Non-material amendment and Listed Building Consent secured to protect undeveloped basement
Client
Private
Project Overview
Bell Cornwell on behalf of their client has successfully negotiated a non-material amendment (Section 96A) and new Listed Building Consent for a large family property in the Royal Borough of Kensington and Chelsea (RBKC), and in doing so has enabled the purchase of the property to be completed.
The Grade II Listed property benefited from Planning Permission and Listed Building Consent (2011), which has been partially implemented leaving the permitted basement yet to be completed. Some of the internal works had not been carried out in accordance with the approved plans. This posed a risk to the current owners and potential purchasers under the requirements of Section 7 of the Planning (Listed Building and Conservation Areas) Act 1990. As a result, Bell Cornwell were approached by both parties to seek to regularise the development as built, to ensure that neither would be liable for the unauthorised works to the Listed Building.
As a result of the Planning Permission and Listed Building Consent only being partially implemented, we advised that we should seek a non-material amendment under S96A of the Town and Country Planning Act 1990 to replace the approved plans with plans showing the development as built. This pathway would also ensure that the proposed but undeveloped basement would be protected, and could still be built out in the future subject to the relevant planning conditions being discharged. Following this process would provide the quickest and easiest route to amending the Planning Permission (28 days for a decision).
We also sought a new Listed Building Consent (8weeks) for the development as built, as there is no provision for a non-material amendment to be made to a Listed Building Consent. This enabled the exchange of contracts and completion of the purchase to be progressed. Bell Cornwell worked closely with RBKC’s planning and conservation officers to ensure that this was dealt with in a timely manner. Both applications were subsequently approved by RBKC within the prescribed timescales.
If you would like to know more about the above project or are in a similar situation on a property you are trying to buy or sell, then please, get in touch.
