Lord McKenzie of Luton
Main Page: Lord McKenzie of Luton (Labour - Life peer)I am glad to hear that my noble friend and the noble Lord, Lord Dubs, are in agreement despite their past rivalries. On this issue, policies are being adopted. For example, Kensington and Chelsea adopted a new policy at the start of this year which is ensuring that “iceberg” developments, which go down further than one storey, can no longer happen and that basements do not exceed 50% of the garden or open plan and do not add more floors beyond implemented planning permission. Kensington and Chelsea has brought in a range of policies and other local authorities are looking at that. It is right that local authorities take forward what they see as best for their area.
My Lords, we know that currently some basements can be built under permitted development rights, which can be removed through an Article 4 direction so that a planning application would be necessary. However, in those circumstances no planning fee can be levied by the local planning authority as a consequence of the work that it has to undertake. That may not be a problem for the richer boroughs, such as Kensington and Chelsea, but it is a real issue for some London boroughs, which have had their planning and regeneration departments decimated by cuts. Is it not time to reconsider that issue of the fee?
Again, as the noble Lord has pointed out, a local authority can make an Article 4 direction. As with all things, we are looking at this area very closely. We are seeing an evolving situation and local authorities are progressing. On the issue of the fee, I note what the noble Lord has said, and I will take that back.