---

Localism Bill

168: After Clause 124, insert the following new Clause— ““Planning permission for subterranean development After section 75 of the Town and Country Planning Act 1990, insert— ““75A Planning permission for subterranean development (1) Any proposed development which extends below the ground level of an existing property shall be deemed to be ““a subterranean development”” and any person seeking to undertake a subterranean development must— (a) commission a ““Subterranean Impact Study”” by consultants approved by the Department for Environment, Food and Rural Affairs on the impact of the proposed subterranean development upon— (i) subterranean ground conditions with particular reference to flowing and standing water; and (ii) foundations, footings and structure of any adjacent buildings and other buildings within a radius of 100 metres of the proposed development; (b) provide owners of any adjacent properties and of properties within a radius of 100 metres with a copy of the Subterranean Impact Study and enter into consultation with the respective owners during a period of not less than 90 days; (c) submit a copy of the Subterranean Impact Study to the relevant planning authority, together with the results of the consultation with relevant adjacent and nearby property owners, before submitting any application for full planning approval for the proposed subterranean development from the relevant planning authority; (d) seek the approval of the Secretary of State for the proposed subterranean development; (e) provide an appropriate warranty or bond and security for expenses to a value to be determined by a specialist advisor.””””