Potential Constraints

When considering a basement, it is important to bear in mind that there are many potential constraints that can either remove your permitted development rights or make it difficult to secure planning approval.

There are various planning and design criteria which must be met in order to potentially be considered permitted development. If your basement fails to meet even one of the criteria for permitted development no matter how close or small the margin then planning permission would be required.

In addition to this, there are many hidden constraints such as article 4 direction, section 106, conservation areas and even just living under a flight path can remove your permitted development rights meaning everything needs full planning approval. This can literally mean there could be two houses in the same town doing the exact same development and one could be built under permitted development while the other needs full planning permission.

Sometimes specialist reports are also required depending where the property is located, for example if you live in a conservation area it is likely that you will need a heritage statement. If there is the potential that wildlife may be affected you might need a wildlife survey. Unfortunately, there are far too many reports to list them all and they can be quite complex and costly so it is recommended that you seek professional advice before commencing any works or moving forward with a planning application.

If the building is listed you will also need listed building consent and building regulations approval before work can commence. Carrying out any works on a listed building without the necessary approvals is a criminal offence with fines of up to £20,000 and/or imprisonment.

If there are any constraints that limit or remove permitted development rights or even one of these criteria is not met, then you are required to submit an application for planning permission. As with any law, with planning permission ignorance is not an excuse so it is strongly recommended you obtain professional advice before moving forward with your project.

Studio Charrette’s expert planning consultants can give you the answers you need to ensure that your project is compliant, protecting you from enforcement or saving you from wasting time and money on a project that may not be feasible.

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