Planned amendments to the Permitted Development Rights
Building Relationships

Planned amendments to the Permitted Development Rights (England) Order 2015.

 

“Whilst a developer may have permission to build an additional two storeys under the new planning legislation, this does not mean that there are not private rights belonging to the surrounding properties that need to be dealt with; rights of light being an example.”

Richard Howard, Associate, Bristol

 “In our experience the approach to daylight can vary between local authorities and care should be taken to ensure that the information presented with the prior approval is complete and clearly sets out the levels of daylight to the habitable rooms; using an already recognised measure of daylight may prove important in reassuring the local authority that the daylight will be sufficient.” 

Tom Kibblewhite, Director, Manchester

 

The Government see this amendment as an important step in providing a light touch planning system that encourages the construction of new homes; providing a boost to enable more homes to be built is a priority for the Government. The amendments are also seen by Government as a crucial part of restoring energy and momentum into the economy post COVID-19 by enabling homes to be provided more easily.

 

Whilst this amendment does provide greater flexibility for developers to provide new homes the usual pre development due diligence will be even more important with regard to the rights of neighbours, both within blocks to be extended upwards and those surrounding. Key considerations will be;

 

  •    Rights to light – a private property right that is not affected by the new permitted development rights.

 

  •    Party Wall matters – Works to create additional storeys may well require notice to existing tenants of the existing block.

 

  •     Access agreements – Oversailing the land or buildings of adjacent owners with a scaffold or crane will need to be agreed in writing where other statutory access rights (the Party Wall Etc. Act or Access to Neighboring land Act) cannot be applied.

 

  •     Daylight and sunlight amenity – What will the natural light be like within the habitable rooms of the permitted development? What is the potential impact on the natural light to surrounding habitable rooms too?

  •      Landlord and Tenant – Where a lease exists a careful review of the covenants surrounding the ability to undertake development works will be needed, along with consideration of a tenants right to quite enjoyment of the premises.

 

Here are some of the amendments that have caught the eye of our neighborly matters team.

 

Adding New Floors to Existing Block of Flats

 

 

The amendments will add a new part 20 to permit the construction of new homesontopofexistingdetachedpurpose-builtblocksofflatsthatarealready over 3 storeys. The Government has been reviewing planning on this point for some time and appears to be reacting to the opinion and sentiment gathered in the Planning Reform: Supporting the high street and increasing the deliveryof new homes (October 2018).The new rights limit the upwards extension to an additional two floors, but also allow the replacement or installation of additional plant, engineering operations, construction of safe access an egress to the new homes and ancillary facilities, if needed.

 

 

 The right is subject to a maximum height limited of 30 metres for the completed extended block and will require priorapprovalfromthelocalplanningauthority.Inadditiontotheusualconsideredmatterspart20developments willalsoneedtoconsidertheimpactthetallerbuildingwillhaveonairtrafficanddefenceassetsandonprotected vistas inLondon.

The prior approval will also now include consideration in respect of the provision of adequate natural light in all habitable rooms of the new homes.

 

“It is great to see the government freeing constraints from the planning system. It is also pleasing to note the importance of natural daylight in new homes is being recognised and safeguarded. What willneedtobecarefullyconsideredbydevelopersconsideringtheuse of the new part 20 is the impact on the light to the surrounding properties. Whilst a developer may have permission to build an additional two storeys under the new planning legislation, this does not mean that there are not private rights belonging to the surroundingpropertiesthatneedtobedealtwith;rightsoflightbeing anexample.”

Richard Howard, Associate, Bristol

 

Improving Natural Light in New Homes

 

 

A key message across the amendments is that of ensuring that adequate natural light is provided to all habitable rooms. The amendments place a natural light at the heart of the prior approval process which will apply to developments to be delivered by Class M, N, O, PA and Q

in Part3 of Schedule 2 the General Permitted Development Order and also in the new Class A of Part 20.Detailed, dimensioned floor plans showing the proposed use of each room, the location and size of windows, doors and wall and elevations of the homes are to be submitted as part of the prior approval application.

However, it is interesting to note that whilst the amendments to class O (office to residential) requires adequate natural light to be provided to habitable rooms,it does not give rights to insert new windows under the permitted development route.

 

Without demonstrating that adequate natural light will be provided in the new habitable rooms the planning authority have a mandatory requirement to refuse the prior application.

“Whilst it is pleasing to see that the amendments are placing a greater onus on natural light in new homes,

there will be situations where demonstrating this is problematic. The amendments do not, for example, state what level of natural light is considered to be ‘adequate’; the level of natural light needed may then be at the discretion of the local authority considering the prior approval. In our experience the approach to daylight can vary between

 

local authorities and care should be taken to ensure that the information presented with the prior approval is complete and clearly sets out the levels of daylight to the habitable rooms; using an already recognised measure of daylight may prove important in reassuring the local authority that the daylight will be sufficient.”

 Tom Kibblewhite, Director, Manchester

 

Watts have extensive experience in providing pre-development advice and neighbourly matters advice, if you would like to discuss your matter please feel free to contact us.

 

The Watts Bulletin is the technical companion to the Watts Pocket Handbook, the essential guide to property and construction, as used by professionals since 1983.

Watts Bulletin editor: Trevor Rushton.