Everyone will know somebody who is undertaking works to their property, be it extending their homes, building extra units in large gardens or creating swimming pools and basements. The increase in the level of building activity is evident for all to see and fully confirmed by the difficulty of finding reliable and available local builders.

The government has been keen to promote development at the local level and the changes to the planning system provide plenty of scope to undertake it on one's own property to benefit from these changes. More seasoned builders and developers will be able to identify larger scale opportunities.

In the last few years, automatic changes have effectively been enabled, for example from use of office buildings to significant residential conversions. These specific changes were introduced to be effective for a period of three years, such that an assessment could then be made of the likely impact (both positive and negative) in order to decide whether to make those changes permanent.

The latest announcements following the Chancellor's budget statement will provide hope for those in local authority areas where the prospect of home improvements continues to be curtailed. Many will have seen the story of the candystriped house in Kensington and Chelsea.

It is said that Zipporah Lisle-Mainwaring painted her house thusly because she was refused planning consent for an extensive basement development beneath her property, when many others before her were granted permission for similar proposals.

'Megabasements', as they have been dubbed, have been particularly popular in highvalue central London locations such as Kensington and Chelsea, however the local residents who feel that their own enjoyment of their properties have been severely disturbed by such developments have successfully lobbied their local authority for a more restrictive regime in place.

Mrs Lisle-Mainwaring was unlucky in that she did not make her applications early enough to secure consent for her proposals. She is one of many who have missed the boat for a megabasement in Kensington.

The latest changes proposed by the government suggest that property owners in London will be able to extend upwards. The chancellor has said that he wants residents in London to be able to build extra storeys on their properties without planning approval from their local council. At the same time, the proposals also say that in the event of objections the normal planning application process will need to be followed. These appear to be contradictory statements. The devil really will be in the detail.

Many local authorities such as Kensington and Chelsea will already be working up their proposals for containing any relaxation of the planning regime (to cater for the competing requirements of a more restrictive approach by those who may object to these proposals). It is usually the case, however, that councils have to provide twelve months' notice in order that they don't have to compensate those affected by a more restrictive planning regime within the local area.

As with basement proposals, those who are quick of the mark are likely to be those who will benefit the most out of the impending legislation, and others such as Mrs Lisle-Mainwaring are likely to lose out. Anyone intending to take the benefit of the proposed relaxations would do well to take early advice.

This article originally appeared in Spear's on 03 August 2015

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