Planning Policy Consultations

Borough-wide Non-immediate Article 4 Direction - Basement Development

Please note this consultation opens on 24 April 2015 and closes on 8 June 2015.

The Council has made a borough-wide Article 4 Direction[1] on 15 April 2015 to remove permitted development[2] rights in relation to basement development.

The effect of this Article 4 Direction is that if you are the owner/occupier of a house (not a flat as flats do not benefit from any permitted development rights) within the Royal Borough you will not be able to construct a basement (see the actual Direction available as a pdf document below for the exact wording of the development being brought under planning control) using permitted development rights. Interested parties will have to apply for planning permission for such development from the date the Direction comes into force.

It is proposed that the Direction (which is non-immediate) will come into force on 28 April 2016, subject to the consideration of any representations received during the consultation period and the Direction being confirmed by the Council.

Representations may be made concerning the Article 4 Direction between 24 April 2015 and 8 June 2015. If you wish to make representations, the Council would prefer to receive your representations by email sent to planningpolicy@rbkc.gov.uk.   Alternatively, you may wish to send representations by post addressed to the Executive Director, Planning and Borough Development, Policy Team, Royal Borough of Kensington and Chelsea, Town Hall, Hornton Street, London, W8 7NX. Whether using email or post please put the following reference on your representation namely: ‘Representation for the Non-immediate Article 4 - Basement Direction’. Any representation must be received by the Council by 5pm on Monday 8 June 2015 and should include your name, postal address and an e-mail address if available.

[1] “An Article 4 Direction is a direction under Article 4 of the General Permitted Development Order which enables the Secretary of State or the local planning authority to withdraw specified permitted development rights across a defined area”( National Planning Policy Guidance, ID: 13 – 036).

[2] “Permitted development (PD) rights are a national grant of planning permission which allow certain building works and changes of use to be carried out without having to make a planning application. Permitted development rights are subject to conditions and limitations to control impact and to protect local amenity.” (National Planning Policy Guidance (PPG), ID: 13-016)

This consultation has now closed.

Consultation Documents

Consultation Summary

Consultation Summary
Name Borough-wide Non-immediate Article 4 Direction - Basement Development
Description This is a Borough-wide Article 4 Direction to remove permitted development rights in relation to basement developments.
Dates From 20 Apr 2015 at 12:00 to 8 Jun 2015 at 17:00.
Status Closed
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