The New General Permitted Development Orders.
In September 2020 new Permitted Development Rights known as PDR’s, were introduced furthering the scope for certain types of development that don't require full planning permission; they appear to have radically expanded on the previous, more limited rules, amending the Town and Country General Permitted (Development) (England) (Order) 2015.
As with previous PDR’s, formal planning permission is not required. Instead a developer must seek approval from their local planning authority that the development ticks a multitude of boxes before work can proceed. This approval system is known as Prior Approval.
Prior approval is in the realms of rubber stamping and should in theory offer a faster, less expensive and less detailed method of application than planning permission. Ultimately it’s primary function is to remove the discretionary power that planning officers wield.
That said, prior approval won’t be granted if the application hasn't been put in properly or to put it in more legalistic terms - is deemed not to adhere to certain specific procedural criteria. Development also won’t be permitted if certain stipulations within the legislation are not met, and to be honest, and there are some pretty tough ones in the list.
We've had a look at the statute book; there are three new sets of rights which, in highly summarized form, are:
1.Construction of New dwellinghouses on detached blocks of flats.
This new PDR (Class A) has been introduced by Town and Country Planning ( Permitted Development and Miscellaneous Amendments) ( England) Corona Virus Regulations SI 2020/632 which came into force on 1 August 2020, the main substance being at Part 20.
Class A - This first right allows for an existing detached block of flats to have the addition of more flats by building them on top of the topmost storey.
2) Enlargement of a dwellinghouse by construction of additional storeys.
The second set of PDRs (Class AA) has been introduced in the Town and Planning General Permitted Development (England) (Amendment) (no.2) Order which came into force on 31 August 2020.
This second set of rights also concerns upwards extensions, but not solely to existing flats, as can be seen by the differing extents of A class.
Single detached houses, terraced houses, and mixed use premises that contain existing residential elements may, by constructing up to two additional storeys, provide further living space (Class, C3 dwellings ) on top.
Class AA - Enlargement of a dwellinghouse by construction of additional storeys
Class AA - New dwellinghouses on detached buildings in commercial or mixed use
Class AB - New dwellinghouses on terrace buildings in commercial or mixed use
Class AC - New dwellinghouses on terrace buildings in use as dwellinghouses
Class AD - New dwellinghouses on detached buildings in use as dwellinghouses
3. Class ZA Demolition of buildings and construction of new dwellinghouses in their place.
The third set of amendments (Class ZA) are found in the Town and Planning General permitted development (England) (Amendment) (No.3) Order which also came into force on 31 August 2020.
In contrast to the extension of properties to develop self-contained homes, it establishes PDRs (new Class ZA), to allow for the demolition of specific types of buildings so that construction of new residential buildings take their place.
The building must have been vacant for at least six months prior to the demolition.
Standby for updates as to how these regulations may or may not work in practice.