Basement development – the Call for Evidence and surrounding issue

24 Nov 2016

Concerns were raised by Parliament during its consideration of the Housing and Planning Act 2016, leading to the Government committing to review ‘the planning law and regulations which relate to basement development’.

On 4 November 2016, the Government issued a Call for Evidence on basement developments as the starting point for meeting its commitment.  Basement developments are mainly a London issue, but can be found elsewhere.  They have been in the media over the last few years due to the disruption they can cause neighbouring properties. 

Basement development is an area which local planning authorities in London are increasingly having to deal with, with Kensington & Chelsea having removed permitted development rights for this in April this year and establishing a Supplementary Planning Document solely relating to this.

With a view to considering how the planning process manages the impacts of such subterranean development, the Call for Evidence acknowledges that it may fall into permitted development rights but asks for experience of planning or permitted development rights, and the number/areas of basement developments.

The Call is available here and is open until 11:45pm on 16 December 2016.

Further reading

Permitted Development Rights and the revised NPPF: Article 4 directions

Blog, Legal Updates
A revised National Planning Policy Framework has just been published. Holly Stevenson focuses on the change to Article 4 Directions
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Can commercial lessees now ‘relax’ given the extended Government moratorium on forfeiture for non payment of rent?

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Property Litigation Partner, Keith Pearlman, doesn't think so and explains why they could be in for a nasty shock from 1 October of this year
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Excluding and limiting liability: How to play your cards right

John Yates considers the art of crafting clauses to reduce risk
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Update on the rules concerning the changes to Crown Preference

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As corporate insolvencies remain low, a clear picture of how the partial reintroduction of Crown Preference is likely to impact on businesses, and on lender practices, has yet to emerge. Oliver Jackson provides an update
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