Overview

This bill creates a presumption against granting planning permission for subterranean developments (building underground) in England unless specific conditions are met. It aims to protect residents from potential problems associated with such projects.

Description

The bill introduces a presumption against granting planning permission for subterranean developments unless it's deemed reasonably necessary for the property's enjoyment. This presumption applies under several circumstances:

• Flood plains: If the property is in a floodplain (according to HM Land Registry data within the last 12 months) or if no flood risk assessment was done within 12 months before applying for planning permission.
• Terrace housing: If the property is part of a terrace (where adjoining buildings share structural support).
• Significant local opposition: If the local planning authority receives sufficient evidence of significant local opposition (e.g., a petition from a substantial number of residents).
• Unreasonable disruption to neighbours: If the development is likely to unreasonably disrupt neighbours’ enjoyment of their property.

The Secretary of State can issue regulations to further clarify the conditions for significant local opposition. The bill applies only to England.

Government Spending

The bill doesn't directly specify government spending. The main financial impact would be indirect, potentially reducing costs associated with resolving disputes or dealing with problems arising from poorly planned subterranean developments.

Groups Affected

This bill will primarily affect:

• Homeowners and developers: Those seeking planning permission for subterranean developments will face stricter rules and may find it harder to obtain approval.
• Local planning authorities: They will have a greater responsibility for assessing applications and considering the potential impact on neighbouring properties and the environment.
• Residents living near potential development sites: They will benefit from greater protection against the negative effects of subterranean developments.

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