Proceeding contribution from Lord Berkeley (Labour) in the House of Lords on Monday, 17 October 2011. It occurred during Debate on bill on Localism Bill.
Localism Bill
I am grateful to the noble Earl. This amendment is in my name as well as that of the noble Baroness, Lady Gardner of Parkes. Let us hope that she comes back to your Lordships’ Chamber before we get to the end of this. I feel that these amendments are very important. I have had several close experiences of party wall failures. I am going to talk not about fracking—that comes in a later amendment—but about people extending their basements in rows of terraced houses and things like that. I have had one experience which persuaded me of the need for changes to the legislation. The amendments put down by the noble Baroness will achieve this. My experience was to do with a garden wall in London. The people next door wished to build a house against the garden wall and to go down to build a basement. They had to go about five feet down and said that they had to take five feet of the garden in order to achieve this, which, of course, is allowed under party wall legislation. They put up a temporary fence, knocked everything down and dug the hole. Then they went bust and the hole stayed there for two years. By that time I had sold the house to somebody who, luckily, was a professional architect and knew what he was talking about. In the end, he took the neighbours to court but had to get two separate court orders; one before they would construct the basement up to ground level and reinstate the garden and another before they completed the wall up to the requisite height. Five years later the wall is still not finished—if you push the top of it, it moves, which is interesting. Having had to go to court twice and suffered two burglaries as a result, I think it demonstrates that something needs to be done. I certainly support these amendments which the noble Baroness, Lady Gardner of Parkes, has put forward and co-ordinated. I am sure that she will wish to speak after me, but in the mean time I beg to move.
Secondary information
- Type
- Proceeding contribution
- Reference
- 731 c59
- Session
- 2010-12
- Chamber / Committee
- House of Lords chamber
- Subjects
- Compensation Appeals Compulsory purchase Advertising Construction Equality Housing Finance Land Infrastructure Green belt Local government Planning permission Nuisance Planning Natural gas Public consultation Public expenditure Referendums Railways Property development Parish and town councils Local plans Sustainable development Travellers Regional spatial strategies Affordable housing Infrastructure Planning Commission Community infrastructure levy Village greens
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- View this Proceeding contribution on www.publications.parliament.uk
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