Basement Development and the Planning System

Basement Development and the Planning System

The Law Society's Planning and Environmental Law Committee recently responded to a Department for Communities and Local Government (DCLG) call for evidence on basement extensions and the planning system.

The call, issued in November 2016, sought 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.

The Society's response focused on the use of Article 4 directions in those areas where basement extensions are concentrated, and the lack of clarity around the use of permitted development rights – not least in light of the recent Eatherley v London Borough of Camden case.

The full response can be read here.