Landmark victory over London's basement developments as neighbours win fight to close loophole in planning rules

 
Campaign: neighbours in Quadrant Grove, Kentish Town, fighting a proposed basement extension have successfully argued against a 'loophole' (Picture: Google Street View)
Matt Watts24 October 2014

Campaigners fighting a proposed basement extension were today celebrating a victory that could deter London’s underground development boom.

Neighbours in Quadrant Grove, Kentish Town, successfully argued against a “loophole” which allows homeowners to dig for extra space without full planning permission.

Animator James Ireland applied to build a 350 sq ft bedroom with en-suite bathroom beneath his £1.2 million home. The plan had been recommended for approval by Camden council officers under the “permitted development” rule.

But last night councillors on the planning committee overturned the recommendation and refused to grant consent. The decision is the first of its kind in the capital, and sets a precedent that could now be invoked by other authorities, say campaigners.

It is expected to be seized on by planning chiefs in Kensington and Chelsea and in Westminster, which have been hit by a rash of applications.

Chris Sallon QC, a criminal barrister who chairs Quadrant Grove Residents’ Association, said: “This is significant. What councils have been doing is taking the easy route, allowing developers to skirt around planning law.

“But any council worth its salt needs to protect its residents and look at basements as major works needing full planning applications.”

The permitted development rule automatically applies to smaller-scale basement works that do not alter external appearance. It means officers do not have to consider the impact of construction on neighbours, or remedy objections to a design.

The rule has been criticised for allowing developers to bypass more stringent local regulations. But last night Camden’s planning committee accepted campaigners’ arguments that the scale of the development in Quadrant Grove constituted “engineering works”, which require full planning permission.

Barbara Thorndick, a former housing association chief, said: “Our tiny street could not cope with basement work, both structurally and in terms of noise, dust and congestion. Basements are becoming increasingly frequent problems and its important they are brought under planning control.”

Karen Buck, Labour MP for Westminster North, has led a campaign against basement blight. Approvals for excavations in Westminster rose threefold between 2010 and 2012. In Kensington, the number rocketed from 46 in 2001 to 450 last year. Mr Ireland and his legal team were not available for comment.

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