A new permitted development right will come into force on 31 August 2020 to allow demolition and rebuilding of vacant and redundant free-standing commercial and light industrial premises, and residential blocks of flats, as new residential units. At the same time the right will allow up to 2 storeys to be added to the height of the original building, to help create more homes, as long as the resulting residential building is no higher than 18 metres.

This right will apply to buildings that fell within use class B1 and C3 on 12 March 2020, were constructed prior to 1 January 1990 and have been entirely vacant for at least 6 months before the application for prior approval.

There are various limits placed on the scale of the development permitted, including that it must be within the footprint of the original building with a footprint of up to 1,000 sq m and with a maximum height of 18m. There is a requirement to obtain prior approval in relation to the transport and highway impacts of the development, contamination and flooding risks, the impact of noise from other premises on the future residents, design and external appearance of the new building, the adequacy of natural light in all habitable rooms of each new dwelling, the impact of the introduction of residential use into an area, and the impact of the development on the amenity of the new building and of neighbouring premises, impacts of noise from commercial premises, the impact on surrounding businesses, impact on heritage and archaeology, the method of demolition, plans for landscaping and the impact on air traffic and defence. The rights will not apply in Conservation Areas or to listed buildings or scheduled monuments.

The development, consisting of both demolition and replacement build, must be completed within three years of the date of the grant of prior approval.

Please contact us for further information or assistance with a Prior Approval application for Demolition and Rebuild for Residential Use.