As of the 31st August 2020, the Government has incorporated its second phase of permitted development rights. The reform allows upward extensions to existing properties and the Order also permits the construction of new self-contained homes.
Rights to extend existing homes
What is allowed?
The new Permitted Development right allows existing homes which are detached, semi-detached or in a terrace to be extended upwards, allowing additional storeys.
The new Class AA (enlargement of a dwelling-house by construction of additional storeys) amends Part 1 of Schedule 2 of the Town and Country Planning (General Permitted Development) (England) Order 2015. Specifically, the reform allows upward extensions of up to two additional storeys on the topmost storey of a detached house, where the existing property is composed of two stories or more above ground level; or one additional storey above ground level on a detached house of one storey. In a terrace of two or more houses, the change permits the construction of up to two additional storeys on the topmost storey of a house of two storeys or more, or one additional storey on a house of one storey above ground level.
The right applies to houses built after 1 July 1948 and before 28 October 2018.
What is not allowed?
Developments in Conservation Areas, National Parks and the Broads, areas of outstanding natural beauty or sites of specific scientific interest. Houses where permission was granted by a change of use under Class M, N, O, P, PA or Q of Part 3 of Schedule 2 of the Town and Country Planning Order 2015.
Are there further requirements?
Some significant further requirements include that the building must not be more than 18 metres high after the works; the overall height of the roof must not exceed the height of the highest part of the roof of the existing house by more than 3.5 metres; and the extended house must be used as a house.
The developments must be completed within three years from gaining the grant of prior approval, which must be secured from the Law of Property Act.
Right for the construction of new homes
The Order incorporates four new permitted development rights, as Classes AA, AB, AC and AD of Part 20 of Schedule 2 of the 2015 Order, which enables the construction of new self-contained homes. The new rights apply to buildings built after 1 July 1948 and before 5 March 2018. The development must be completed within 3 years of the grant of prior approval.
Class AA
What is allowed?
This class permits the construction of up to two new storeys of flats on top of existing, detached, free-standing buildings of 3 storeys or more above ground level in commercial or mixed use as shops (A1), financial and professional services (Class A2), restaurants and cafes (Class A3), or offices (Class B1(a)).
What is not allowed?
Some significant restrictions are as follows: the right is subject to a maximum height limit for the newly extended building of 30 metres. The floor to ceiling height of any additional storey must not be more than 3m in height. Any developments under Class AA(1)(c) must not extend beyond the curtilage of the existing buildings.
Class AB
What is allowed?
This class permits the construction of new flats on top of terrace buildings if used in the same commercial or mixed-use capacity.
What is not allowed?
Some restrictions for Class AB include that the floor-to-ceiling height of any additional storey will not be more than 3 metres in height. The building, after the works, must not be more than 18 metres high.
Class AC
What is allowed?
Class AC permits the construction of new flats on top of terrace houses. Two storeys may be added if the existing building is two or more storeys tall above the ground level.
What is not allowed?
Some restrictions include that the existing house has not been enlarged by the addition of one or more storeys above the original house. The development under Class AC(2)(b) must not extend beyond the curtilage of the existing business or be situated on land forward of a wall forming the principal elevation of the existing building
Class AD
What is allowed?
Class AD permits the construction of additional storeys on detached houses; two storeys may be constructed on the topmost storey of a detached house if the existing building is two or more storeys tall above ground level.
What is not allowed?
The development under Class AD(2)(a) must not include the provision of visible support structures on or attached to the exterior of the building upon completion of the development. Any developments under Class AD(2)(a) must not consist of engineering operations other than works within the existing curtilage of the building to strengthen walls or foundations, or install or replace water, drainage, electricity, gas or other services.
Are there any further requirements?
The new rights apply to buildings built after 1 July 1948 and before 5 March 2018. The development must be completed within 3 years of the grant of prior approval.
The right does not apply in Conservation Areas, National Parks and the Broads, areas of outstanding natural beauty, or sites of special scientific interest or if it is a listed building. The applicant must prepare a report setting out how to minimise any adverse impacts of noise, dust, vibration and traffic movements during building works.
Undoubtedly, there will be a rapid expansion of permitted development rights. Audley Chaucer are experienced in all aspects of planning law and planning appeals, together with conveyancing and dealing with complex property legal problems. Please contact John Szepietowski at Audley Chaucer for an initial discussion on 01372 303444.
Joseph Beams
