A
BILL
TO
Make provision for the presumption against the granting of planning
permission in respect of subterranean development where certain conditions
apply; and for connected purposes.
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—
(1)
If the conditions in sections 2 to 5 apply, a local planning authority may not
grant planning permission on an application to the authority under section 58
of the Town and Country Planning Act 1990 (granting of planning permission:
5general) in respect of subterranean development unless it is reasonably
necessary for the proper enjoyment of the property to which the application
applies (“the Property”).
(2)
For the purposes of this Act, “subterranean development” means development
which comprises excavation or building below ground level other than for the
10purposes of repairing, strengthening or supporting an existing building or
structure.
(1)
This section applies where on an application to HM Land Registry, a flood risk
indicator indicates that the Property falls within a river or sea floodplain.
(2)
15The result of the flood risk indicator must have been produced within 12
months before an application for planning permission.
(3)
This section will be deemed to apply where an application for a flood risk
indicator has not been made to HM Land Registry in respect of the Property
within 12 months before an application for planning permission.
Planning (Subterranean Development) BillPage 2
(1)
This section applies where the Property comprises a building which is within
a terrace.
(2)
For the purposes of this section, a “terrace” means a row of adjoining buildings
5where each building has a wall built at the line of juncture between itself and
the adjoining property which provides structural support to itself and a
building on the adjoining property.
(1)
This section applies where the local planning authority has reasonable grounds
10to believe that there is significant local opposition to subterranean
development in the area in which the Property lies.
(2)
For the purposes of this section, a local planning authority shall be deemed to
have reasonable grounds to believe that there is significant local opposition to
subterranean development if it has received a petition from a significant
15number of residents of the area for which it is responsible.
(3)
The Secretary of State may be regulations made by statutory instrument make
further provision about the circumstances in which a local planning authority
shall be deemed to have reasonable grounds to believe that there is significant
local opposition to subterranean development for the purposes of this section.
(4)
20A statutory instrument containing regulations under this section is subject to
annulment in pursuance of a resolution of either House of Parliament.
This section applies where the local planning authority has reasonable grounds
to believe that the subterranean development is likely to cause unreasonable
25interference to the use or enjoyment of the land of others.
(1) This Act extends to England only.
(2)
Sections 1 to 5 come into force on such day as the Secretary of State may by
regulations appoint.
(3) 30This section comes into force on the day on which this Act is passed.
(4) This Act may be cited as the Planning (Subterranean Development) Act 2015.