NEIGHBOURS of a man who is digging tonnes of earth out of his back garden are calling for a change in planning rules after he has been allowed to go ahead without telling them.

People living in Epping New Road, Buckhurst Hill, said they knew nothing of Rayyaz Akhtar’s plans to construct a games room and gym under his back garden until diggers started taking away piles of earth.

Because the work is underground and is classed as lawful development by the district council, Mr Akhtar did not have to consult his neighbours as he would have done if he needed planning permission, although he did submit plans to the council.

Maureen Taylor, 57, said: “When I first looked over, it was like looking into the Grand Canyon.

“I have visitors and they say ‘what on earth’s that?’.

“An extension on its own would be fairly tough-going. This doesn’t need planning permission and it’s ten times worse.”

She has spoken to the district council, but was told there was nothing they could do, and has also written to MP Eleanor Laing about changing planning laws.

“I think we need to tighten the law up, because you worry that if you don’t need planning, this is what happens,” she added.

Her neighbour, Karen Amoroso, 51, said: “It’s not a small extension, it’s just a massive hole in the ground.

“What worries me is that they will have to make the area water-tight. What happens to the water that would normally be absorbed into the ground?

“Even when people have a minor extension, you’re given a letter so you can view the plans and make any comment, but I live five doors away and I haven’t had anything.”

Mr Akhtar’s agent, Denis Tyson, said in the plans accepted by the council that the extension would not need a planning application under the Town and Country Planning Order 2008 because the rooms to be added were for recreation.

He added that the area covered by the extension, its position behind the house and the fact that it will be single-storey also meant it did not need planning permission.

A district council spokeswoman said that because the applicant had proved that the plans fitted in with the Town and Country Planning Order, it was legally obliged to give him a certificate of lawful development.

She added: “Development which is 'permitted development' is that which benefits from a deemed planning permission given by Parliament.

“Provided the development subsequently carried out is not materially different to the development described in the application it is lawful.

“The District Council cannot take planning enforcement action against a lawful development even in cases where the development concerned causes harm.”

She said the council was investigating whether the underground gym being built was the same as the one shown on the plans.

Epping Forest MP Eleanor Laing said: "I have written to the residents who have raised this with me.

"I share their concern. I understand why they are so worried.

"I am in touch with Epping Forest District Council about the issue and they are looking into it.

"For some time I have been concerned about permitted development, so I am very pleased that Eric Pickles MP, the Secretary of State for Communities and Local Government, is conducting a wide-ranging review of the planning system.”

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