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For the avoidance of any doubt may I confirm with you that you are proposing to extend your basement rather than just convert existing basement? I am virtually certain this is the case but for the avoidance of any doubt at all..?
yes this is correct
Thanks. Unfortunately you will as you are certain to already know require listed building consent for the work in addition to planning permission and if this is refused you cannot proceed. If you do proceed, altering a listed building without consent can 1) amount to a criminal offence and 2) you can be required to restore the property to its pre altered state. There is no limit to enforcement action under listed building consent and you will likely have difficulty if not before (if discovered) on selling your property. However...
If you believe the councils policy is unlawful or incorrect you can consider an appeal to the planning inspectorate. They can overturn the councils decision
Every council is required to create a local plan which it is required to follow. There are differences between local plans from council to council which are permissible providing it follows overall government framework which is loose.
If you know that the councils local plan prohibits this kind of work you would need to consdier specialist advice from a local planning consultant before submitting your appeal to guarantee the best chance of success. If the local plan is lawful then an appeal cannot succeed and instead it would be a case of lobbying for a change of the local plan in this respect which if obviously a time consuming undertaking.
so as far as you are concerned this would not be a breech of my human rights? i own the house, i will have agreed to all of the regulations laid down by the local authority and simply due to their own desire to limit the number of headaches within the borough it would in your opinion deem lawful to refuse?
Refusal to grant consent has not been held to breach human rights I regret though you would not be the first to suggest that it does. Planning legislation is approved by Parliament and local authorities are required to operate within the national framework which you can view here though as you will see if you look at it contains broad principles rather than specific policy:https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/6077/2116950.pdf
It can be overwhelmingly frustrating navigating ones way through the planning process particularly when a council is not supportive.
Where this is the case typically your best chance of success is retaining the services of a local planner who knows the councils polices intimately and depending on his advice consider altering your plans and or appealing a councils decision to the Inspectorate to take the decision away from the council
If you are proposing something that is lawfully prohibited by the local plan however it is difficult to see how such an application could succeed. Listed building status adds yet another hoop to jump though.
Advice from a local planner would be your most valuable port of call who can give you specialist local advice on whether or not your application is one that could be fought for or whether such an approach simply cannot succeed with the current local plan.
An alternative could be to carry out the work illegally in the hope that you will not be discovered and either that you will put back the works before you sell or that local policy will change and you can apply for retrospective consent but this would be very dangerous in view of the above consequences of breaching listed building consent.
I could not recommend this approach
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