Articles

Planning Legislation Update Briefing Note

Coming into force on the 1st August 2020

Summary/Highlights

These long muted permitted development right provisions allow 2 additional storeys to be added to existing purpose-built detached apartment blocks of at least 3-storeys with such new development permitted up to a maximum height of 30 metres in total. However, with other recent updates to permitted development Legislation a significant number of criteria apply which such development needs to comply with in order to take full advantage of these provisions. The full set of criteria is set out in Annex A below but summarised below including key aspects of the provisions themselves.

The provisions specifically relate to the following works connected with such applicable development:

• Engineering operations reasonably necessary to construct the additional storeys and new flats;
• 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 flats;
• Works for the construction of appropriate and safe access and egress to the new and existing flats including means of escape from fire, via additional external doors or external staircases; and
• Works for the construction of storage, waste or other ancillary facilities reasonably necessary to support the new flats.

Other key aspects of these provisions for careful consideration include the following:

• Does not apply to previous prior approval development including office to residential PD schemes;
• Does not apply to apartment buildings constructed after the 5th March 2018;
• The provision relates to new flats only NOT houses;
• The 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);
• The extended building (not including plant) would be greater than 30 metres in overall height;
• Provision does not apply to sites within designated Conservation Areas or Listed Buildings and their settings;
• The Council’s Prior Approval (application submission) will be required in respect of:
  • Highways impacts;
  • Air traffic and defence impacts ;
  • Contamination risks in relation to the building;
  • Flooding risks in relation to the building;
  • The external appearance of the building;
  • The provision of adequate natural light in all habitable rooms of the new flats;
  • Impact on the amenity of the existing building and neighbouring premises including overlooking, privacy and the loss of light; and
  • Whether because of the siting of the building, the development will impact on a protected view.
• Interestingly the Legislation makes clear that these matters should be assessed against the National Planning Policy Framework (NPPF) where relevant but no mention is made of the local Development Plan;
• The Council does have the power to impose conditions where reasonable and necessary in relation to the above Prior Approval matters;
• Said development must be completed within a period of 3 years starting with the date prior approval is granted;
• 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.
• The developer must notify the local planning authority of the completion of the development as soon as reasonably practicable after completion; and
• Any new flat created is to remain in use as a flat and for no other purpose, except to the extent that the other purpose is ancillary to the primary use as a flat.

Annexe A

Permitted development:

The construction of up to two additional storeys of new flats immediately above the existing topmost residential storey.

Applicable sites:
Buildings which are a:

• Purpose-built; and
• Detached block of flats.

Development is NOT permitted:

• Where permission to use the said building as a flat has been granted only by virtue of Prior Approval provisions under Classes M, N, O, P, PA or Q of Part 3 (Change of Use) permitted development rights;
• Above ground level, the building is less than 3 storeys in height;
• The building was constructed before 1st July 1948, or after 5th March 2018;
• The additional storeys are constructed other than on the principal part of the building (any secondary element of the existing building);
• The floor to ceiling height of any additional storey is -
  • More than 3 metres in height; or
  • More than the floor to ceiling height of any of the existing storeys, whichever is the lesser, where such heights are measured internally;
• The proposed new flats are not flats;
• 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);
• The extended building (not including plant) would be greater than 30 metres in height;

In terms of associated engineering operations

Development is NOT permitted where:

• Associated engineering works would include the provision of visible support structures on or attached to the exterior of the building upon completion of the development;
• Development would consist of engineering operations other than works within the existing curtilage of the building to -
  • Strengthen existing walls;
  • Strengthen existing foundations; or
  • Install or replace water, drainage, electricity, gas or other services;

In terms of supporting plant:

Development is NOT permitted where:

• Such development is not permitted where there is no existing plant on the building;
• Where 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;

In terms of access to serve the new flats:

Development is NOT permitted where:

• Such development would extend beyond the curtilage of the existing building;

Construction of storage, waste or other ancillary facilities

Development is NOT permitted where:

• This would extend beyond the curtilage of the existing building;
• Be situated on land forward of a wall forming the principal elevation of the existing building; or
• Be situated on land forward of a wall fronting a highway and forming a side elevation of the existing building;

Locational criteria

Development is NOT permitted where the site/building in question is:

• Within a designated Conservation Area;
• Within a designated Site of Special Scientific Interest (SSSI);
• Is a listed building or is on land within its curtilage;
• A scheduled monument or land within its curtilage;
• A safety hazard area;
• A military explosives storage area; or
• On land within 3 kilometres of the perimeter of an aerodrome.

Conditions (Prior Approval Matters):

As with other relatively recent additions to permitted development rights an application to the Local Planning Authority (LPA) for Prior Approval is required as to the following:

• Transport and highways impacts of the development;
• Air traffic and defence asset impacts of the development;
• Contamination risks in relation to the building;
• Flooding risks in relation to the building;
• The external appearance of the building;
• The provision of adequate natural light in all habitable rooms of the new flats
• Impact on the amenity of the existing building and neighbouring premises including overlooking, privacy and the loss of light; and
• 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(a) issued by the Secretary of State.

Conditions (Other Matters):

• Development must be completed within a period of 3 years starting with the date prior approval is granted;
• 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.
• The developer must notify the local planning authority of the completion of the development as soon as reasonably practicable after completion; and
• Any new flat created is to remain in use as a flat and for no other purpose, except to the extent that the other purpose is ancillary to the primary use as a flat.

We trust that the above provides you with further clarification on these emerging permitted development right provisions but please do not hesitate to contact us directly should you have any queries concerning these provisions or wish to discuss this matter in further detail.