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Submit plansI am looking to create an underground cellar in my garden. The garden is about 300m2 and there are no buildings on their except for my home. The garden is not historical land or in a protected area. I was thinking of placing it 3m away from my house, and 2.5m away from our neighbours’ border. Does this fall under permitted development?
Hi Tahir,
The question of whether planning permission is required for basements and cellars is a tricky one. The Town and Country Planning Act 1990 says that permission is required for “engineering […] operations in, on, over or under land.” However, homeowners also have permitted development rights (PD), meaning that they do not need planning for specific types of builds. Class E of these rights allows the construction of outbuildings, such as sheds or summer houses, subject to some limitations.
The question is whether building a structure in your garden with a cellar beneath it would fall within your Class E rights. I don’t see why not, in principle, but it is possible that your council would argue that the cellar element is a substantial engineering operation that requires its own separate consent.
The safest way to proceed is to have the plans drawn up and apply to the council for a lawful development certificate, a form of application that seeks confirmation that what you are proposing falls within PD. I think it would be risky to proceed with your development without first obtaining formal confirmation from the council that they accept it does not require planning permission.
Hope this helps!
Martin Gaine, Build It’s planning expert