Inspector shoots down appeal of council enforcement notice over unauthorised basement in Mayfair

A planning inspector has dismissed an appeal of Westminster City Council's decision to seek enforcement action against a homeowner who built a basement under a grade II listed building without permission.

The owner of the three-story 18th century house in Mayfair had previously applied for listed building consent to create a sub-basement in 2010.

However, the council refused the application and the Planning Inspectorate later agreed with the local authority that it would harm the building's special architectural and historic interest.  

In 2020, the council's Planning Enforcement Team discovered that the owners had ignored the finding and had excavated the existing basement to enlarge it and also created a large sub-basement underneath.  

Westminster said their investigations showed the owner had also carried out extensive unauthorised alterations to all other floors of the Grade II listed building, altering floor and ceiling heights, altering fireplaces, concealing and removing historic wood panelling, joinery and cornices, and installing air conditioning units to the rear of the property.  

In February 2023, the council served a listed building enforcement notice requiring the removal of the unacceptable unauthorised works, including the infilling of the sub-basement and the restoration of the floor levels of the original basement.   

The owner of the property appealed the notice. However, planning inspector Thomas Shields dismissed that appeal, again finding that the works were unacceptable.

His decision concluded that the unauthorised works “resulted in harm to the special interest (or significance) of the listed building”, but stopped short of finding the works constituted substantial harm.

The owner will now have to restore the Grade II listed building, and the Planning Inspectorate also made a partial award of costs to the council for the costs incurred.   

Cllr Geoff Barraclough, Westminster City Council Cabinet Member for Planning and Economic Development, said: "It is simply not acceptable to carry out works that have been explicitly refused listed building consent.

"The owner showed a complete disregard for both our decision and the historic significance of this property. We remain committed to safeguarding Westminster's unique architectural heritage."

Adam Carey