Network (PRN), under the London Olympic Games and Paralympic Games Act The ORN and PRN will enable key Olympic and Paralympic participants such as athletes and officials, to travel safely, securely and efficiently between venues and their accommodation. The ORN and PRN will operate during the Olympic and Paralympic Games period (the run-up to the Games, the Games themselves and the dispersal afterwards) between June and September During this period, there will be an impact on construction works, utility works and highway licensed activities (for example, skips and building materials) if they affect the roads designated as a part of the ORN/PRN. Other routes might also be affected and will also be required to be clear of any kinds of obstruction. These are not yet finalised, but will be advised as further information becomes available. Other users of road space may also be affected including road freight deliveries and public transport. Requests to utility providers to provide any additional water, gas, electricity or telecommunications connections should be made sufficiently well in advance of the Games period. In addition, from mid-2011 through to start of the Games period, there will be works taking place on some parts of the ORN at different times to implement the temporary traffic measures which are necessary for the ORN to operate as intended. Works and licences could therefore be affected on occasions during this period.

4 Temporary traffic measures to manage the movement of spectators and others close to the competition venues may also affect works and other activities in some of the surrounding streets during the Games period. Further information will become available as the local area traffic management plan for each venue is drawn up later in This note is for information only and is provided without prejudice to the legal rights of the ODA or any other relevant authority whether under the London Olympic Games and Paralympic Games Act 2006, planning, traffic or highway legislation or otherwise. Further information and the latest news on the ORN and PRN can be found on the London 2012 website at e.html. (I.68)

5 Placing of one table and two chairs on the public highway. SUMMARY OF REASONS FOR DECISION You are advised that this application was determined by the Local Planning Authority with regard to the National Planning Policy Framework (NPPF), Development Plan policies, including relevant policies contained within the Core Strategy of the Local Development Framework, the London Plan, as well as policies saved from the Unitary Development Plan, and was considered to be in compliance with the relevant policies. In particular, the following policies were considered: Core Strategy adopted 8 December 2010 CR3 Street and Outdoor Life CR4 Streetscape CT1 Improving alternatives to car use CL1 Context and Character CL2 New Buildings, Extensions and Modifications CL3 Heritage Assets - Conservation Areas and Historic Spaces CL6 Small-scale Alterations and Additions CL5 Amenity CE6 Noise and Vibration Weight was also given to relevant local Supplementary Planning Guidance/Documents and Statements, including: Transport adopted10 December 2008 (0803). These documents were adopted following public consultation. The material circumstances of the case, including site history, location, and impact on amenity were considered. In addition, consideration was given to the results of public consultation. It is concluded that the proposed use of the public pavement on Holland Park Avenue for the placement of one table and two chairs in connection with the Public House would neither have a negative impact upon the amenities of neighbouring residential premises nor obstruct or impose safety risks to pedestrian accessing the site. Therefore, it is concluded that the development would be in accordance with the relevant policies of the development plan and the 'Transport' Supplementary Planning Document. The full report is available for public inspection at the Planning Information Office, Ground Floor, Town Hall, Hornton Street, London, W8 7NX. Yours faithfully, Jonathan Bore Executive Director, Planning and Borough Development

6 INFORMATION SHEET When a permission or consent is given it does not convey any approval, consent, permission or licence under any Acts, Byelaws, Orders or Regulations other than those referred to in the permission or consent. Nothing in the permission or consent shall be regarded as dispensing with compliance with such other Acts or Byelaws etc. In respect of planning permission, your particular attention is drawn to the provisions of the Building Act 1984, and the Byelaws in force thereunder and to the Building Regulations 2000 (as amended) which must be complied with to the satisfaction of the Council s building control officers, at the Town Hall, Hornton Street, W8 7NX. Also, the Council s permission does not modify or affect any personal or restrictive covenants, easements, etc., applying to or affecting the land or the rights of any persons entitled to the benefits thereof. Your attention is drawn to applicant s rights arising from the refusal of planning permission or Listed Building Consent, and from the grant of permission/consent subject to Conditions, as follows: 1) If the applicant is aggrieved by the decision of the local planning authority to refuse planning permission, Listed Building Consent, or approval for the proposed development; or to grant permission or approval/consent subject to conditions, he may appeal to the Secretary of State, under the Town and Country Planning Act 1990, within six months of the date of this notice. Appeals must be made using a form available from the Planning Inspectorate at Temple Quay House, 2 The Square, Temple Quay, Bristol BS1 6PN or online at 2) If permission to develop land or Listed Building Consent is refused or granted subject to Conditions whether by the local planning authority or by the Secretary of State, and the owner of the land claims that the land has become incapable of reasonably beneficial use in its existing state and cannot be rendered capable of reasonably beneficial use by the carrying out of any development which has been or would be permitted, he may serve on the relevant authority where the land is situated, a purchase notice requiring that council to purchase his interest in the land in accordance with the provisions of Part VI of the Town and Country Planning Act 1990, or Part 1 Chapter III of the Planning (Listed Buildings and Conservation Areas) Act ) In certain circumstances, a claim may be made against the local planning authority for compensation. The circumstances in which such compensation is payable are set out in Sections 114 of the Town and Country Planning Act 1990, or Section 27 of the Planning (Listed Buildings and Conservation Areas) Act 1990.