The Town and Country Planning (Permitted Development and Miscellaneous Amendments) (England) (Coronavirus) Regulations 2020
News courtesy of planning resource via the housing minister Christopher Pincher, upwards extensions to purpose built detached flats are now permitted albeit via the Prior Approval process.
Though this is welcome news to allow for less interference in proposals to sensibly increase density in urban areas, the reality is a number of conditions that will preclude many. Notably:
1. Conservation Areas excluded.
2. Pre-1948 blocks excluded.
3. Recent Change of Use blocks excluded.
4. Minimum three storey threshold.
There will be many examples of infill blocks that could clearly accommodate one or more additional storeys but are excluded by one or more of the above criteria and this is disappointing. Perhaps the the initial round is a trial and the PD exclusions will be watered down in the future.
Regulations as of 1st August 2020 below:
PART 20 Construction of New Dwellinghouses
Class A
New dwellinghouses on detached blocks of flats
Permitted development
A. Development consisting of works for the construction of up to two additional storeys of new dwellinghouses immediately above the existing topmost residential storey on a building which is a purpose-built, detached block of flats, together with any or all—
(a)engineering operations reasonably necessary to construct the additional storeys and new dwellinghouses;
(b)works for the replacement of existing plant or installation of additional plant on the roof of the extended building reasonably necessary to service the new dwellinghouses;
(c)works for the construction of appropriate and safe access and egress to the new and existing dwellinghouses, including means of escape from fire, via additional external doors or external staircases;
(d)works for the construction of storage, waste or other ancillary facilities reasonably necessary to support the new dwellinghouses.
Development not permitted
A.1. Development is not permitted by Class A if—
(a)the permission to use any building as a dwellinghouse has been granted only by virtue of Class M, N, O, P, PA or Q of Part 3 of this Schedule;
(b)above ground level, the building is less than 3 storeys in height;
(c)the building was constructed before 1st July 1948, or after 5th March 2018;
(d)the additional storeys are constructed other than on the principal part of the building;
(e)the floor to ceiling height of any additional storey is—
(i)more than 3 metres in height; or
(ii)more than the floor to ceiling height of any of the existing storeys,
whichever is the lesser, where such heights are measured internally;
(f)the new dwellinghouses are not flats;
(g)the overall height of the roof of the extended building would be greater than 7 metres higher than the highest part of the existing roof (not including existing plant);
(h)the extended building (not including plant) would be greater than 30 metres in height;
(i)development under Class A.(a) would include the provision of visible support structures on or attached to the exterior of the building upon completion of the development;
(j)development under Class A.(a) would consist of engineering operations other than works within the existing curtilage of the building to—
(i)strengthen existing walls;
(ii)strengthen existing foundations; or
(iii)install or replace water, drainage, electricity, gas or other services;
(k)in the case of Class A.(b) development there is no existing plant on the building;
(l)in the case of Class A.(b) development the height of any replaced or additional plant as measured from the lowest surface of the new roof on the principal part of the new building would exceed the height of any existing plant as measured from the lowest surface of the existing roof on the principal part of the existing building;
(m)development under Class A.(c) would extend beyond the curtilage of the existing building;
(n)development under Class A.(d) would—
(i)extend beyond the curtilage of the existing building;
(ii)be situated on land forward of a wall forming the principal elevation of the existing building; or
(iii)be situated on land forward of a wall fronting a highway and forming a side elevation of the existing building;
(o)the land or site on which the building is located, is or forms part of—
(i)article 2(3) land;
(ii)a site of special scientific interest;
(iii)a listed building or land within its curtilage;
(iv)a scheduled monument or land within its curtilage;
(v)a safety hazard area;
(vi)a military explosives storage area; or
(vii)land within 3 kilometres of the perimeter of an aerodrome.
Conditions
A.2.—
(1) Where any development under Class A is proposed, development is permitted subject to the condition that before beginning the development, the developer must apply to the local planning authority for prior approval of the authority as to—
(a)transport and highways impacts of the development;
(b)air traffic and defence asset impacts of the development;
(c)contamination risks in relation to the building;
(d)flooding risks in relation to the building;
(e)the external appearance of the building;
(f)the provision of adequate natural light in all habitable rooms of the new dwellinghouses;
(g)impact on the amenity of the existing building and neighbouring premises including overlooking, privacy and the loss of light; and
(h)whether because of the siting of the building, the development will impact on a protected view identified in the Directions Relating to Protected Vistas dated 15 March 2012(1) issued by the Secretary of State,
and the provisions of paragraph B (prior approval) of this Part apply in relation to that application.
(2) Any development under Class A is permitted subject to the condition that it must be completed within a period of 3 years starting with the date prior approval is granted.
(3) Any development under Class A is permitted subject to the condition that before beginning the development, the developer must provide the local planning authority with a report for the management of the construction of the development, which sets out the proposed development hours of operation and how any adverse impact of noise, dust, vibration and traffic on occupiers of the building and adjoining owners or occupiers will be mitigated.
(4) The developer must notify the local planning authority of the completion of the development as soon as reasonably practicable after completion.
(5) The notification referred to in sub-paragraph (4) must be in writing and must include—
(a)the name of the developer;
(b)the address or location of the development; and
(c)the date of completion.
(6) Any new dwellinghouse created under Class A is to remain in use as a dwellinghouse within the meaning of Class C3 of the Schedule to the Use Classes Order and for no other purpose, except to the extent that the other purpose is ancillary to the primary use as a dwellinghouse.
Authored by Thomas Tinel.