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Housing Solicitors

Westminster launches levy to protect residents from nuisance of basement developments (12 September 2016)

Date: 12/09/2016
Duncan Lewis, Housing Solicitors, Westminster launches levy to protect residents from nuisance of basement developments

Westminster City Council has introduced a new “subterranean squad” of basement “nuisance busters” to act as a contact point for residents suffering from noise intrusion caused by basement developments.

Launched on 1 September in Westminster, the service is the first of its kind in the country.

The council says the noise, dust and traffic impacts of basement development have had a big effect on local residents, who will now have a group of dedicated council officers to contact.

This innovative new service will be funded by a levy on those building new basements, ensuring the resources are in place to actively monitor and enforce against un-neighbourly builders.

That levy is being drawn as part of the council’s new Code of Construction Practice, which clearly sets out best practice for building sites such as basements. The code will also be rolled out over the coming months to cover larger developments in the city.

Westminster City Council Deputy Leader and Cabinet Member for the Built Environment, Councillor Robert Davis, MBE DL, said:

“We are sticking up for local residents, many of whom have found the explosion of basement development in recent years hellish.

“It is right that those who want to build basements should contribute to this new service, which will work to help mitigate the negative impacts.

“Westminster City Council supports the right kind of growth and is not against all basement development, but they must be carried out in a way that is considerate to local residents and the environment.”

Over the last five years, Westminster City Council has received on average 150 applications each year – and has seen a trend towards more “iceberg” basements, where homeowners dig down two or more storeys.

New rules include planning controls limiting basements to a single storey and no more than 50% of total garden land.

The new “subterranean squad” will take a degree of oversight and control by making sites coordinate their deliveries, for example, to reduce the cumulative impact on residents. The team will also check that developers are keeping neighbours informed, for instance, via newsletters or site meetings – and will
enforce stricter working hours so as to avoid noisy works at inconvenient times such as Saturday mornings.
The squad will also provide a point of contact for residents with complaints – with the power to enforce against overly noisy sites under statutory powers, and monitor the level and impacts of traffic to sites.

The squad will also police development sites of more than ten residential units – or more than 1000m2 of commercial floor space.

As a final resort, Westminster City Council could use its powers relating to the duty to keep traffic flowing on the highway, for example, by limiting the number of licences on a street at any one time.

A residential basement scheme will cost around £8,000 on average – the new charges will cover the cost of delivery of the service based on hourly rates.

The largest developments will be charged around £30,000.

The new powers will only apply to basements which gained planning permission from August 2016 onward – and other major development schemes from September.

Duncan Lewis Housing Solicitors

Duncan Lewis housing solicitors can advise on a wide range of housing law, including advising developers and self builders on planning permissions and planning appeals.

There are Duncan Lewis offices across England and Wales and our housing team is also able to advise on:

• Debt management for homeowners
• Disrepair of rented property
• Housing Benefit
• Housing possession
• Landlords’ obligations
• Landlord and tenant disputes
• Lease extensions
• Local Authority housing
• Mortgage repossession
•Notice to quit
• Nuisance neighbours
• Right to Buy
• Right to Rent checks
• Tenancy agreements
• Unlawful eviction.

For expert legal advice on housing law, call Duncan Lewis housing solicitors on 0333 772 0409.


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