IMPORTANT: High Court judgment about whether the excavation of a basement falls within the scope of Part 1 Class A of the GPDO (02/12/2016) …

The following High Court judgment about whether the excavation of a basement falls within the scope of Part 1 Class A of the GPDO was handed down on 02/12/2016:

  • Eatherley v Camden London Borough Council, and Ireland [2016] EWHC 3108 (Admin) (2 December 2016).
    [Note: The transcript for the above High Court judgment is available as a free-to-view transcript on the Bailii.org website (link)].

In my opinion, the main conclusion of the above judgment is that, for the excavation of a basement, if the engineering works constitute "a separate activity of substance", then the works are not permitted development.

Background information:

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The (lack of) advice from DCLG relating to basements:

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The LDC application subject of the above High Court judgment:

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The conclusions of the above High Court judgment:

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Comments by the Planning Jungle website:

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Notes:

  • The Planning Jungle website does not normally summarise court judgments. This is because a number of other websites already provide such a service, whereas the Planning Jungle website primarily summarises appeal decisions (particularly "LDC Appeals" relating to Part 1 of the GPDO). For such appeal decisions, where an Inspector refers to a court judgment within their decision notice, then this will normally be shown within the summary on the Planning Jungle website (because each summary normally includes quotes from the decision notice).
  • In accordance with the "Important Disclaimer" within the "Planning Jungle Limited - Membership Terms and Conditions", please note that the information within this post (like all of the information provided by Planning Jungle Limited) does not constitute legal or other professional advice, and must not be relied on as such.