Following the permitted development rights that came into force on 1 August (see our piece – Seeing the Light and Building Up) the Government has announced further rights to come into force on 31 August 2020.
There is some variation but broadly the permitted development rights don’t apply to any of the following: Conservation Areas, Areas of Outstanding Natural Beauty, National Parks/Broads, World Heritage Sites, Sites of Special Scientific Interest, Listed Buildings/Scheduled Monuments and land within their curtilage, Safety Hazard Areas, Military Explosives Area, within 3km of the perimeter of an aerodrome.
Demolish and Rebuild
This right (Class Za) applies to the demolition and rebuilding for residential purposes of vacant free standing offices, research and development, light industrial and residential blocks. The principal requirements (although not exhaustive) are:
- The building must have been built before 1 January 1990 and have been vacant six months prior to the necessary prior approval application.
- The new building can be a maximum of 7m higher than the demolished one with up to two additional storeys to a maximum overall height of 18m.
- The maximum floorspace, which must be within the footprint of the demolished building, is 1000m2.
- Prior approval matters for consideration are:
-
- Transport and highways impacts
- Contamination and flood risks
- Impact of noise from any commercial premises on future residents
- Design and external appearance
- Adequacy of natural light in all habitable rooms of each new dwelling
- Impact of the introduction of residential use into an area
- Impact of the development on the amenity of the new building and of neighbouring premises
- Impact on heritage and archaeology
- Method of demolition
- Landscaping
Extending Upwards – Houses
This right (Class AA) allows for detached, semi-detached and terraced houses to be extended upwards by adding up to two storeys to existing two storey houses and one to existing one storey properties.
The principal requirements (although not exhaustive) are:
- A maximum height of 18m and not more than 3.5 m above the next tallest house if in a terrace.
- No windows in a wall or roof slope of a side elevation.
- Prior approval matters for consideration are:
-
- Impact on the amenity of neighbouring premises
- Design, including the architectural features of the principal elevation of the house, and of any side elevation which fronts a highway
- Impacts a taller building may have on air traffic and defence assets (and on protected vistas in London)
Local planning authorities can request further information to help them determine an application. If approved, the development must be completed within three years of prior approval being granted and a construction management report must be submitted.
Extending Upwards – Flats Above Commercial, Mixed Use and Residential Buildings
Four new Classes are introduced, permitting upward extension of a range of commercial, mixed use and residential buildings:
- Class AA permits construction of up to two new storeys of flats on top of detached buildings in commercial or mixed use, including where there is an element of residential use
- Class AB permits the construction of new flats on top of terraced buildings (including semi-detached buildings) in commercial or mixed (including residential) use
- Class AC permits the construction of new flats on top of terrace dwellinghouses (including semi-detached houses)
- Class AD permits the construction of new flats on top of detached dwellinghouses
Under these classes, two storeys may be added if the existing building is two or more storeys tall, or one additional storey where the building consists of one storey. “Storey” is defined “so as to exclude any storey below ground level, and any living space within the roof of the dwellinghous.”
These rights do not apply to buildings constructed before 1 July 1948 or after 5 March 2018.
There are a number of limitations and conditions including that development is not permitted if the floor to ceiling height of any additional storey, measured internally, would exceed the lower of 3 metres or the floor to ceiling height, measured internally of any storey of the principal part of the existing property.
Prior approval is required and the following matters are to be considered:
- Transport and highways impacts
- Air traffic and defence asset impacts
- Contamination risks
- Flood risks
- External appearance, including the design and architectural features of the principal elevation and any side elevation that fronts a highway
- Provision of adequate natural light in all habitable rooms of the new dwellinghouses
- Impact on the amenity of neighbouring premises
- Whether, because of the siting of the building, the development will impact on protected views.
In launching the Building Better Building Beautiful Commission’s report in January 2020, the Secretary of State for Communities and Local Government said ‘…there is plenty of evidence, that far from holding us back, championing quality helps us to go further and go faster.’ The scope and configuration of permitted development rights has an important role to play in supporting this aim. The Commission has recommended that a mechanism be developed whereby meaningful local standards on design and placemaking efficiently apply to permitted development. This to some degree informs the changes announced but it does raise questions over the extent to which the new rights, when taken together with the range and variation in requirements for other permitted development, simplify the system and provide significant benefits over and above the established planning application route.
Having said this, the determination period is shorter. Also, the principle of the various development types must be taken as established by the permitted development rights. In the case of upward extensions, for example, design and appearance is a prior approval matter but, unless case law subsequently finds otherwise, it must be assumed that the principle of an increase in scale is inherently accepted by the new rights, much like an outline permission where scale is approved but appearance is reserved. The extent to which the increases in scale allowed by the new permitted development rights can be accommodated in a structural sense could, however, be a major factor in determining take up.
Looking at the bigger picture the changes do, to some degree, appear to reflect the Government’s proposed move towards a more ‘by rights’ rather than ‘discretionary’ type planning system – look out for our thoughts on the August 2020 White Paper: Planning for the Future.
If you would like further information on permitted development rights, please feel free to contact our Planning and Regeneration Team.
- Written by Mel Clinton and Aggie Morris.