Work that began on a site on 37-39 Abingdon Road, W8, before an agreed plan to manage construction traffic had been approved, has been ordered to stop by Royal Borough planners.

Planning permission was granted in 2013 to demolish the existing buildings and the construction of two four-storey properties and a two-storey basement on the site. However the planning permission was granted subject to a planning condition that a Construction Traffic Management Plan be submitted and approved prior to the work beginning. The purpose of this condition was to ensure construction traffic did not unreasonably impact upon the local area.

Following reports to the Council, planning enforcement department officers visited the site and were astonished to witness that the original property had been demolished and diggers were operating on the building site.

Consequently, the officers issued both a Breach of Condition Notice and Temporary Stop Notice on the developers, Nu Build London Ltd, and the owners, Atraxia Developments Ltd on Monday 9 March 2015.

The effect of these notices means any further development on site will be a criminal offence until a Construction Traffic Management Plan has been approved. Any conviction 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: “Construction traffic from development is one of the biggest issues affecting residents in the borough. This is exactly why these planning conditions are imposed on both large- scale developments and basement developments. It is extraordinary that the developers, in this instance, either ignored the requirement of the planning condition or were negligent in ensuring that the planning condition had been complied with before works commenced.

“This is why our planning enforcement team have not hesitated to issue this Temporary Stop Notice.”

Temporary Stop Notices are used sparingly by most local authorities. However the Royal Borough of Kensington and Chelsea has served 12 over the past year – specifically in relation to construction traffic breaching planning conditions.

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