More permitted development changes on the horizon

The next two rounds in a continual series of government amendments to broaden the scope of permitted development rights are currently underway.

A change to increase the number of buildings eligible for commercial to residential conversion will come into effect on 5 March 2024, and a consultation on a range of further measures to reduce the need to obtain planning permission is open for responses until 9 April 2024.

This follows changes in December, many of which focussed on allowing greater freedom for installation of solar panels. 

Commercial to residential conversions 

To make more existing commercial premises eligible for conversion, government is removing two key limitations. 

1. Vacancy – Buildings will no longer need to have been vacant for a minimum continuous period of three months immediately before the prior approval application is made 

2. Size – Buildings of any size will be eligible, with the cumulative floorspace limit of 1,500 square metres being removed. 

We will be updating our website content to account for these changes, and removing the two questions that enforced these eligibility criteria in our online application system. We hope to have this in place shortly after the changes take effect on 5 March 2024. 

Consultation on ‘changes to various permitted development rights’

The latest consultation on permitted development rights is open for responses until 9 April 2024.

At a high level, it seeks opinions on government’s intentions to allow more of the following developments:

Improvement and enlargement of homes – By allowing more householders to erect larger extensions, loft extensions, and make additions and alterations to the roof; and providing further flexibilities to permit bin and bike stores in front gardens.

Upward extension of existing buildings – By making buildings constructed before 1 July 1948 eligible, seeing whether the prior approval process can be streamlined or simplified, and considering how any existing leaseholders in the building can safeguarded.

Demolition of buildings to rebuild as homes – By making buildings constructed from 1990 onwards eligible (but removing eligibility for those built before 1930), allowing the rebuild to exceed the original building’s footprint in certain cases, and seeing whether the prior approval process can be streamlined or simplified.

Installation of electrical outlets and upstands for recharging electric vehicles – By removing limits on where installation within off-street parking areas can take place, as well as raising the height restrictions for upstands and allowing certain equipment housing or storage cabinets to be installed in non-domestic locations.

Installation of air source heat pumps – By removing the current limitation on installations within one metre of property boundaries (but still ensuring proper consideration of noise), increasing the number of installations per building (with potential need to seek prior approval for more than one), and examining the other current limitations and conditions.

We will be watching for the outcome of this consultation, as it will likely signal further updates to our website content and certain prior approval applications. It may also introduce new types of prior approval applications. 

To this end, we will also be responding to the consultation questions on ‘potential impacts to businesses, local planning authorities, and communities’ to ensure that government understand how any such changes could be implemented in way that works best for those utilising and benefitting from the guidance, online application services and standardised data we provide.