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Time limited PD rights for rear extensions made permanent

by on May 16, 2019

Following the consultation ‘Planning reforms – supporting the high street and increasing the delivery of new homes’, the government has announced a change to part one of the General Permitted Development Order that makes permanent the increased size limits for single-storey rear extensions that were previously time limited and due to expire on 30 May 2019.

Any such proposals will still be subject to the associated neighbour consultation scheme and this requires that the relevant Local Planning Authority is informed of the proposed work via a prior approval application.

The government state that “Any existing Article 4 direction in respect of larger extensions to dwellinghouses will remain in force unless it is expressly time limited. Applicants will no longer be required to notify the local planning authority that the development is complete.”
An appropriate fee will be introduced for the prior approval application for this right.  (http://www.legislation.gov.uk/uksi/2019/907/memorandum/contents)

The Planning Portal guidance has been updated accordingly and further changes will be made to the site once the changes come into force. The details of the above are outlined in SI 2019 907 – The Town and Country Planning (Permitted Development, Advertisement and Compensation Amendments) (England) Regulations 2019 which comes into force on 25 May 2019.

Other changes coming into force on 25 May

Other amendments made to Permitted Development rights that take effect on 25 May 2019 include:

  • Allowing change of use from Class A1 (shops), Class A2 (financial and professional services), or Class A5 (hot food takeaways) or a betting shop, pay day loan shop or launderette, to a use falling within Class B1(a) (offices)a subject to limits and conditions including the submission of a prior approval application.
  • Allowing change of use from Class A5 (hot food takeaways) to Class C3 (dwellinghouses) subject to limits and conditions including the submission of a prior approval application.
  • Clarifying that the limit of floor space for any dwellinghouse created by Class Q of Part 3 of Schedule 2 is 465 square metres.
  • Amending Part 4 Class D (shops, financial, cafes, takeaway etc to temporary flexible use) so that flexible use is allowed for a period of up to three years and now also includes
    • Class D1(a) the provision of any medical or health services except the use of premises attached to the residence of the consultant or practitioner,
    • Class D1(d) the display of works of art (otherwise than for sale or hire),
    • Class D1(e) museum,
    • Class D1(f) public library or public reading room, and
    • Class D1(g) public hall or exhibition hall.
  • Removing the permitted development right that allow the installation, alteration or replacement of public call boxes
  • Removing the deemed consent which allows an advertisement to be placed on a single side of a telephone kiosk
  • Increasing to the height limit from 1.6m to 2.3m for charging upstands for electrical vehicles in an off-street parking space. Within the curtilage of a dwellinghouse or block of flats the existing height limit of 1.6 metres will remain.

Other changes confirmed

Following the consultation, government has also said that they will proceed with the following items:

  • Amendment of use class A1 (shops)
  • A new Listed building consent order to allow minor routine works to the Canal and River Trust’s listed waterway structures
  • The production of new guidance on the compulsory purchase powers of new town development corporations.

 

The government will not be proceeding with the following items:

  • Extending the time-limited right for change of use from B8 (storage) to C3 (dwellinghouses). This right will therefore expire, with the last valid ‘prior approval date’ being 9 June 2019.

To be further considered

The government has also said in their response to the consultation that they will further consider the following items:

  • A permitted development right to extend upwards certain existing buildings in commercial and residential use to deliver additional homes.
  • New permitted development rights for commercial buildings to be demolished and replaced with homes
  • Extending the freedom of local authorities to dispose of surplus land

Planning Portal content will be updated on 25 May.

3 Comments
  1. Tim Isbell permalink

    If you obtained a time limited prior notification consent for an extension that was due to expire on 30 May 2019 but it wasn’t started (never built) do you need to re-apply or is it accepted that the proposal would now automatically fall within PD rights ? If so, and you then build the extension, would it be prudent to get a Lawful Development Certificate to prove its OK to any prospective purchaser ?

    • Planning Portal Content Team permalink

      Tim,

      If the consent itself states 30th May 2019 as the expiry date, then that may well still stand (i.e. as a condition on that consent).

      While the right has been made permanent, the requirement for prior notification for larger home extensions remains in place. So you may need to re-apply for that prior notification consent if the existing one has expired.

      We would therefore recommend that you confirm this (or that the previous consent remains valid) with the Local Authority and, if necessary, obtain a hard copy of their response as proof.

      A lawful development certificate would seem less suitable here, based on the continued need for a prior notification (i.e. the development is unlikely to be considered lawful without a valid prior notification consent).

      Obviously, this is informal advice based on your comment. But hope it helps!

  2. Geoff Wells permalink

    Can anyone give me an explanation of what is affordable housing? As some affordable properties here in Brighton start at well over £400-000, with Studios at around £ 190-000. Not very affordable for low wage earners!
    Geoff Wells

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