Two legal notices served on local developers

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Planners from the Royal Borough of Kensington and Chelsea have ordered work to stop at 41-43 Beaufort Gardens, SW3 unless the developers stick to agreed construction traffic management plans following residents’ concerns that health and safety procedures were not in place during the delivery of construction materials to and from the property.

The developer, Keltbray Ltd, is currently converting a former hotel to self-contained flats and constructing a basement. Planning permission was granted subject to a condition that disturbance to residents by construction traffic would be minimised through adherence to a Construction Traffic Management Plan (CTMP).

After complaints were received by the Council, planners visited the site and witnessed a large construction vehicle reversing out onto the busy Brompton Road which constituted a breach of the CTMP. Consequently, the Council’s Planning Enforcement Team issued Breach of Condition Notices and a Temporary Stop Notice on the Wednesday 13 August 2014 to deter any further breaches of the CTMP. The effect of these notices means any future breaches of the CTMP by the developers will be a criminal offence. Each breach witnessed could lead to a maximum penalty of £20,000 in a magistrates court and unlimited if heard in a crown court.

Cllr Timothy Coleridge, Cabinet Member for Planning Policy, said: “Only one offence was witnessed by our Planning Enforcement Team but one offence is one too many. We do not condone developers breaching their planning conditions and, where other Councils might seek to negotiate compliance over a period of months, our Planning Enforcement Team will take action immediately and not tolerate breaches that have an impact on the safety of the Royal Borough’s highways.”

Construction traffic in residential areas, particularly from basement developments, can have a big impact on the lives of neighbouring residents if developers ignore their planning conditions. The Royal Borough will use all legal powers at its disposal to ensure planning conditions are followed.

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