Overview

This bill creates a presumption against granting planning permission for subterranean development (building underground) in England unless it's essential for the property's use. This presumption applies under specific circumstances, including flood risk areas, terraced housing, significant local opposition, or potential unreasonable disruption to neighbours.

Description

The bill introduces a presumption against approving subterranean development applications unless deemed "reasonably necessary" for the property's use. This presumption is triggered if any of the following conditions apply:

• Flood Plains: The property is in a flood risk area (as indicated by HM Land Registry within the last 12 months, or if no flood risk assessment was done).
• Terrace Housing: The property is part of a terrace, where adjoining buildings share structural walls.
• Significant Local Opposition: The local planning authority receives significant resident opposition (details to be defined by the Secretary of State).
• Unreasonable Disruption to Neighbours: The development is likely to unreasonably disrupt neighbours.

The definition of "subterranean development" excludes repairs or strengthening of existing structures.

Government Spending

The bill doesn't directly specify government spending. The primary impact would be on local planning authorities' time and resources in processing applications and managing potential disputes. No figures are provided in the bill itself.

Groups Affected

• Homeowners and Developers: Those seeking planning permission for subterranean developments will face stricter scrutiny and potential refusal, particularly in sensitive areas.
• Local Planning Authorities: Increased workload in assessing applications and managing objections.
• Neighbours: Their interests are better protected against disruptive subterranean developments.
• Residents: Their voice in planning decisions is strengthened through the consideration of local opposition.

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