Planning Laws: Basements

Lord Dubs Excerpts

Thursday 12th March 2015 Lords Chamber

Asked by

[Lord Dubs]

To ask Her Majesty’s Government whether they have any plans to change the planning laws regarding the excavation of basements in residential properties; and, if so, what those plans are.

[The Parliamentary Under-Secretary of State, Department for Communities and Local Government (Lord Ahmad of Wimbledon) (Con)]

My Lords, this Government consider that powers already available to local authorities are sufficient to control the planning and construction processes of basement development. Local authorities in areas affected by basement development can adopt appropriate local plan policies, and many in London have. Some authorities provide guidance on basement development to help householders and, indeed, neighbours understand the process and consents involved.

[Lord Dubs (Lab)]

My Lords, I disagree with the Minister. Does he not agree that there is an epidemic of these basement excavations, extending from Kensington and Westminster to other boroughs? People are highly alarmed at the prospect of such excavations—on flood plains—such that they may damage neighbours’ houses, particularly when they are narrow terraced houses, and neighbours are appalled at the thought that they are going to have a year’s disruption, chaos and unpleasantness while the building work is going on, such that if it were caused by anybody else it would attract an ASBO. Surely the Government ought at least to give local authorities the power to say no in such places—not to say never, but to say no where it would be better for the interests of the local community to say no.

[Lord Ahmad of Wimbledon]

Of course I sympathise that many developments take place which are not just inconvenient but a nuisance to neighbours. The Government have sought to work with local authorities, such as my local authority, Merton. I believe that about 16 local authorities across London have issued supplementary planning guidance or have adapted local policies to look at this issue. There are other things, such as the Environmental Protection Act, the Building Regulations 2010 and the Party Wall etc. Act, which combined we feel provide a basis on which to look at these issues both constructively—excuse the pun—and progressively.

--- Later in debate ---

[Lord Tugendhat]

My Lords, the noble Lord, Lord Dubs, was my opponent when I fought the seat of Cities of London and Westminster—

[Lord Dubs]

I lost.

[Lord Tugendhat]

But on this occasion I very much agree with him. Those of us who live in central London know that this basement business has become an absolute epidemic. It is inspiring a great deal of fear and concern in people. Whatever the Minister may say, the fact of the matter seems to be that individuals can embark on these processes, causing great distress to their neighbours, without any come-back from the local authority or anyone else. If I may say so to the Minister, I think that to those of us who live in the middle of London his reply sounds a little Panglossian.