Government Digging for Basement Evidence

Basement development has been a hot topic in London over recent years, particularly for inner London authorities where land cost and constraints on sideways and upwards development has meant that the option of ‘digging down’ is becoming increasingly popular.

Individual London authorities have adopted various approaches to managing the potential impacts of subterranean development on neighbouring properties and local amenity, which has led to much inconsistency between Councils.

The issue is now being looked at nationally and the Government today (4 November 2016) issued a ‘Call for Evidence’ on the impacts of basement development. Specifically, the consultation is seeking evidence on the number of basement developments being taken forward; how these developments are currently dealt with through the planning system; and whether any adverse impacts of such developments could be further mitigated through the planning process. Responses are welcome until 16 December 2016.

The principle of allowing smaller basement developments under permitted development (PD) rights is also set to be tested in a High Court case this month. At present, PD rights allow specific types of development to proceed without having to make a planning application. Some smaller, single-storey basement developments can fall within the specific limitations of PD rights and as such, an application for planning permission is not required. However, a High Court case has been brought by a Kentish Town resident who is challenging Camden Council’s decision to allow a neighbour to build a basement extension under PD rights. The outcome of this case is likely to set an important precedent for smaller basement developments in the future.

If you have any queries about basement developments or the government’s Call for Evidence, please feel free to contact one of the Firstplan team.