New permitted development rights were introduced on 1 August 2020 to allow the creation of new homes and living space through upward extensions. These Regulations allow purpose-built freestanding blocks of flats of three storeys or more to extend upwards by up to 2 additional storeys to create new homes, up to a height of 30m. The upward extension cannot be any more than 7 metres.

The permitted development rights will require prior approval from the local planning authority which must consider the highways and air traffic impacts of the proposed development, contamination and flooding risks, the external appearance of the building, the provision of adequate natural light in the new dwellings, the impact on the amenity of existing and neighbouring premises and any impact on a protected view. The application for prior approval must be accompanied by various information, including floor plans showing the dimensions and proposed use of each room as well as the position and dimensions of windows, doors and walls.

These new rights do not apply to a building which is listed or a scheduled monument, is located in a conservation area, AONB or National Park, on a site of special scientific interest, a safety hazard area, a military explosives storage area or within 3 kilometres of an aerodrome.

A second phase of new permitted development rights to build upwards come into force on 31 August 2020 and can be accessed here.

These regulations introduce four new permitted development rights as follows:

  • Class AA which “permits construction of up to two new storeys of flats on top of detached buildings in commercial or mixed use, including where there is an element of residential use”;
  • Class AB which “permits the construction of new flats on top of terrace buildings (including semi-detached buildings) in commercial or mixed (including residential) use”;
  • Class AC which “permits the construction of new flats on top of terrace dwellinghouses (including semi-detached houses)”;
  • Class AD which “permits the construction of new flats on top of detached dwellinghouses.

These rights apply to houses and buildings built between 1 July 1948 and 5 March 2018 and they have to have been in one of the relevant uses or mixed uses on 5 March 2018. The rights will not apply in Conservation Areas or to listed buildings or scheduled monuments.

There is a requirement to obtain prior approval in relation to the transport and highway impacts of the development, contamination and flooding risks, the external appearance, impact on amenity, the provision of adequate natural light in all habitable rooms of the new homes, noise impact from existing commercial uses, impact on surrounding businesses and the impact on air traffic and defence assets.

These regulations will also confer permanent permitted development rights to allow existing houses to be extended by way of the addition of up to 2 storeys. The rights apply to existing houses which are detached, semi-detached or in a terrace. They are subject to a maximum height limit of 18m, and where the house is in a terrace its height cannot be more than 3.5m higher than the next tallest house in the terrace. The rights only apply to houses built between 1 July 1948 and 28 October 2018 and do not apply in Conservation Areas. There is a requirement to obtain prior approval in relation to the impact on the amenity of neighbouring premises, the external appearance, and the impacts a taller building may have on air traffic and defence assets.

Please contact us for further information or assistance with a Prior Approval application for an Upward Extension.