Publication of The Town and Country Planning (General Permitted Development) (England) (Amendment) (No. 2) Order 2020 has introduced new permitted development rights for the upward extension of certain types of property, and will come into force on 31st August 2020.
Among the changes the new regulations introduce are permitted development rights to;
- Extend houses upwards by one or two storeys (depending on their existing height and whether they are detached, semi-detached or terraced)
- Build up to two storeys of flats above a detached commercial building in use class A1, A2, A3 or B1(a) use
- Build one or two storeys of flats above a terraced building in use use class A1, A2, A3 or B1(a) use. Two storeys can be built if the existing building is two storeys tall, or one storey if the existing building is one storey tall.
- Build up to two storeys of flats above existing detached and terraced houses. Two storeys can be built if the existing building is two storeys tall, or one storey if the existing building is one storey tall.
Like other permitted development rights, the rights are subject to a condition that the developer make an application for prior approval prior to commencing works. The Council may consider highways impacts, air traffic, contamination, flood risk, design, residential amenity when considering a prior approval application, as well as whether the introduction of a residential use would have an impact on the carrying out of trade or business activity in the area. The development can not take place unless the Council has issued a written notice giving their prior approval.
A terraced building is defined in the regulations as a building that is not detached, so semi-detached buildings would fall within that category.
It is important to note that the rights do not apply to buildings constructed before 1st July 1948 or after 5th March 2018. The rights are also not applicable in conservation areas, national parks, listed buildings, scheduled monuments or within 3km of the perimeter of an aerodrome.
This article provides a summary of the new rights and it is important to read the detailed regulations, which can be read at: https://www.legislation.gov.uk/uksi/2020/755/article/2/made. If you have any queries with the new regulations or would like assistance with an application for prior approval please do not hesitate to contact Spruce Town Planning Ltd.
