Planning Reforms Archives - Planning Design Ltd

New Permitted Development Rights – some scenarios

30th November 20221st September 2020 by Gary Stringer

Permitted development has existed in some form since the UK planning system was inaugurated in 1948. Permitted development allows owners and users of property to build or change use within regulated limits without needing planning permission. There was a significant change in the regulations in 2013 when permitted development rights were extended and a simplified form of planning permission called prior notification was brought into wider use.

The following new rights allow owners and users of land more latitude and they allow different forms of development in principle. However these rights in principle are limited and do not apply within conservation areas or other areas where development is sensitive.

Each of these new rights in principle have their own limitations and exclusions. These are complex and the rights outlined here do not allow development to take place without prior notification of the council. This is not a free for all. Great care is needed before trying to use the new rights that have been provided.

We can provide specialist advice and we can confirm whether the right exists given the individual circumstances of each site or building.

1: Permitted Development Rights and the demolition of buildings and construction of new homes

The aim of the new right is to support regeneration through the residential redevelopment of vacant and redundant buildings that no longer effectively serve their original purpose, support housing delivery and boost housing density.

As a matter of principle it is possible to demolish vacant and redundant residential and commercial buildings and replace these with new homes.

From 31 August 2020 this new right will apply to vacant and redundant free-standing buildings that fall within the following use classes on 12 March 2020:

B1(a) offices,
B1 (b) research and development,
B1 (c) industrial processes (light industrial), and
free-standing purpose-built residential blocks of flats (C3).

The building must have been built before 1 January 1990 and have been entirely vacant for at least six full months prior to the date of the application for prior approval. The right allows for redevelopment of a single new building within the footprint of the existing building with a ground floor area of up to 1,000 sq. m. The height of the new building can be up to 18 metres.

This will allow business owners the freedom they need to adapt and evolve, and to renew town centres with new enterprises and more housing. These changes it is hoped will help transform boarded up, unused buildings safely into high quality homes at the heart of their communities.

Having looked at the wording of the new right, we see a great opportunity for small, rural commercial sites, for instance where there is a small 2 storey workshop as this could now be demolished and replaced with a 3 /4 storey home. Town centres are often very sensitive to change, most town and city centres are conservation areas so the impact on many town centres of this new right we feel will be limited.

2: Additional storeys to homes

Home-owners of property built after 1948 and completed before 2018 will now be entitled to increase the size of their homes by adding:

Up to two additional storeys, where the existing house consists of two or more storeys; or
One additional storey, where the existing house consists of only one storey.

The following issues will be assessed by the Local Authority:

the transport and highways impacts of the development;
contamination and flooding risks;
the impact of noise from other premises on the future residents;
design and external appearance of the new building;
the adequacy of natural light in all habitable rooms of each new dwelling;
the impact of the introduction of residential use into an area; and
the impact of the development on the amenity of the new building and of neighbouring premises, including overlooking, privacy and light.
The proposals will be subject to neighbour consultation

These assessments by the local authority are tantamount to a planning application but an application where there is a permission in principle. This option could allow growing families to expand their homes without having to move. This could allow much needed additional space for children or elderly relatives as their household grows.”

The phrase ‘subject to neighbour consultation’ is noteworthy in its nebulousness. Will this mean that neighbours are merely informed and given the opportunity to make representation to the LPA? Or will they have an option to object? This could be very contentious in locations where detached property values are in part because of their view or outlook.

3: Additional Storeys to Create Dwellings

From 1st September the construction of up to 2 additional storeys on free standing buildings or groups of buildings in a terrace that are in certain commercial uses.

To benefit from this class, the existing building must be free-standing and be used as shops (Class A1), financial and professional services (Class A2), restaurants and cafes (Class A3), or offices (Class B1(a)), or as betting shops, pay day loan shops or launderettes, or in mixed use between these uses or a mixed use with an element of housing.

The rights are subject to a maximum height limit of 30m for detached buildings and 18m for terraces.

For further information and clarification on the amendments to the Use Classes Order, Rory Bradford from our Planning team explains the changes being made, and the impacts they may have for landowners and business operators in the following short video.

Comprising town planners, architects and architectural assistants our staff bring a wealth of experience from a range of backgrounds and various parts of the UK. Our planners have worked in the public & private sectors, and have excellent working relations with Local Planning Authorities.

For further information and clarification on these new permitted development rights, and changes to the Use Classes Order please don’t hesitate to contact us for a free 30 minute consultation to discuss your project.

Understanding Use Classes Order reform

30th November 202219th August 2020 by Gary Stringer

The government have recently announced some profound changes to the way in which use of land and buildings is categorised – the 2020 Use Classes Order amendments. The reforms will bring in three new land use classes, which are broad in nature, and will replace several of the more narrow and prescriptive elements of the previous system.

In essence, the reforms have been designed to offer landowners a greater level of flexibility to change between the various uses within the new classes. The most noteworthy change in the pooling of shops, offices, restaurants and cafes, together with business uses. Following the change to the legislation due on the 1st September a landowner owning any of these types of property will be able to change the buildings use to any other falling within that category without the need to apply to the local authority.

This is going to have a particularly interesting impact on the high street, and retail centres in general. The emergence of internet shopping and out-of-town shopping centres have caused a huge downturn in the number of people travelling into town centres, issues which have been compounded by the Covid-19 pandemic. The rationale behind the new changes is to give landowners and business operators’ additional flexibility to respond to demands in the market. There are still some questions about the level of influence Authorities will have to push back on these flexibilities. The picture will undoubted become clearer over the next 6 months, and we will certainly be keeping our clients updated on the situation but these are certainly the most notable changes to the land use system since its creation in 1987.

At a time of significant change for the English Planning system we outline in detail the new permitted development rights that have emerged as well as the changes to the Use Classes Order in this briefing note.

If you have further questions, or to discuss a specific building or site please don’t hesitate to contact us for a free 30 minute consultation to discuss your project.

Please click here to download the slides that accompany this video.

You can also download a summary of the 2020 Use Classes Order amendments here.

Main Image: Thanks to Cactus Images

Briefing note: New permitted development rights and changes to the Use Classes Order

30th November 202210th August 2020 by Gary Stringer

July and August are proving to be a time of significant change for the English Planning system which has arrived on the back of changes announced at the start of the summer in response to the Covid-19 crisis. The introduction of new permitted development rights, changes to the Use Classes Order and a White Paper citing intentions to reform the decision-making process across the country have all been released within a period of a single fortnight.

This paper will look at new permitted development rights that have emerged as well as the changes to the Use Classes Order.

New Permitted Development Rights – A Summary

The changes relate to;

Demolition and Rebuild for Residential Use
Additional Storeys to Dwellinghouses
Additional Storeys to Create Dwellings
Changes to the Use Classes Order

The changes to Use Classes order provide greater flexibility for changes in uses without the need for planning permission. From the 1 September 2020 a new use Class E comes into effect which encompasses Class A1 – shops; financial and professional services; restaurants and cafes; and business. It also creates two new Use Classes, Class F1 is for learning and non-residential institutions. Specifically, any use not including residential use and Class F2 is for local community use.

The new permitted development rights represent exciting opportunities to business and homeowners alike. The opportunity for detached offices or light industrial units to be demolished and rebuilt with an apartment block that provides an additional two storeys will clearly be attractive in certain situations. Firstly the PD right provides certainty that the concept of such development is acceptable but the additional 2 floors is also likely to make schemes viable that previously weren’t.

It represents a great opportunity for small, rural commercial sites, for instance where there is a small 2 storey workshop as this could now be demolished and replaced with a 3 /4 storey home.

For the householder PD rights, the ability to provide a new storey opens up a great alternative to Dormer windows and loft conversions. The legislation has provision for the associated engineering operations and specifically cites foundations and wall strengthening as being allowed.

The right allows for the introduction of an additional story to give living accommodation providing a very large home. But perhaps the biggest advantage of the permitted development rights is for development in the Green Belt. Historically development in the Green Belt has to be limited to modest residential extensions, this right opens up some potentially enormous additions to an existing building that would normally be resisted by Local Authorities on the grounds of the harm that they would have on the openness of the Green Belt. This is a test that does not apply to permitted envelopment rights.

Use Classes Order (UCO)

The Government has announced fundamental changes to Town Centre Use Classes, which will provide greater flexibility for changes in uses without the need for planning permission.

From the 1 September 2020 a new use Class E will replace the following existing use classes:

Class A1 – shops;
Class A2 – financial and professional services;
Class A3 – restaurants and cafes; and
Class B1 – business.

This will mean that land or buildings utilised for the above uses will not need to obtain planning permission for changes within this use class.

There will also be a new Class F1 and F2, which will provide for change of use within each class.

Class F1 is for learning and non-residential institutions. Specifically, any use not including residential use:

(a) for the provision of education;
(b) for the display of works of art (otherwise than for sale or hire),
(c) as a museum,
(d) as a public library or public reading room,
(e) as a public hall or exhibition hall,
(f) for, or in connection with, public worship or religious instruction,
(g) as a law court.

Class F2 is for local community use. Specifically, any use as:

(a) a shop mostly selling essential goods, including food, to visiting members of the public in circumstances where—
(i) the shop’s premises cover an area not more than 280 metres square, and
(ii) there is no other such facility within 1000 metre radius of the shop’s location,
(b) a hall or meeting place for the principal use of the local community,
(c) an area or place for outdoor sport or recreation, not involving motorised vehicles or firearms,
(d) an indoor or outdoor swimming pool or skating rink.

Cinemas, concert halls pubs, wine bars and takeaways will become a sui generis use with no permitted changes.

Changes to the General Permitted Development Order

There are several new permitted development rights that have emerged, all of which relate to building upwards.

Demolition and Rebuild for Residential Use
Additional Storeys to Dwellinghouses
Additional Storeys to Create Dwellings

Demolition and Rebuild for Residential Use

Demolition of vacant and redundant free-standing buildings that fell within use class B1 and C3 on 12 March 2020, and their replacement with residential development. The rights apply to purpose-built residential blocks of flats only, and therefore do not apply to terraced buildings, detached dwellings or mixed-use buildings.

The rights only apply to buildings constructed prior to 1 January 1990 that have been entirely vacant for at least 6 months prior to the application for prior approval. The development, consisting of both demolition and replacement build, must be completed within three years of the date of the grant of prior approval.

There are various limits placed on the scale of the development permitted, including that it must be within the footprint of the original building with a footprint of up to 1,000 m2 and with a maximum height of 18m. This is subject to prior approval application in relation to the following criteria;

transport and highway impacts of the development,
contamination,
flooding risks,
impact of noise from other premises on the future residents,
design and external appearance of the new building,
adequacy of natural light in all habitable rooms of each new dwelling,
impact of the introduction of residential use into an area,
impact of the development on the amenity of the new building and of neighbouring premises,
impacts of noise from commercial premises,
impact on surrounding businesses, impact on heritage and archaeology,
method of demolition,
plans for landscaping and the impact on air traffic and defence.

The rights will not apply in Conservation Areas or to listed buildings or scheduled monuments.

Additional Storeys to Dwellinghouses

The new permitted development rights to allow existing houses to be extended by way of an additional 2 storeys. The rights apply to existing houses which are detached, semi-detached or in a terrace. They are subject to a maximum height limit of 18m, and where the house is in a terrace its height cannot be more than 3.5m higher than the next tallest house in the terrace.

The rights only apply to houses built between 1 July 1948 and 28 October 2018 and do not apply in Conservation Areas.

There is a requirement to obtain prior approval in relation to;

impact on the amenity of neighbouring premises,
external appearance,
impacts a taller building may have on air traffic and defence assets.

Additional Storeys to Create Dwellings

From 1 September the construction of up to 2 additional storeys on free standing blocks and on buildings in a terrace that are in certain commercial uses (including A1, A2, A3 and B1(a)), and in mixed uses with an element of housing, to create additional self-contained homes. The rights are subject to a maximum height limit of 30m for detached buildings and 18m for terraces.

A new Class AC and AD to Part 20 to the General Permitted Development Order will allow up to 2 additional storeys to be constructed on existing houses which are detached or in a terrace to create new self-contained homes. The rights are subject to a maximum height limit for the newly extended building of 18m and it cannot be more than 3.5m higher than the next tallest house in the terrace.

These rights apply to houses and buildings built between 1 July 1948 and 5 March 2018 and they have to have been in one of the relevant uses or mixed uses on 5 March 2018. The rights will not apply in Conservation Areas or to listed buildings or scheduled monuments.

There is a requirement to obtain prior approval in relation to the following;

transport and highway impacts of the development,
contamination and
flooding risks,
external appearance,
impact on amenity,
provision of adequate natural light in all habitable rooms of the new homes,
noise impact from existing commercial uses,
impact on surrounding businesses
impact on air traffic and defence assets.

For further information and clarification on these new permitted development rights, and changes to the Use Classes Order please don’t hesitate to contact us for a no obligation consultation to discuss your project.