If a condition requiring a Construction Traffic Management Plan (CTMP) was applied to planning consent, this condition will need to be formally discharged before any significant works can take place on the site. See here.
As construction-traffic can cause significant damage to the quality of life of residents and businesses in a densely populated area like Chelsea, the Society welcomes the requirement that developers submit detailed plans explaining how they propose to minimise this impact. It is no less important that compliance with the CTMP is monitored and enforced by RBKC.
BASEMENT CONTRACTOR PROSECUTED
A contractor that continued working on a basement development after a Temporary Stop Notice was
issued by the Royal Borough of Kensington and Chelsea was fined £2,000 and ordered to pay the
Council’s costs of £2,180 after pleading guilty at Hammersmith Magistrates’ Court (Tuesday 24
November 2015).
The court heard that the Council issued the Temporary Stop Notice to London Projects Ltd (LPL) after
the company failed to adhere to a Construction Traffic Management Plan (CTMP) that was agreed when
planning permission was granted for a basement extension at 62 Bedford Gardens, W8.
The CTMP is designed to prevent construction traffic having an unreasonable impact on local
residents.
Some of the requirements of the CTMP were that
• only one vehicle served the site at a time
• drivers call the site manager in advance to ensure the site is ready to accommodate the vehicle
• drivers follow a prescribed route to and from the site
• vehicles are parked immediately outside the site
• materials delivered are immediately brought onto the site.
After obtaining evidence that the CTMP was being breached a Temporary Stop Notice was served on the
site on the Tuesday10 February 2015. This meant if any breaches of the CTMP were witnessed over the
following 28 days the parties served with the notice would be criminally liable.
The court heard how the Royal Borough’s Planning Enforcement Team collected evidence of breaches
occurring despite warning LPL of the consequences of failing to comply.
On the Thursday 26 February 2015 officers witnessed a construction vehicle enter the street from the
wrong direction, two construction vehicles deliver materials to the site at the same time whilst a
third vehicle caused disruption by circling the neighbourhood and parking outside other properties.
On the Thursday 5 March 2015 a construction vehicle failed to park immediately outside the site and
materials were left on the highway.
LPL pleaded guilty to the two offences. In mitigation the court heard that LPL had subcontracted the
basement works and that it had warned the subcontractors on many occasions both verbally and in
writing. Furthermore LPL asserted that it had not financially benefitted and, indeed, had lost
£12,000 in legal fees in trying to secure compliance through their subcontractors.
In sentencing, the magistrates gave full credit for LPL’s previous good character and for pleading
guilty early and agreeing in advance to pay the Council’s entire legal fees. LPL was fined £1,000
for each offence and a victim surcharge of £100. Furthermore LPL had to pay the Council’s costs of
£2,180.
Councillor Timothy Coleridge, the Royal Borough of Kensington and Chelsea’s Cabinet Member for
Planning Policy, said: “The Royal Borough is one of the most densely populated areas in the country
and construction traffic deriving from basement development can have a huge impact on our residents.
I suspect that this company will be more careful in subcontracting work in the future and I would
urge all developers to comply rigidly with their traffic management plans or prepare to meet our
planning enforcement team in court.”
