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Landmark council decision on basement development could protect more residents from nuisance and construction noise (27 October 2014)

Date: 27/10/2014
Duncan Lewis, Legal News Solicitors, Landmark council decision on basement development could protect more residents from nuisance and construction noise

Residents in a road in Kentish Town, northwest London, have won a legal battle to prevent a neighbour tunnelling under his existing property to create a basement bedroom.

The Evening Standard reports that a group of neighbours living in Quadrant Grove, Kentish Town, successfully argued against plans for a local resident to build the 350 sq ft under his £1.2 million house.

Camden Council had commended the plan for approval – but on Thursday (23/10/14) evening councillors overturned the recommendation and refused to grant planning consent.

The landmark decision could help other residents in London campaigning against the growing trend for digging under the foundations of existing houses to create extra bedrooms, swimming pools or recreational space, adding thousands of pounds to the value of a property, but often creating chaos and nuisance to other residents.

Digging beneath the foundations of a property can also result in structural damage not only to the property being tunnelled under – but also neighbouring properties. Such projects usually take months or years to complete.

Criminal defence barrister Chris Sallon QC – who is chair of the Quadrant Grove Residents’ Association – said that the landmark decision by councillors not to grant planning consent for the basement development was “significant”.

“What councils have been doing is taking the easy route – allowing developers to skirt round planning law.

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

Small-scale basement developments fall under the permitted development rule as they do not affect the external appearance of a property and council planning officers do not have to take into consideration the impact of construction projects on residents – or remedy any formal objections to a design.

The rule has enabled some developers to “by-pass” some tougher local planning regulations, however.

The residents of Quadrant Grove argued that the scale of the development being proposed constituted “engineering works” which require full planning permission.

Local resident Barbara Thorndick – who is a former housing association chief – said that the tiny street could not have coped with basement works “both structurally and in terms of noise, dust and congestion”.

Ms Thorndick added:

“Basements are becomingly increasingly frequent problems and it’s important they are brought under planning consent.”

The Evening Standard reports that owner of the house at the centre of the case was not available to comment on the council’s decision to refuse planning consent.

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