Changes to Permitted Development Rights due to come into effect 31 August 2020
All of the changes below will be subject to a Prior Approval procedure, which requires submission of a Planning Application using a Prior Approval procedure. Please contact us if you wish to pursue any of the routes below. It is important to understand that proceeding without proffessional help could cost you time and money, including the chances of approval not being granted.
Prior Approval Process: The Authority will be required to look at the external appearance of the extended building, the design of architectural features of the principal elevation and any side elevation that fronts a highway, and the impact on the amenity of neighbouring premises. submission of a report setting out proposed hours of operation, impacts of noise and dust, viration and traffic movement, rpovision of adequate natural light. The Authority will also consider impact on Traffic and Highways, Flood Risk, contamination, impact on air traffic, defence assets.
All of the PD Rights below will require Building Regulation Approval and consideration under the Fire Safety and other assocaited building acts.
The new PD rights will not apply to :
These new Rights apply in England and Wales only
Detached Buildings in Commercial or Mixed Use: Where an existing building is three storeys or more in height, the regulations will now allow up to two storeys of new homes to be constructed. The maximum height of the extended buiding would be 30 metres. Designated as Class AA.
Terraced Buildings including Semi Detached in Commercial or Mixed Use: Two additional storeys may be added to two storey buildings, and one storey to single storey buildings. Maximum height 18 metres and no more than 3.5m higher tha the next tallest building. Designated as Class AB.
Constrution of new Self Contained homes above Terraced dwellings, including Semi Detached houses: Two additional storeys may be added on terraces of two storeys or more, one storey to single storey terraces. Maximum height 18 metres. Designated as Class AC
Constrution of new Self Contained homes above Detached Houses: Two additional storeys may be added above houses of two storeys or more, one storey to single storey houses. Maximum height 18 metres. Designated as Class AD
Changes to Permitted Development Rights which came into effect 1 August 2020
Temporary Use of Land: from 1 July 2020 to 31 Dec 2020 to support initiatives assocaited with controling the Covid 19 pandemic.
Markets: Local Authorities will now be able to hold a market for an unlimited number of days without the right to submit an application for planning permision, between 25th June 2020 to 23 March 2021.
Purpose Built Blocks of Flats: The regulations permit the construction of additional stories above blocks of flats of 3 storeys or more to extend upwards to create new self contained homes. Max two further storeys. Including engineering works, Max height 30m. This is a permanent PD right
Advertisement Regulations: text
Compensation Regulations The Act limits the compensation liability where a Local Authority withdraws the new PD Right to extend upwards to create additional homes by making a direction under Article 4 of the GDPD Order.
The main concern over PD is quality. The Government asks that Architects push for design quality, and lead by example, and persuade clients that it is better to provide homes of higher quality that will attract better tenants and better buyers, adding more value to the built environment.
Adequate Natural Light: A Cluase requiring adequate natural light to be provided is being introduced into the GDPO for all developments carried out to create homes or extensions to homes, this includes changes of use to housing.
The proposals include a requirement that 'All Homes' provide adequate natural light for occupants.This has been one of the numerous and frequent criticisms directed at poor-quality, conversions, alongside internal areas that fall well short of the nationally described space standards.
Information submitted should include Detailed floor plans with dimensions of rooms, use of each rooma dn the position and dimesnionsof windows doors and walls, and elevations to allow the authrity to assess that daylight and room sizes are adequate.
Provision of Natural Light to habitable rooms is as defined under Regulation 19
Decisions: The Local Authority should provide a decision within 8 weeks. The right does not provide a default deemed consent. If a decision has not been made witin 8 weeks the Applicant has a right of appeal for non-determination.
PD Rights for Extensions to Dwellings: The GDPO class A to H has been further amended to stipulate that new dwellings constructed under the PD Rights above will not excercise a right to be extended under existing PD rights for homes.