Subterranean Development Bill [HL]

Lord Jenkin of Roding Excerpts

Friday 10th February 2012 Lords Chamber

[Lord Jenkin of Roding]

My Lords, I congratulate my noble friend on bringing forward this Bill. Some of us attempted to persuade the Government during the passage of the Localism Bill, which my noble friend Lady Hanham was in charge of in this House, to add something that would deal with the very real problem faced by many residents in parts of London. My noble friend Lord Selsdon has given the historical background. I am very concerned by the growing volume of major protest that has arisen because of some of the basement developments across areas of Westminster, Kensington and sometimes Hammersmith and Camden. They are not just by people looking for living accommodation.

Many of these major developments are for swimming pools and gyms. I have been told that a wealthy house owner can spend £750,000 excavating and putting a swimming pool into the basement. That sounds all right except for the horrendous impact on neighbours. Those of us who have seen some of the correspondence and read the reports of some of the associations that have pursued this matter cannot understand how this has been allowed to go on. There are problems with the extent of planning control. My noble friend Lady Hanham explained some of that during the passage of the Localism Bill, but this has to be dealt with.

I will make only one other point, as I sense that the House wishes to reach the next bit of business on the Order Paper. I took a deputation to see my noble friend, with people who have really endured the appalling conditions presented by some of these uncontrolled developments in next-door basements. When my noble friend heard the accounts, she turned to her officials—I hope I am not disclosing anything that I should not—and said, “This problem must be dealt with. It must be solved”. I take great comfort from that statement that she will smile on this Bill.

My noble friend Lord Selsdon has introduced many—indeed most—of the protections that the residents in these areas are looking for. That is not to ban all basement development but to subject it to a code of practice and certain rules that aim to minimise the disruption for neighbours. I was intrigued by the historical account that my noble friend Lord Selsdon gave to the House, but the problem is happening today in parts of London and one or two other cities in the country. It has to be dealt with; this Bill attempts to deal with it, and it has my wholehearted support.