New PD rights for additional storeys on detached blocks of flats coming into force 1 August 2020

The Government is looking to shake up the planning system and ‘build, build, build’.  A key change coming into force on 1 August 2020 is to create a new class of 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.

The new permitted development rights associated with these extensions include any reasonable engineering operations, access/egress (including external fire-safety routes) and storage and waste facilities.

However, the new rights are perhaps not quite so simple as they first appear and only apply in fairly limited circumstances. For instance, they only apply to purpose built detached blocks of flats constructed between 1 July 1948 and 5 March 2018 (so not conversions) and the extension must be on the principle part of the building.  The existing building must be at least three storeys high already, however the new extension must not result in the building being over 30 metres in height (excluding plant).  The rights do not apply to buildings in protected areas such as conservation areas, AONBs, National Parks and SSSIs.  The land must also not be within 3 kilometres of the perimeter of an aerodrome.

A full copy of the regulations can be found here:

http://www.legislation.gov.uk/uksi/2020/632/regulation/22/made

The effect of the permitted development rights means that full planning permission is not required.  However, prior approval must still be sought in relation to:

• – transport and highways impacts
• – air traffic and defence asset impacts
• – contamination risk
• – flood risk
• – the external appearance of the building
• – the provision of adequate natural light for new habitable rooms
• – impact on amenity of the existing building and neighbouring premises, including overlooking, privacy and loss of light
• – whether it will impact on a protected view

In considering the above matters the local planning authority can have regard to the National Planning Policy Framework.

Even though there are a lot of restrictions we are still hopeful that many of our clients will be able to use these rights to their advantage.  The devil is in the detail so if you think you have a property which might qualify for these rights then please get in touch with us and we would be happy to advise further.