Case 3262712

15 Brompton Square, London, SW3 2AD

Royal Borough of Kensington and Chelsea — appeal allowed

Outcome
Allowed
Decision date
16 December 2021
Authority
Royal Borough of Kensington and Chelsea
Inspector
Cullen F
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Other minor developments
Appellant
Nicolaisen Invest UK Limited
Agent
Phillips Planning Services Limited
LPA reference
PP/20/04106
ONS LPA code
E09000020
Jurisdiction
Transferred
Link status
Lead
Start date
15 February 2021

Summary AI

The appeals concern the redevelopment of a Grade II listed building in the Brompton Conservation Area. The proposal includes the construction of a new closet wing extension from lower ground floor to second floor level and the insertion of a passenger lift within it. The inspector has considered the proposal and has determined that it would preserve the special architectural and historic interest of the listed building and the character and appearance of the conservation area.

Generated from the decision letter — check against the original before relying on it.

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Page 1 · Chunk 0 by F Cullen BA(Hons) MSc DipTP MRTPI IHBC

15 Brompton Square, London, SW3 2AD — Royal Borough of Kensington and Chelsea — by F Cullen BA(Hons) MSc DipTP MRTPI IHBC an Inspector appointed by the Secretary of State Decision date: 16 December 2021

Page 1 · Chunk 1 15 Brompton Square, London SW3 2AD

15 Brompton Square, London, SW3 2AD — Royal Borough of Kensington and Chelsea — 15 Brompton Square, London SW3 2AD • The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant planning permission. • The appeal is made by Nicolaisen, Nicolaisen Invest UK Limited against the decision of the Royal Borough of Kensington and Chelsea. • The application Ref: PP/20/04106, dated 20 July 2020, was refused by notice dated 2 October 2020. • The development proposed is redevelopment of property involving the demolition of lower ground and ground rear extension; replacement of lower ground floor slab to rear; construction of mansard roof, basement extension under rear garage and provision of roof terrace to rear garage; construction of lower ground and ground rear extension and new closet wing from lower ground to first floors; and associated internal refurbishment works throughout.

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15 Brompton Square, London, SW3 2AD — Royal Borough of Kensington and Chelsea — 15 Brompton Square, London SW3 2AD • The appeal is made under section 20 of the Planning (Listed Buildings and Conservation Areas) Act 1990 against a refusal to grant listed building consent. • The appeal is made by Nicolaisen, Nicolaisen Invest UK Limited against the decision of the Royal Borough of Kensington and Chelsea. • The application Ref: LB/20/04107, dated 20 July 2020, was refused by notice dated 2 October 2020. • The works proposed are redevelopment of property involving the demolition of lower ground and ground rear extension; replacement of lower ground floor slab to rear; construction of mansard roof, basement extension under rear garage and provision of roof terrace to rear garage; construction of lower ground and ground rear extension and new closet wing from lower ground to first floors; and associated internal refurbishment works throughout.

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15 Brompton Square, London, SW3 2AD — Royal Borough of Kensington and Chelsea — Schedule 1 attached. https://www.gov.uk/planning-inspectorate

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15 Brompton Square, London, SW3 2AD — Royal Borough of Kensington and Chelsea — Schedule 1 attached. https://www.gov.uk/planning-inspectorate Appeal Decisions APP/K5600/W/20/3262712, APP/K5600/Y/20/3262714 2. Appeal B: The appeal is allowed and listed building consent is granted for redevelopment of property involving the demolition of lower ground and ground rear extension; replacement of lower ground floor slab to rear; construction of mansard roof, basement extension under rear garage and provision of roof terrace to rear garage; construction of lower ground and ground rear extension and new closet wing from lower ground to second floors; insertion of lift in new closet wing; and associated internal refurbishment works throughout, at 15 Brompton Square, London SW3 2AD, in accordance with the terms of the application Ref: LB/20/04107 dated 20 July 2020 and the plans and information submitted with it, subject to the conditions set out in Schedule 2 attached. Preliminary Matters 3. The two appeals concern the same scheme under different, complementary legislation. I have dealt with both appeals together in my reasoning. 4.

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15 Brompton Square, London, SW3 2AD — Royal Borough of Kensington and Chelsea — Schedule 1 attached. Following the determination of the applications and during the course of the appeals, the London Plan was formally adopted in March 2021 and a revised version of the National Planning Policy Framework (the Framework) was published on 20 July 2021. The LP 2021 replaces the London Plan 2016 and the revised Framework replaces the 2019 version. The main parties have been given the opportunity to comment on the implications of these changes for the appeals. I have had regard to any responses received in my determination of the appeals and my decisions are made in the context of the LP 2021 and the revised Framework. 5. The description of development and works set out above is taken from the application form. However, it is clear from the submitted plans and evidence before me that the proposed development and works include the construction of a new closet wing from lower ground to second floors and the insertion of a passenger lift within it. I have therefore considered the appeals on this basis and amended the description of the development and works in the formal decisions above accordingly. I am satisfied that no parties’ interests have been prejudiced by this approach. 6.

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15 Brompton Square, London, SW3 2AD — Royal Borough of Kensington and Chelsea — Schedule 1 attached. The appeals relate to a Grade II listed building which is located within the Brompton Conservation Area (the CA). The applications which are the subject of the appeals follow grants of planning permission and listed building consent at the property1 for the same development and works but without the additional second floor extension of the new closet wing and the installation of a passenger lift within it. With reference to the approved development and works, which I am aware have commenced on site, the Council considers that the appeals proposal is mostly acceptable, subject to the submission of additional detail. The contentious elements of the appeals proposal are the additional second floor extension of the new closet wing and the insertion of a passenger lift within it. This is reflected in the Council’s decision notices and reason for refusal for both applications. 7. I have had regard to the statutory duties under sections 16(2), 66(1) and 72(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 (the Act).

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15 Brompton Square, London, SW3 2AD — Royal Borough of Kensington and Chelsea — Schedule 1 attached. Mindful of the extant permission and consent and taking into account the evidence before me and my observations on site, I find no reason to disagree 1 Application Refs: PP/20/00864 and LB/20/00865. Granted 9 April 2020. https://www.gov.uk/planning-inspectorate 2

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15 Brompton Square, London, SW3 2AD — Royal Borough of Kensington and Chelsea — Schedule 1 attached. Mindful of the extant permission and consent and taking into account the evidence before me and my observations on site, I find no reason to disagree 1 Application Refs: PP/20/00864 and LB/20/00865. Granted 9 April 2020. https://www.gov.uk/planning-inspectorate 2

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15 Brompton Square, London, SW3 2AD — Royal Borough of Kensington and Chelsea — Schedule 1 attached. Appeal Decisions APP/K5600/W/20/3262712, APP/K5600/Y/20/3262714 with the Council that, excluding the disputed elements and subject to the submission of further details that could be secured by conditions, the development and works included in the previous approvals would preserve the special interest of the listed building and preserve or enhance the character or appearance of the CA as a whole. In the context of the above, I have considered the applications which are the subject of the appeals afresh and on their own merits, but focused my deliberations on the effects of the additional second floor extension of the new closet wing and the insertion of a passenger lift within it on the special interest of the Grade II listed building and the character and appearance of the CA. 8. During the determination of the applications the appellant submitted revised plans2 with the aim of addressing inconsistencies highlighted by the Council. These were not taken into account in the final decisions. The revised plans have been submitted with the appeals along with a plan providing details of the proposed dummy windows3 which has not previously been seen by the Council.

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15 Brompton Square, London, SW3 2AD — Royal Borough of Kensington and Chelsea — Schedule 1 attached. However, the revised plans have the same revision reference to those listed as being submitted with the original applications. To correct this the appellant has submitted the same plans with an amended revision reference4 with the final comments. 9. The revised and additional plans correct discrepancies between the floor plans and sections and provide further detail on an element of the new closet wing. I have had regard to the Wheatcroft Principles5, the nature of the amendments/ additional detail and that the Council and interested parties have had an opportunity to comment on the revised and additional plans as part of the appeals. In these regards, I am satisfied that accepting them would not deprive those who should have been consulted on the changed development and works of the opportunity of such consultation. I have therefore taken the revised and additional plans into account in my determination of the appeals. Main Issues 10. The main issues are whether the proposal would i) preserve the special architectural and historic interest of the Grade II listed building, 13-16 Brompton Square; and ii) preserve or enhance the character or appearance of the Brompton Conservation Area.

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15 Brompton Square, London, SW3 2AD — Royal Borough of Kensington and Chelsea — Schedule 1 attached. Reasons Special interest and significance 11. No 15 Brompton Square (No 15), is a four-storey with lower ground floor level, mid-terrace, residential property, which is constructed of brick with channelled stucco at ground floor level at the front. It forms part of a Grade II listed building, Nos 13-16 Brompton Square (consecutive) (Nos 13-16). Dating from 1824-39 and developed by William Farlar, James Bonin and Henry Goodinge, Nos 13-16 are an integral component of the Brompton Square layout, a fine late Regency Classical architectural set piece with houses laid out around a central private garden. 2 Plan References: P123 Rev. G Proposed First to Roof Plans and P125 Rev. F Proposed Sections. 3 Plan Reference: P230 Proposed Dummy Window Details. 4 Plan References: P123 Rev. H Proposed First to Roof Plans and P125 Rev. G Proposed Sections. 5 Bernard Wheatcroft Ltd v SSE [JPL 1982 P37]. https://www.gov.uk/planning-inspectorate 3

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15 Brompton Square, London, SW3 2AD — Royal Borough of Kensington and Chelsea — Schedule 1 attached. Appeal Decisions APP/K5600/W/20/3262712, APP/K5600/Y/20/3262714 12. Nos 13-16, along with the other listed buildings on Brompton Square, present a formal, generally harmonious and aesthetically pleasing, frontage. In contrast, the rear elevations, although imposing, are architecturally more restrained and a variety of alterations, extensions and/or modifications to rear closet wings have considerably weakened any homogeneity they may once have had. Internally, No 15 as a component of the listed building, has largely retained its historic plan form along with many features of special interest. 13. From the evidence before me, the special interest and significance of the listed building largely stem from its historic and architectural interests. Its historic interest is primarily in respect of its age and illustration of early 19th century domestic architecture. While its architectural interest is mainly in respect of its attractive late Regency Classical style. There is also heritage value in Nos 13-16 as a group and the contribution the listed building makes to the well-proportioned composition of the wider townscape. 14.

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15 Brompton Square, London, SW3 2AD — Royal Borough of Kensington and Chelsea — Schedule 1 attached. The building’s special interest and significance in so far as it relates to the appeals, are primarily associated with its historic and architectural integrity, to which the status differentiation reflected in the building’s front and rear elevations, legibility of its extant historic plan-form, surviving historic fabric, and the formal hierarchy within its internal floors and rooms all contribute. 15. The site is also located within the CA. Extracts from the Council’s Conservation Area Appraisal6 incorporated within the appellant’s Heritage Statement confirm that, although small in size, the CA contains a diverse range of building styles of different periods. These include high status Georgian houses, Brompton Square, the grand Brompton Oratory as well as more ‘ordinary’ historic buildings such as cottages, mews, a former underground station and shops. 16. The historic buildings along with the spaces around and between them combine to create a strong character and sense of place. The historic integrity and architectural quality of Nos 13-16 contribute positively to the character and appearance of the CA as a whole and thereby to its significance as a designated heritage asset. The appeals proposal and its effects 17.

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15 Brompton Square, London, SW3 2AD — Royal Borough of Kensington and Chelsea — Schedule 1 attached. The development and works granted permission and consent as part of the previous approvals are underway. These include the demolition of a very early closet wing extension at lower ground and ground floor levels, stated to have been in situ by the 1860s; the demolition of a canted pod, elevated on stilts at second floor half-landing level, stated to have been added prior to the 1940s; and the creation of a new closet wing extension from lower ground to first floor level. 18. The appeals proposal includes the construction of a new closet wing extension from lower ground floor to second floor level along with the insertion of a passenger lift inside it, providing access from lower ground to ground, first floor half-landing and second floor half-landing levels. The new closet wing would be constructed to the same footprint, shape and materials as the approved scheme which reflect the early closet wing and would include two dummy windows. 6 Brompton Conservation Area Appraisal, Royal Borough of Kensington and Chelsea, 2016. https://www.gov.uk/planning-inspectorate 4

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15 Brompton Square, London, SW3 2AD — Royal Borough of Kensington and Chelsea — Schedule 1 attached. Appeal Decisions APP/K5600/W/20/3262712, APP/K5600/Y/20/3262714 19. Taking into account the development and works which have already been granted permission and consent, the appeals proposal, of itself, would not involve the additional loss of original or historic fabric beyond that already permitted. 20. The upward extension of the new closet wing to second floor level would introduce built form at first floor level where historically there has been none and would extend the structure two floor levels above the early closet wing. Nevertheless, the new wing would be only slightly taller than the canted pod and, whilst it would be taller than extensions to adjoining properties, it would be comparable to others on the terrace. In addition, the proposed position of the windows within the new rear extensions would generally maintain a seesawing pattern with the fenestration of the main house. Although two windows within the new closet wing would be dummy windows with no light or animation behind them, when assessed in relation to the number of genuine windows on the rear elevation of No 15 and the terrace as a whole, they would not appear unduly discordant. 21.

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15 Brompton Square, London, SW3 2AD — Royal Borough of Kensington and Chelsea — Schedule 1 attached. The insertion of a lift would be a significant and undeniably modern intervention into the new closet wing. It would also result in the subdivision of the space within the wing and a slightly greater floor to ceiling height within its lobby area at second floor half-landing level when compared to the main body of the house at second floor level. 22. However, the lift’s fully enclosed and setback position within the new wing would largely conceal this contemporary use. Moreover, the additional incorporation of toilet facilities within the space would go some way to maintaining the new closet wing’s service function and secondary relationship with the main house. Additionally, the difference in floor to ceiling height of the lobby area would be so limited in extent that it would not notably disrupt the internal order of the floors within the building. 23. Consequently, the primacy of the staircase as the principal route of vertical circulation within the property would be physically and visually conserved and the internal hierarchy of floors and spaces would not be materially weakened. As such, the proposal would preserve the legibility of the building’s historic plan form. 24.

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15 Brompton Square, London, SW3 2AD — Royal Borough of Kensington and Chelsea — Schedule 1 attached. Whilst I acknowledge that the submitted details regarding the lift are limited, I have no reason to question the appellant’s assertion that the lift cannot be incorporated into the new closet wing as shown on the submitted plans and without the need for any additional beams or connecting supports. In any event, any works granted under a listed building consent are specific to that application and formal decision, such that a fresh application should be sought for variations to it. I am satisfied that the detail of this element of the proposal can be secured via an appropriately worded condition. 25. The CA’s Character Appraisal highlights the importance of rear elevations within the area. The rear of No 15 and its neighbours are highly visible and particularly prominent from the public domain of Cottage Place and the elevated route adjacent to Brompton Oratory and the Church of the Holy Trinity. On this basis the area is highly sensitive to change. Nevertheless, by virtue of the new closet wing’s form, design and materials, the proposal would, overall, respect the listed building and its context, allowing it to assimilate onto https://www.gov.uk/planning-inspectorate 5

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15 Brompton Square, London, SW3 2AD — Royal Borough of Kensington and Chelsea — Schedule 1 attached. Appeal Decisions APP/K5600/W/20/3262712, APP/K5600/Y/20/3262714 the rear of No 15 and the terrace and integrate into the varied townscape of the CA. 26. In coming to my decisions, I have given careful consideration to the extensive discussions and negotiations between the parties as part of the determination of the approved scheme and the subsequent design modifications to mitigate any harm and secure public benefits. However, given the structural instability of the early closet wing, the height and atypical form of the canted pod, the already modified form of the second floor window, and the evident assortment of historic alterations and extensions to the rear of the terrace as a whole, I am satisfied that in this instance, the appeals proposal would preserve the identified heritage merit of both the listed building and the CA. 27. Accordingly, I conclude that the proposal would preserve the special architectural and historic interest of the Grade II listed building, 13-16 Brompton Square and would preserve the character and appearance of the Brompton Conservation Area.

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15 Brompton Square, London, SW3 2AD — Royal Borough of Kensington and Chelsea — Schedule 1 attached. It would therefore satisfy the requirements of sections 16(2), 66(1) and 72(1) of the Act and the provisions within the Framework which seek to conserve and enhance the historic environment. It would also be in accordance with Policies CL3, CL4, CL9 and CL11 of the Royal Borough of Kensington and Chelsea Local Plan 2019, in so far as they seek development to preserve or enhance the character or appearance of conservation areas; protect the heritage significance of listed buildings; for extensions to be in character with the existing building; and preserve or enhance views within conservation areas. As a result, the proposal would be in accordance with the development plan. 28. I note the Council’s assertion that the provision of a lift within the building would principally be of private benefit to any owner/occupier rather than of wider public benefit. I agree. Nevertheless, in finding an absence of harm to the identified special interest and significance of the designated heritage assets, it is not incumbent on me to consider any public benefits that would flow from the appeals proposal. Other Matter 29.

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15 Brompton Square, London, SW3 2AD — Royal Borough of Kensington and Chelsea — Schedule 1 attached. I note the proximity of the appeals property to Brompton Oratory (listed Grade II*) and Church of the Holy Trinity (listed Grade II). Mindful of the statutory duty under section 66(1) of the Act, I have had special regard to preserving the setting of these listed buildings. The significance of these listed buildings is principally derived from their historic and architectural interests. Their immediate and wider urban setting positively contributes to that significance. Nos 13-16 forms part of the wider historic built urban backdrop to these listed buildings and thus their setting. Given the extent and nature of the development and works, the proposal would not alter how these buildings are experienced or how their significance is appreciated. As such, it would have a neutral effect on the setting of the listed buildings and the contribution it makes to their significance. I note the Council has raised no issues in this respect either. Conditions 30. The Council has submitted lists of suggested conditions for both applications were the appeals to be allowed. I have considered these in light of the advice set out in both the Framework and the Planning Practice Guidance. https://www.gov.uk/planning-inspectorate 6

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15 Brompton Square, London, SW3 2AD — Royal Borough of Kensington and Chelsea — Schedule 1 attached. Appeal Decisions APP/K5600/W/20/3262712, APP/K5600/Y/20/3262714 31. As stated above, the development and works which have previously been granted permission and consent have commenced on site. The parties have confirmed that a number of the associated conditions, or parts of them, have been discharged. Nevertheless, as I have considered the applications afresh I have imposed the conditions suggested by the Council in full. I have cited the application references and made minor amendments to the suggested wording for the purposes of clarity and precision. The appellant has given written agreement to the pre-commencement conditions. 32. Standard time commencement conditions are necessary. A condition on the planning permission specifying the relevant plans is necessary as this provides certainty. However, it is not necessary for this to be included as a condition on the listed building consent as adherence to the plans which accompany the application is part of the formal decision. 33.

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15 Brompton Square, London, SW3 2AD — Royal Borough of Kensington and Chelsea — Schedule 1 attached. With respect to the planning permission, in the interests of the living conditions of neighbours, the structural integrity of the listed building, the special interest of the listed building and the character and appearance of the CA, conditions relating to the following elements of development are necessary: a construction traffic management plan; the professional management of engineering works; a considerate constructors scheme; a code of construction practice; a pumped device; windows/dormer windows; roof material; anti-vibration mounts for the lift equipment; detailed drawings of external elements; samples/sample panels; brick bond; pointing, repointing and jointing; pipework; services/pipes; and external paraphernalia. I have not included suggested condition 16 (Windows - Painted timber sashes to match) as it essentially repeats suggested condition 8. 34.

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15 Brompton Square, London, SW3 2AD — Royal Borough of Kensington and Chelsea — Schedule 1 attached. With respect to the listed building consent, in the interests of the special interest of the listed building, conditions relating to the following elements of work are necessary: details of the lift; notification of the start of works; detailed drawings of specific internal and external elements; samples/sample panels; for work to match retained/historic fabric; brick bond; pointing, repointing and jointing; the retention of historic fabric; windows; the protection of the interior; pipework; services/pipes; partitions; new floor finishes; external paraphernalia; recessed ceiling lights; cementitious materials; and fixing cables. Conclusions 35. The proposed development would not conflict with the development plan. There are no material considerations which indicate that the decision should be made other than in accordance with the development plan. Therefore, for the reasons given and subject to conditions, I conclude that Appeal A should be allowed. 36. For the reasons given and subject to conditions, I conclude that Appeal B should be allowed.

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15 Brompton Square, London, SW3 2AD — Royal Borough of Kensington and Chelsea — F Cullen INSPECTOR https://www.gov.uk/planning-inspectorate 7

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15 Brompton Square, London, SW3 2AD — Royal Borough of Kensington and Chelsea — F Cullen INSPECTOR https://www.gov.uk/planning-inspectorate 7 Appeal Decisions APP/K5600/W/20/3262712, APP/K5600/Y/20/3262714 Appeal A Ref: APP/K5600/W/20/3262712 Conditions: Schedule 1 1) Time Limit The development hereby permitted shall begin not later than three years from the date of this decision. 2) Compliance with approved drawings The development hereby permitted under this permission (Ref: PP/20/04106) shall not be carried out except in complete accordance with the details shown on the submitted plans- Location plan; Site plan; P121 Rev. H; P122 Rev. H; P123 Rev. H; P125 Rev. G; P126 Rev. E; P127 Rev. E; P131 Rev. C; P132 Rev. B; P133 Rev. A; P135 Rev. B; P136 Rev. B; P137 Rev. A; and P230. 3) Construction Traffic Management Plan (CTMP) No development shall commence under this permission (Ref: PP/20/04106) until a CTMP has been submitted to and approved in writing by the Local Planning Authority.

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15 Brompton Square, London, SW3 2AD — Royal Borough of Kensington and Chelsea — F Cullen The CTMP 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; and (j) 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.

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15 Brompton Square, London, SW3 2AD — Royal Borough of Kensington and Chelsea — F Cullen The development shall be carried out in accordance with the approved CTMP. A one page summary of the requirements of the approved CTMP shall be affixed to the frontage of the site for the duration of the development at a location where it can be read by members of the public. 4) Professional management of engineering works No development shall commence under this permission (Ref: PP/20/04106) until: (A) A Chartered Civil Engineer (MICE) or Chartered Structural Engineer (MI Struct.E) has been appointed for the duration of building works and their appointment confirmed in writing to the Local Planning Authority; and (B) The name, and contact details of the person supervising engineering and construction on site for the duration of building works have been confirmed in writing to the Local Planning Authority. https://www.gov.uk/planning-inspectorate 8

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15 Brompton Square, London, SW3 2AD — Royal Borough of Kensington and Chelsea — F Cullen Appeal Decisions APP/K5600/W/20/3262712, APP/K5600/Y/20/3262714 In the event that either the Appointed Engineer or Appointed Supervisor cease to perform that role for whatever reason before the construction works are completed, those works shall cease until a replacement chartered engineer of the afore-described qualification or replacement supervisor 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 and supervisor are at that time currently appointed and their appointment has been notified to this Authority in accordance with this condition.

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15 Brompton Square, London, SW3 2AD — Royal Borough of Kensington and Chelsea — F Cullen Appeal Decisions APP/K5600/W/20/3262712, APP/K5600/Y/20/3262714 In the event that either the Appointed Engineer or Appointed Supervisor cease to perform that role for whatever reason before the construction works are completed, those works shall cease until a replacement chartered engineer of the afore-described qualification or replacement supervisor 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 and supervisor are at that time currently appointed and their appointment has been notified to this Authority in accordance with this condition.

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15 Brompton Square, London, SW3 2AD — Royal Borough of Kensington and Chelsea — F Cullen 5) Considerate Constructors Scheme (CCS) No development shall commence under this permission (Ref: PP/20/04106) until such time as the lead contractor, or the site, is signed to the 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 so maintained on display throughout the duration of the development forming the subject of this permission. 6) Code of Construction Practice No development shall commence under this permission (Ref: PP/20/04106) until: (A) An Appendix A Checklist and Site Construction Management Plan (SCMP) for the development have both been submitted to, and approved in writing, by the Council’s Construction Management Team, and then (B) Copies of the approved Checklist and Plan, and their written approval, have been submitted to the Local Planning Authority to be placed on the property record.

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15 Brompton Square, London, SW3 2AD — Royal Borough of Kensington and Chelsea — F Cullen The development shall be carried out in accordance with the Appendix A Checklist and SCMP so approved, or in accordance with a subsequent Checklist or SCMP as may be approved under this condition. Note - The Council’s Construction Management Team work independently of the planning department. For further information regarding the Code and how the required details should be submitted to them, the Council’s Construction Management Team can be contacted on email at: dehcmt@rbkc.gov.uk or tel: 020 7361 3002. 7) Pumped device Prior to occupation of any part of the basement, a suitable pumped device shall be provided within the basement and be so maintained thereafter. 8) Windows - Painted timber sashes to match All windows hereby permitted shall be white painted, timber, double hung, vertical sliding sashes, single glazed with a bevelled putty finish and no trickle vents, with mouldings and dimensions to match the existing windows, and be so maintained. 9) Roof Material - Natural slates The roof slopes of the roof extension hereby permitted shall be clad in natural slates, and be so maintained. 10) Dormer windows The cheeks of the dormer windows shall be clad in lead and be so maintained.

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15 Brompton Square, London, SW3 2AD — Royal Borough of Kensington and Chelsea — F Cullen 11) Anti-vibration mounts for lift equipment The lift shall not operate unless it is supported on adequate proprietary anti-vibration mounts to prevent the https://www.gov.uk/planning-inspectorate 9

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15 Brompton Square, London, SW3 2AD — Royal Borough of Kensington and Chelsea — F Cullen 11) Anti-vibration mounts for lift equipment The lift shall not operate unless it is supported on adequate proprietary anti-vibration mounts to prevent the https://www.gov.uk/planning-inspectorate 9

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15 Brompton Square, London, SW3 2AD — Royal Borough of Kensington and Chelsea — F Cullen Appeal Decisions APP/K5600/W/20/3262712, APP/K5600/Y/20/3262714 structural transmission of vibration and regenerated noise within adjacent or adjoining premises, and these shall be so maintained thereafter. 12) Submission of details Detailed drawings to a scale of no less than 1:10 unless otherwise specified (including cross-section, elevation, glazing, materials, colour/finish) or samples of materials as appropriate, in respect of the following shall be submitted to and approved in writing by the Local Planning Authority before the relevant part of the development is begun, and the development shall not be carried out other than in accordance with the details so approved and shall thereafter be so maintained: (a) Drawings of proposed flat roofs at 1:10 or 1:5 showing construction (roof- build-up), lantern and/or rooflights and method of drainage, materials, fixings and finish; (b) Drawings of proposed new rooflight to main roof at 1:10 or 1:5 showing upstand, materials fixings and finish; (c) Drawings of all new external metalwork, including railings at 1:5 or 1:1 in profile, cross-section and elevation with details of materials, fixings, colour and finish.

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15 Brompton Square, London, SW3 2AD — Royal Borough of Kensington and Chelsea — F Cullen Plans should also indicate metalwork to be retained; (d) Drawings at 1:10 or 1:5, showing section, elevation and moulding/profile details for windows, plus internal framing, shutters and apron where appropriate, materials, finish and colour; (e) Drawings at 1:10 or 1:5 showing refurbishment to windows, schedule of works, i.e. localised repairs and methodology, replacement glazing etc., materials, finish and colour; (f) Drawings of infill structure at 1:10 showing elevation and section drawings for framing/glazing, any proposed moulding, ventilation, materials, colour and finish; (g) Drawings of any proposed external vents/extract flues indicating location, size, projection from building, materials, colour and finish; (h) Drawings showing design for front steps, profile of tread/riser, materials, finish and colour. To indicate how historic railings, boot scraper to be retained and incorporated; (i) Drawings showing design for lightwell steps including profile of tread/riser, cross-sections of handrail, balustrade, materials, finish and colour; and (j) Drawings showing design for all proposed steps in garden including profile tread/riser, cross-sections of handrail, balustrade, materials, finish and colour.

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15 Brompton Square, London, SW3 2AD — Royal Borough of Kensington and Chelsea — F Cullen 13) Samples/Sample Panels Samples or sample panels of the following shall be provided on site, and approved in writing by the Local Planning Authority before the relevant parts of the approved development is commenced, and the sample panels shall be retained on site until the development is completed in accordance with the panel(s) so approved: (a) Sample panels of new brickwork showing the proposed colour, texture, brick bond and pointing. Note that lime mortar shall be used and shall be pointed back from the face / arrises of the brick and NOT weatherstruck; (b) Paint, tuck pointing removal trial; (c) Samples of materials for all steps; and (d) Samples of any proposed glazing. 14) Brick Bond The brickwork bond shall match the original bond on the building. The rebuilding of the garden wall shall match that of the historic walling. 15) Pointing, re-pointing, and jointing The mortar mix shall match the existing original construction mortar of the building with regards to the grading of the https://www.gov.uk/planning-inspectorate 10

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15 Brompton Square, London, SW3 2AD — Royal Borough of Kensington and Chelsea — F Cullen Appeal Decisions APP/K5600/W/20/3262712, APP/K5600/Y/20/3262714 aggregate, finish, and colour. The mortar must be lime based with no cement content. The pointing profile shall match the original profile on the building and NOT weatherstruck. 16) Pipework No plumbing or pipes other than rainwater pipes shall be fixed on the external faces of the building other than those shown on the drawings forming part of this permission. Where historic pipework has been removed to carry out work, it shall be reinstated and be so maintained, or replicated (including brackets) in materials, size and finish. 17) Services/pipes All rainwater goods/guttering shall be black painted cast metal and be so maintained. 18) No external paraphernalia No new plumbing, pipes, vents, lights, CCTV, alarms or any other item shall be fixed to the external faces of the building other than those shown on the drawings forming part of this permission. End of Conditions: Schedule 1 Appeal B Ref: APP/K5600/Y/20/3262714 Conditions: Schedule 2 1) Time Limit The works hereby granted shall begin not later than three years from the date of this decision.

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15 Brompton Square, London, SW3 2AD — Royal Borough of Kensington and Chelsea — F Cullen 2) Details of lift Drawings of the proposed lift and shaft at a scale of 1:50, to include any operating mechanism or associated works/facilities and how the proposed would safeguard the structural integrity and significance of the listed building without interference of historic fabric shall be submitted to and approved in writing by the Local Planning Authority before that part of the work is begun, and the works shall not be carried out other than in accordance with the approved details and shall thereafter be so maintained. 3) Notification of start of works No works shall commence under this listed building consent (Ref: LB/20/04107) before written notification of the intended start of works has been provided to the Local Planning Authority [Town Hall, Hornton Street, London W8 7NX] with such notification providing not less than 14 days’ notice prior to the commencement of works. For the period of 14 days before works commence, access shall be enabled to the building, on request from the Local Planning Authority, to allow photographs and/or measured drawings to be undertaken.

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15 Brompton Square, London, SW3 2AD — Royal Borough of Kensington and Chelsea — F Cullen 4) Submission of details Detailed drawings to a scale of no less than 1:10 unless otherwise specified (including cross-section, elevation, glazing, materials, colour/finish) or samples of materials as appropriate, in respect of the following shall be submitted to and approved in writing by the Local Planning Authority before the relevant part of the work is begun, and the works shall not be carried out other than in accordance with the details so approved and shall thereafter be so maintained: (a) Drawings of new cornices and ceiling roses, at 1:5 or 1:1 in profile with details of materials and methods as well as ceiling plans showing locations of retained historic cornices and proposed locations of new cornice; https://www.gov.uk/planning-inspectorate 11

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15 Brompton Square, London, SW3 2AD — Royal Borough of Kensington and Chelsea — F Cullen Appeal Decisions APP/K5600/W/20/3262712, APP/K5600/Y/20/3262714 (b) Drawings of new skirting at 1:5 or 1:1 in profile with details of materials (solid timber) as well as reflective plans showing retained historic skirting and proposed locations of new skirting; (c) Drawings of profile, cross section and elevation, at 1:5 or 1:1 of internal stairs (treads/risers, string), balustrades and/or handrails where appropriate, materials and finish/colour. Retention of historic fabric to be indicated; (d) Drawings of proposed flat roofs at 1:10 or 1:5 showing construction (roof- build-up), lantern and/or rooflights and method of drainage, materials, fixings and finish; (e) Drawings of proposed new rooflight to main roof at 1:10 or 1:5 showing upstand, materials fixings and finish; (f) Drawings of joinery: door linings, doors, architraves at 1:10 or 1:5 showing, profile of mouldings, elevation and sections, materials and finish. To include retention of historic doors and their location; (g) Drawings of other built-in joinery – cupboards etc.

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15 Brompton Square, London, SW3 2AD — Royal Borough of Kensington and Chelsea — F Cullen at 1:5 showing elevation, mouldings and materials; (h) Drawings of new fireplaces at 1:5 showing profile, depth, elevation and associated parts hearth, grate etc., materials, fixings, finish and colour; (i) Drawings of all new external metalwork, including railings at 1:5 or 1:1 in profile, cross-section and elevation with details of materials, fixings, colour and finish.

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15 Brompton Square, London, SW3 2AD — Royal Borough of Kensington and Chelsea — F Cullen at 1:5 showing elevation, mouldings and materials; (h) Drawings of new fireplaces at 1:5 showing profile, depth, elevation and associated parts hearth, grate etc., materials, fixings, finish and colour; (i) Drawings of all new external metalwork, including railings at 1:5 or 1:1 in profile, cross-section and elevation with details of materials, fixings, colour and finish.

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15 Brompton Square, London, SW3 2AD — Royal Borough of Kensington and Chelsea — F Cullen Plans should also indicate metalwork to be retained; (j) Drawings for damp-proofing for a dry-membrane system, to include experts engaged for independent survey of findings (location and source of damp), schedule of works (methodology), materials, fixings and finish; (k) Drawings at 1:10 or 1:5, showing fan coil units (air conditioning) in elevation showing context (joinery in relation to walls, recess etc.) and any associated paraphernalia such as vents, plus service runs; (l) Drawings at 1:10 of floorboard fretwork for trench heating (first floor), and all trench heating grilles and materials/finish; (m) Drawings at 1:10 or 1:5, showing section, elevation and moulding/profile details for windows, plus internal framing, shutters and apron where appropriate, materials, finish and colour; (n) Drawings at 1:10 or 1:5 showing refurbishment to windows, schedule of works, i.e.

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15 Brompton Square, London, SW3 2AD — Royal Borough of Kensington and Chelsea — F Cullen localised repairs and methodology, replacement glazing etc., materials, finish and colour; (o) Drawings of infill structure at 1:10 showing elevation and section drawings for framing/glazing, any proposed moulding, ventilation, materials, colour and finish; (p) Drawings of any proposed external vents/ extract flues indicating location, size, projection from building, materials, colour and finish; (q) Drawings showing design for front steps, profile of tread/riser, materials, finish and colour. To indicate how historic railings, boot scraper to be retained and incorporated; (r) Drawings showing design for lightwell steps including profile of tread/riser, cross-sections of handrail, balustrade, materials, finish and colour; (s) Drawings showing design for all proposed steps in garden including profile tread/riser, cross-sections of handrail, balustrade, materials, finish and colour; (t) Schedule of works, methodology, experts engaged and discreet test patches for the proposed cleaning of brickwork, removal of stain, tuck pointing etc.; and (u) Drawings (elevation and section) of proposed fire prevention misting system indicating any units/heads, and associated paraphernalia and service runs.

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15 Brompton Square, London, SW3 2AD — Royal Borough of Kensington and Chelsea — F Cullen https://www.gov.uk/planning-inspectorate 12

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15 Brompton Square, London, SW3 2AD — Royal Borough of Kensington and Chelsea — F Cullen https://www.gov.uk/planning-inspectorate 12

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15 Brompton Square, London, SW3 2AD — Royal Borough of Kensington and Chelsea — F Cullen Appeal Decisions APP/K5600/W/20/3262712, APP/K5600/Y/20/3262714 5) Samples/Sample Panels Samples or sample panels of the following shall be provided on site, and approved in writing by the Local Planning Authority before the relevant parts of the approved works are commenced, and the sample panels shall be retained on site until the work is completed in accordance with the panel(s) so approved: (a) Sample panels of new brickwork showing the proposed colour, texture, brick bond and pointing. Note that lime mortar shall be used and shall be pointed back from the face / arrises of the brick and NOT weatherstruck; (b) Paint, tuck pointing removal trial; (c) Samples of materials for all steps; and (d) Samples of any proposed glazing. 6) Work to match retained / historic fabric All new works and works of making good to the retained fabric, whether internal or external, shall be finished to match the adjacent retained / historic work with regard to the methods used and to colour, material, texture, and profile, for example, lath and lime plaster, painted softwood, replication of historic drainpipe brackets, etc. 7) Brick bond The brickwork bond shall match the original bond on the building.

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15 Brompton Square, London, SW3 2AD — Royal Borough of Kensington and Chelsea — F Cullen The rebuilding of the garden wall shall match that of the historic walling. 8) Pointing, re-pointing, and jointing The mortar mix shall match the existing original construction mortar of the building with regards to the grading of the aggregate, finish, and colour. The mortar must be lime based with no cement content. The pointing profile shall match the original profile on the building and NOT weatherstruck. 9) Retention of historic fabric All existing historic fabric shall be retained, including historic hearths where uncovered, joinery, lath and plasterwork unless notated otherwise on the drawings approved under this consent. 10) Windows - Painted timber sashes to match All windows hereby granted consent shall be white painted, timber, double hung, vertical sliding sashes, single glazed with a bevelled putty finish and no trickle vents, with mouldings and dimensions to match the existing windows, and be so maintained. 11) Protection of interior The interior features of the building shall be protected against accidental loss or damage during building work, and no features may be disturbed or removed temporarily or permanently except if so identified on the drawings forming part of this consent.

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15 Brompton Square, London, SW3 2AD — Royal Borough of Kensington and Chelsea — F Cullen 12) Pipework No plumbing or pipes other than rainwater pipes shall be fixed on the external faces of the building other than those shown on the drawings forming part of this consent. Where historic pipework has been removed to carry out work, it shall be reinstated and be so maintained, or replicated (including brackets) in materials, size and finish. 13) Services/pipes All rainwater goods/guttering shall be black painted cast metal and be so maintained. 14) Partitions All new partition walls hereby granted consent shall be of lightweight construction, easily removable, and be so maintained. 15) New floor finishes Details of proposed floor build-up at 1:5 in section and elevation, showing retention of historic joists, floorboards and skirting, and how https://www.gov.uk/planning-inspectorate 13

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15 Brompton Square, London, SW3 2AD — Royal Borough of Kensington and Chelsea — F Cullen Appeal Decisions APP/K5600/W/20/3262712, APP/K5600/Y/20/3262714 it would abut historic skirting, as well as details of under floor heating or acoustic dampening. The new floor covering, which shall be a lightweight overlaid finish, shall be submitted to and approved in writing by the Local Planning Authority before that part of the work is begun, and the works shall not be carried out other than in accordance with the details so approved and shall thereafter be so maintained. 16) No external paraphernalia No new plumbing, pipes, vents, lights, CCTV, alarms or any other item shall be fixed to the external faces of the building other than those shown on the drawings forming part of this consent. 17) Recessed ceiling lights No recessed ceiling lights are approved under this consent and ceilings shall be so maintained as plain plaster, i.e. unpierced / unaltered. 18) Cementitious materials No cementitious material to be used, e.g. for damp- proofing, repair work to plasterwork (walls and ceiling), exterior render front elevation or flaunches of chimneystacks. Lime-based mortar and/or plaster to be used.

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15 Brompton Square, London, SW3 2AD — Royal Borough of Kensington and Chelsea — F Cullen It should be noted that inappropriate mortar mix or plaster can lead to future deterioration of existing render or brickwork, and the mix should match the existing in aggregate, finish and colour. 19) Fixing cables The proposed use of cleats, or other fixings, to attach electrical cabling to the historic boundary/garden wall shall be secured into the mortar joints and not the brickwork and shall thereafter be so maintained. End of Conditions: Schedule 2 https://www.gov.uk/planning-inspectorate 14

Extracted from the decision letter PDF and shown in full, chunk by chunk.

Main issues and findings

Heritage impact
Against appellant
¶12

The proposed development would introduce built form at first floor level where historically there has been none and would extend the structure two floor levels above the early closet wing.

Character and appearance
Against appellant
¶13-16

The insertion of a passenger lift would be a significant and undeniably modern intervention into the new closet wing.

Living conditions
Neutral
¶29

The proposal would have a neutral effect on the setting of the listed buildings and the contribution it makes to their significance.

Policies relied on

Reference Weight
LP 2021
Moderate
CL3
Moderate
CL4
Moderate
CL9
Moderate
CL11
Moderate

Site constraints from the Casework Database

Conservation area
Green belt
Listed building setting
AONB
SSSI
Flooding an issue

Source

Decision letter, 14 pages, issued by the Planning Inspectorate on 16 December 2021 under the Open Government Licence.