The Government has delivered the first phase of its promise to amend and extend permitted development rights, through changes that came into force on 1 August 2020.
Commercial to Residential Changes of Use
A clutch of the announced changes require local planning authorities to consider the provision of adequate natural light to all habitable rooms through the prior approval process, when assessing permitted development proposals for a change to residential use from retail, take-away, specified sui generis, office, light industrial and agricultural uses.
This has been triggered by a number of evaluation reports concluding that permitted development rights were resulting in poor quality housing, including a now infamous case involving a change of use from light industrial to residential use that included some flats with no windows. So far the Class O office to residential permitted development has seen the most take up and whilst achieving adequate natural light tends to be less difficult in converting office buildings compared to industrial and other commercial buildings, building depth and other issues can present challenges. It is likely that many of the more suitable buildings have already been converted or are in the process of changing. For such schemes in the future, Prior Approval Notifications will have to provide floor plans indicating dimensions and use of each room, drawings showing the position and dimensions of windows and external elevation drawings. If the local planning authority considers that not all habitable rooms will receive adequate natural light then the changes being brought in require them to refuse prior approval.
The overall complexity of permitted development rights, criteria and conditions does bring into question the extent to which the planning system is streamlined by the accretion of a variety of changes over the past 10 years or so. In some circumstances, applicants making proposals under Class O, and the other permitted development classes subject to the new requirement on natural light, may find that a daylighting study is worthwhile in order to remove risk and uncertainty. It should also be borne in mind that there are a number of other requirements and caveats in respect of office to residential change of use under permitted development and that the right applies only to buildings that were in use as offices on 29 May 2013 or, if in use before that date but not on it, when it was last in use.
Extending Blocks of Flats Upward
The other principle change in the announcement is the introduction of a new right to build up to two additional storeys above existing blocks of flats. The requirements and conditions are extensive. Some of the key requirements are set out below but this is by no means exhaustive, so please feel to contact one of our planning team if you would like further advice:
- Buildings must be free-standing, purpose-built blocks of flats of at least three storeys, constructed between 1 July 1948 and 5 March 2018.
- Floor to ceiling heights must be not more than any existing storeys or 3m, whichever is the lesser.
- The new dwelling must be flats.
- The overall height of the roof must not be more than 7m higher than the highest part of the existing roof (excl. plant).
- The overall height (excl. plant) must not exceed 30m.
- Various works and ancillary facilities must be within the existing curtilage and not forward of the principal elevation or a side elevation fronting a highway.
- Listed buildings and buildings within a listed curtilage and other locations are excluded (see below).
- The development must be completed within three years of prior approval being granted.
The prior approval process for adding up to two storeys as permitted development requires the local planning authority to consider a number of planning issues including:
- Transport and highways impacts.
- Contamination and flood risks.
- External appearance.
- Natural lighting to habitable rooms.
- Amenity impact on the existing building and on neighbours.
Conditions can be imposed and there is a range of requirements on consultation and the post completion stage.
There is a long list of sites that are excluded: Conservation Areas, Areas of Outstanding Natural Beauty, National Parks/Broads, World Heritage Sites, Sites of Special Scientific Interest, Listed Buildings/Scheduled Monuments, areas specified by the Secretary of State under the Wildlife and Countryside Act 1981.
In many ways, this new permitted development class has similarities to a conventional planning application and it may be that many of the opportunities for such upward extension, where costs and values justify the necessary investment, have already been identified and acted upon through the planning application process. Given this and the range of requirements and conditions it will therefore be interesting to see what the extent of take up is for this new class of permitted development.
If you would like further information, please feel free to get in touch with our Planning and Regeneration Team.
Also, for information on additional permitted development rights announced in respect of demolishing existing buildings for residential redevelopment and building upward on existing houses, see our separate piece titled Further Permitted Development – A Forerunner to Zoning and Coding?
- Written by Mel Clinton and Aggie Morris.