Permitted development rights and maximising development potential

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Many building operations and changes of use can be carried out without the need for planning permission.  This may be because they are not ‘material’, or because they don’t constitute ‘operational development’.

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Additionally, some building operations and changes of use may be ‘permitted development’.  That is, they do not require planning permission, provided that they meet various conditions and restrictions.

In recent years, the Government has significantly increased these permitted development rights to include a far greater range of developments and uses.  The latest amendments to the General Permitted Development Order and the Use Classes Order came into force in August and September 2020.  These new rights are extensive, but include matters such as:

  • The construction of up to two additional storeys of new dwellings immediately above a purpose built block of flats;

  • The construction of up to two additional storeys on top of an existing two or more storey dwelling, or one storey on top of an existing one storey dwelling;

  • The construction of up to two additional storeys of new dwellings on top of some detached commercial buildings;

  • The demolition of some detached blocks of flats, or detached buildings in B1 use, and their replacement with a dwelling or a block of flats;

  • Amendments to the Use Classes Order to create a new ‘Class E’ (commercial, business and service uses), thus giving much greater flexibility, and enabling a wide range of commercial uses to take place, in locations such as town centres.

The rules and restrictions are fairly complex, and some of these rights are qualified by the need to make an application for ‘prior approval’.  However, this should be a simpler and faster process, requiring less supporting information, than planning applications. As Richard Asbury of Maack Architects (https://www.maack.co.uk/) notes:

““There are a lot of opportunities to use clever design and experience to maximise the release of additional value from properties.  For example, there is a huge amount of roofspace which could be used to deliver more high quality homes, whilst the conversion of existing commercial premises offer new opportunities to Landlords affected by the pandemic.””

Couper Planning Services has extensive knowledge of these rights, the application process and appeals. For further advice on permitted development rights, the prior approval procedure and how to maximise the potential of your property, please do get in touch.