Permitted Development rights for New flats on Commercial and Residential Buildings: discussed with Associate Planner, Roy Hammond.

Carrying on from Boris Johnson’s ‘Build, Build, Build’ speech, our Associate Director, Roy Hammond discusses and shares the new Permitted Development Provisions, and in particular the part that relates to the construction of New flats on Commercial and Residential Buildings.

Permitted Development rights for adding additional storeys on a block of new flats

Limitations & Conditions

For two storey houses, the new part allows you to add up to an additional two floors and a first floor onto existing single-story dwellings.

The requirement is that the new floors must be above the existing topmost storey of the existing building, whether that’s the two-storey or single-storey and that it must be the principal part of the dwelling house, so those additional flaws can’t be on offshoots to the side or to the rear.

It does not preclude listed buildings from the Permitted Development right, but noting that, that would be any extensions to a list of building

For two storey houses, the new part allows you to add up to an additional two floors and a first floor onto existing single-story dwellings.

The works cover any associated engineering operations, including strengthening existing walls and foundations.

It does not preclude listed buildings from the Permitted Development right. Any alterations would be subject to a separate application process for listed building consent, which is where the council would exercise their control.

The rights only apply to dwellings constructed between the 1st of July 1948, and the 28th of October 2019. What that will do in the case of terraces and the ability to go upwards on terraces it’s going to exclude a significant proportion of the country’s Victorian and Edwardian terraces, and the thinking behind the government it’s there to protect the character and appearance of those terraces.

Excludes from the rights, any dwellings that have been created under any other type of Permitted Development, so for example class O offices to residential. It also excludes sites that are within conservation areas, or areas of outstanding natural beauty etc.

Excludes dwellings that have already had an additional storey added to them whether that was undertaken as Permitted Development or with the benefit of full planning permission. For instance, if you have a bungalow that has already had a storey added on top of it, whether that was permitted or via a full application, the right would not apply to adding an additional storey in those circumstances.

The maximum permitted height on for two storeys above an existing two-storey dwelling would be 18 meters individually. The two-storey element couldn’t be more than 7 meters higher than the highest part of the existing building in the case of a single-storey dwelling, in other words a bungalow the maximum height that the new element could be above the height of the existing building is 3.5 meters.

New Flats

Planning Process

New Flats On Commercial And Residential Buildings

In terms of the planning process, that’s the Permitted Development, that’s the bit that you can do as of right now.

But there is still a prior approval process to go through with the council, it is not supposed to be as onerous as going through a full planning application. The reality is that the matters that they can take into account don’t differ significantly from those that they would take into account as part of a planning application, and they include transport and highways impacts, contamination and flood risk, neighbour amenity, external appearance etc.

The submission itself requires, for example, a construction management plan, works specification, and floor plans. There is third-party consultation that would consult with the local town council, or community groups, or neighbours existing tenants, highway authority etc. so it would be subject to consultation.

It is important to note there’s no deemed approval, so if the council doesn’t determine within the defined time period, you don’t get permission as of right and also there is a three-year time limit on completion, so it’s not commencement, you’ve actually got to complete within three years of the grant of the prior approval.

If you have a building you think fits this bill, then, by all means, get in touch.