Upwards Extensions - Flats

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17/07/2020 - Latest News

New rules allowing blocks of flats to be extended upwards by two storeys to create new homes together with limited associated works, without the need for planning permission come into force on 1 August. This will only apply to purpose-built, detached blocks of flats built after 1 July 1948 and before 5 July 2018.

To benefit from the new permitted development right:

  • buildings must be at least three storeys, measured from ground level, and the finished extended building (not including plant) must not be higher than 30 metres.

  • the floor to ceiling height of any additional storey should not be more than 3 meters in height or be more than the floor to ceiling height of any of the existing storeys, whichever is lesser measured externally.

  • the overall height of the roof of the extended building must be no higher than 7 metres above the highest part of the existing roof (not including existing plant).

It should be noted development will not be permitted if the additional storeys are not constructed on the principal part of the building. This is the main part of the building excluding any extensions at a lower height, whether it is part of the original development or added at a later stage.
The new permitted development right states developers must apply for prior approval. This is unlike other prior approvals which states developers must apply to the local planning authority for a determination as to whether the prior approval of the authority will be required. In addition to the provisions in Paragraph B of Schedule 2, Part 20, Class A, the following prior approval matters are applicable:

  • the impact of the development on transport and highways, air traffic and defence assets

  • contamination and flooding risks

  • the external appearance of the building;

  • the provision of adequate natural light in all habitable rooms of the new flats.

  • the impact on residential amenity of the existing building and neighbouring premises including overlooking, privacy and the loss of light; and

  • whether because of the siting of the building, the development will impact on a protected view.

As mentioned in our news article on 14 July 2020, developers now need to consider the provision of natural light in all habitable rooms of the dwellinghouses. There are also requirements for submissions to include the provision of a floor plan with dimensions and proposed use of each room, the position and dimensions of doors, windows, walls; and elevations of the building / dwellinghouse. Requirements including a written description and other information set out in Paragraph B. (2a-b) are to be submitted.
Local Planning Authorities may require [Paragraph B (14)] developers to submit information the authority may reasonably require in order to determine the application. This may include assessments of impacts or risks and statements setting out how impacts or risks are to be mitigated, having regard to the NPPF including details of proposed building or other operations. This appears to leave the door open to requests for documents addressing a wide variety of matters in addition to that required to be submitted under Paragraph A.2 and the provisions in Paragraph B.

Contact us if you have any questions or require any advice.