New permitted development rights
As from 30 May 2013, new changes have come into force in respect of further permitted development rights for certain building works and changes of use without the need to apply for planning permission. Despite most Council’s, including ourselves, having raised objections to these planned changes, this has nationally been brought in to encourage development to take place and speed up its delivery by removing local authority control in an attempt to revive the economy. There are a number of changes, which are as follows:
Single storey rear extension to houses:
At present, it is possible to build a 4 metre deep single storey rear extension onto the original rear wall of a detached house and a 3 metre deep single storey rear extension onto an attached house as permitted development, i.e. without the need for planning permission. This right remains, but a new procedure (called “prior approval”) is to be introduced which may allow extensions up to double this size without planning permission (up to 8 metres deep for a detached house and 6 metres deep for an attached house). This does not apply in conservation areas, though.
The process for all other extension works under Part 1 of the GPDO will remain the same (i.e. no more than half the garden area around the house etc), but anyone proposing a 3m-6m or 4m-8m extension must write and provide a plan and written description of the proposal. There is no planning application fee.
The Council is required to consult the immediately adjoining premises only, with a minimum consultation period of 21 days. If no objections are received from the consulted adjoining neighbours, the development can go ahead. If an adjoining neighbour objects, then the prior approval of the local planning authority is required. Planning Officers will then need to consider the impact of the development only on the amenity of the immediate neighbours. Other factors, such as green belt, design and appearance cannot be considered under this prior approval procedure. Only where there is clearly excessive harm to neighbouring amenity will Officers be in a position to refuse prior approval.
This whole process has to be done within a total of 42 days from first receipt of the information submitted, otherwise, no matter whether there is an objection from an immediate neighbour or from the Council, the development can proceed. There is a right of appeal against a refusal.
The legislation requires that any 3m-6m or 4m-8m extension “shall be completed on or before 30th May 2016″. It is therefore a temporary additional permitted development right for 3 years only.
The legislation also requires that “the developer shall notify the local planning authority of the completion of the development as soon as reasonably practicable after completion”.
Change of Use
(please note that none of the below changes of use are relevant to listed buildings, but they can be carried out in conservation areas).
• Premises in Class B1(a) office use will be able to change to Class C3 residential use so long as the C3 use starts on or before 30 May 2016. This is only subject to a prior approval process whereby the developer shall apply to the Council for a determination as to whether prior approval is required only in respect of flooding, highway and transport issues and contamination. There are no other considerations. The determination will have to be made by the Council within 56 days and in this case, a fee, believed at this stage to be £80.00, is required. There was an opportunity to be exempt from this permitted change of use and we as a Council made a strong case in order to protect our local town centre and employment areas. However, we, along with many others, were unsuccessful and only 17 authorities across England (including 11 inner London boroughs) have been given change of use exemption. Again, this is a temporary additional permitted development right in that no change of use can take place after 30 May 2016, but if the use has started before then, it can continue. • Parts of buildings under 150 metres within Class A1 – A5, B1, D1 and D2 will be permitted to change to a flexible use falling within Class A1 (shops), A2 (financial and professional services), A3 (restaurants) or B1 (business). For a one off period of up to 2 years, the developer only needs to notify (and therefore there is no prior approval considerations) the Council beforehand and in this time period, it can move between other uses in this flexible use. After 2 years, the use reverts back. This applies even in the Local Plan key retail frontages.
• Agricultural buildings (cumulatively)|under 500 square metres in floor space used solely in agriculture before 3 July 2012 or for 10 years after that date, can change to a flexible use falling within Class A1-A3, B1 (business), B8 (storage and distribution), C1 (hotel) or D2 (assembly and leisure). This flexible use will then be classed as “sui generis” such that any further changes of use outside the flexible uses require planning permission. In the case where the floor space does not exceed 150 metres, the developer merely has to notify the Council of the change. If it exceeds 150 metres, the developer has to apply to the Council for a determination as to whether prior approval is required and we can only take account of flooding, highway and transport issues, noise and contamination can be considered through consultation with statutory undertakers. Therefore there are no other considerations. The determination has to be made by the Council within 56 days.
• Buildings within Class B1, C1, C2, C2a, D1 and D2 will be able to change to a state funded school. The developer shall apply to the Council for a determination as to whether prior approval but we can only consider against highway and transport issues, noise and contamination. There are no other considerations. The determination will have to be made by the Council within 56 days.
• The use of any building as a state-funded school for a single academic year will be permitted. It then reverts back to its previous use at the end of the academic year. The site must however, be approved for such purpose by the relevant Minister.
Temporary Increased Thresholds for Offices
Increases Permitted Development threshold to erect, extend or alter office premises from 25% of gross floor space or 100 square metres (whichever is the lesser) to 50% or 200 square metres. The new permitted development right is temporary and will expire on 30th May 2016. The developer must notify us in writing when the development is complete
Temporary Increased Thresholds for Shops, Catering, Professional or Financial Services
Increases PD threshold to erect, extend or alter a shop, catering, professional or financial services establishment from 25% of gross floor space or 100 square metres (whichever is the lesser) to 50% or 200 square metres. The new permitted development right is temporary and will expire on 30th May 2016. The exclusion of development within 2 metres of the boundary of the curtilage is removed during the same period except in relation to premises which adjoin land or buildings in residential use. The developer must notify us in writing when the development is complete.
Temporary Increased Thresholds for Industrial and Warehouse Use Classes
Increases PD threshold to erect, extend or alter industrial and warehouse premises from 25% of gross floor space or 100 square metres (whichever is the lesser) to 50% or 200 square metres. The new permitted development right is temporary and will expire on 30th May 2016. Developers must notify us of completion.
The construction, installation or replacement of telegraph poles, cabinets or lines for fixed-line broadband services will not require prior approval in Conservation Areas for a 5 year period. Development must be completed before 30th May 2018.
Extensions permitted to temporary schools
Buildings which qualify for the right to change temporarily to school use are also given the benefit of existing permitted development rights which allow schools to carry out building works (including the erection, extension or alteration of buildings and the provision of hard surfaces) subject to various conditions and limitations. This will apply from the date we are notified by the relevant Minister that the site has been approved for school use.