NEW PD Rights for 2-storey Upward Extensions on Apartments

A new permitted development (PD) right will allow two-storey upward extensions on purpose-built detached blocks of apartments from 1st August 2020.  The right will only apply to buildings which are currently three storeys or more in height and the extended building must not exceed 30 metres in total height. The new homes created must also be flats.  The PD right only applies to buildings built after 1 July 1948 and before 5 March 2018 and excludes those buildings which converted to use as flats under permitted development rights. It also does not include flats  within certain areas such as Conservation Areas, Listed Buildings, Sites of Special Scientific Interest etc. Other criteria for compliance with the new PD right include that the height of the extension itself cannot be greater than 7 metres compared to the highest part of the existing roof and each new storey cannot individually exceed 3 metres in height. Before commencing development, an application must be made to the local planning authority to seek Prior Approval for the approval. Only if Prior Approval is granted will the extension upwards be permitted under the new regulations.  Conditions for local authority consideration in assessing Prior Approval notifications include: transport and highways impacts; air traffic and defence asset impacts; and contamination and flooding risks.  Councils can also take into account the building's external appearance; the provision of adequate natural light in all habitable rooms; the 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 upon a protected view. If you would like any assistance with interpreting these new regulations or to seek Prior Approval, please do give us a call.

Photo © Luke van Zyl