The Government has announced an update to Permitted Development rights in England which will take effect on 31 August 2020.
The changes to Permitted Development cover extension to individual dwellings and detached blocks of flats. For individual dwellings the new rights cover existing properties which are detached, semi-detached or in a terrace and they allow for new extensions of up to 2 storeys. The new extension is subject to a maximum height limit of 18m, and where the house is in a terrace its height cannot be more than 3.5m higher than the next tallest house in the terrace. These new rights only apply to houses built between 1 July 1948 and 28 October 2018 and do not apply in Conservation Areas.
However, although planning permission is not required for extensions which meet the new rights, there is a requirement to obtain prior approval from the Local Planning Authority in relation to the impact on the amenity of neighbouring premises and external appearance.
A new class is also introduced which allows for up to two additional storeys to be constructed on existing houses which are detached or in a terrace to create new self-contained homes. The rights are subject to a maximum height limit for the newly extended building of 18m and it cannot be more than 3.5m higher than the next tallest house in the terrace.
Further to the new rights on individual dwellings the regulations will also allow for the construction of up to two additional storeys, with a view to creating additional self-contained homes, on free standing blocks and on buildings in a terrace that are in certain commercial uses (including A1, A2, A3 and B1(a)), and also within mixed uses with an element of housing. These extensions are subject to a maximum height limit of 30m for detached buildings and 18m for terraces.
With regard to the rights which allow for extensions to create new self-contained homes these only apply to houses and buildings built between 1 July 1948 and 5 March 2018 and they have to have been in one of the relevant uses or mixed uses on 5 March 2018. These new rights will not apply in Conservation Areas or to listed buildings or scheduled monuments. There is also a requirement to obtain prior approval from the Local Planning Authority in relation to the transport and highway impacts of the development, contamination and flooding risks, the external appearance, impact on amenity, the provision of adequate natural light in all habitable rooms of the new homes, noise impact from existing commercial uses, and impact on surrounding businesses.
In addition, new rights are also being introduced which allow for the demolition of vacant and redundant free-standing buildings that fell within use class B1 and C3 on 12 March 2020, and their replacement with residential development. The new building must be a purpose-built residential block of flats only, and therefore you cannot construct terraced buildings, detached dwellings, or mixed-use buildings. These new rights also only apply to buildings constructed prior to 1 January 1990 that have been entirely vacant for at least 6 months prior to the application for prior approval.
Restrictions on the permitted development above apply, these include that it must be within the footprint of the original building with a maximum footprint of up to 1,000 sq m and with a maximum height of 18m. There is a requirement to obtain prior approval in respect of technical and design aspects of the proposals and the rights will not apply in Conservation Areas or to listed buildings or scheduled monuments.
These changes are in additional to those which came into force on 1 August 2020 which created a new permitted development rights to make it possible to build up to two additional storeys to provide additional flats on top of purpose-built, detached blocks of flats without requiring full planning permission.
If you would like to discuss any of the proposed changes and how they may effect or benefit your property please do not hesitate to contact our planning team.
