Updates to Permitted Development
Alice Kennedy
From 1st September 2020 new permitted development rights came into effect with the aim of revitalising town centres and increasing housing supply in England. These changes amend the Town and Country Planning (General Permitted Development) (England) Order 2015.
The new permitted development rights avoid the need for planning permission to be sought. However, applicants must secure prior approval from the Local Planning Authority in advance of any development taking place.
What are the key changes?
Demolition of buildings and construction of new homes
Class ZA enables the demolition and rebuild of unused commercial buildings for residential use, either as a purpose built block of flats, or a detached dwelling house, up to two storeys higher than the original premises. There are a number of caveats set out in the legislation including that the commercial building has been vacant for a minimum of six months.
Additional storeys to homes
Part 1, Class AA allows homeowners to extend their home by adding up to two additional storeys where the existing house is two or more storeys and add one storey on an existing bungalow. Part 20 Class AC and AD allow additional storeys to be added to existing homes to create new self-contained units above attached and detached dwellings. For all these classes of permitted development rights a number of restrictions apply.
Additional storeys to commercial buildings
A range of new permitted development rights have been implemented enabling additional storeys to be added commercial buildings. This includes Part 20, Class AA and AB which allows for up to two storeys for self-contained residential uses above shops, cafes and offices. For all these classes of permitted development rights a number of restrictions apply.
What does this mean for Towns?
The COVID-19 global pandemic is continuing to impact already struggling town centres. These new permitted development rights aim to accelerate the regeneration of town centres by providing the opportunity to quickly deliver new commercial and residential properties enabling places to adapt rapidly to changing needs.
Towns should ask themselves whether there are opportunities to take advantage of these rights within their TIPs. Many Towns are seeking to increase the number of homes within town centres to meet local needs and help drive footfall/revitalise these areas. These new permitted development rights could therefore remove ‘red tape’ particularly where Towns already own land or property.
If Towns decide to use these permitted development rights careful consideration should be given to design and environmental factors. These developments are not subject to planning policy requirements, so there is a risk of poorer quality developments particularly in terms of space, building and design standards. However, Towns can decide to bring forward development which accords with, for example, national space standards.
In a change from the previous Permitted Development Rights, Housing Secretary Robert Jenrick has announced that all new homes delivered through any of the Permitted Development Rights will now have to meet space standards. However, this is not yet reflected in the new legislation wording.
What next?
The new Permitted Development Rights (along with the new Use Classes Order) were subject to Judicial Review by the campaign group Rights: Community: Action (RCA). On 17th November 2020, the High Court dismissed the attempt by RCA to overturn the Government’s recent changes, so as it stands, the recent changes to the Permitted Development Rights (and the new Use Classes Order) will remain in place. RCA have noted their intention to appeal, and if this proceeds then clearly some level of uncertainty around the permanence of the changes will continue.
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