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gillyu

Qu on new Permitted Development rules 1 Sep 2020

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Hi - question for someone who has had a close look over the new Town and Country Planning (General Permitted Development) (England) (Amendment) (No.2) Order 2020..... my understanding is that it amends the 2015 Order. However, I seem to have hit a stumbling block.... The new Order introduces a new class "AA" to allow enlargement of a dwellinghouse up to "two additional storeys" where existing house consists of 2 or more storeys..." However, it then defines what "development is NOT permitted under this class AA if...... (c) the dwellinghouse was constructed before 1 Jul 1948 or after 28th October 2018"!!

So, to my question - if I have a property that was built in 1904 (ie built before 1948), does this mean I will not be able to add a storey or two to the property under these new Permitted Development rules (effective from 1 Sep 2020)? If this is the case, what is the logic here? Is the government seeking to prevent properties built before 1 July 1948 from being built on... or am I missing something? If it is correct, and I cannot build under PD, then the fact that this new Order allows for one/ storey add ons, will this mean if I apply under a "full application" (as opposed to PD), the Council may likely approve based on this Order... assuming I do not fall foul of other planning issues? I just find it odd, only properties between 1948-2018 can be in the order and no others... unless I have completely misunderstood the Order... Your thoughts please!! 

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Hi Gillyu,

You are correct - this amends the 2015 order (which has itself been amended a number of other times!) by adding in a few clauses, including the one you refer to. 

The new PD rights are restricted to properties that were built between July 1st 1948 and October 28th 2018 - if you property was built outside this window then it does not qualify for these PD rights, and you would have to apply for full planning permission for additional storeys. With regards to the Government's logic, I do not know - 1948 was when the planning system was introduced to the UK, but other than that it appears to be plucked out of thin air...

Sadly, it is unlikely that it will benefit you in any way if your property falls outside of the restrictions. Ultimately there is no "fallback" position, i.e. you could do it under PD rather than full planning so they would be more likely to grant full planning permission, so there is no added incentive for the Local Authority to grant permission. I suppose if the houses either side did qualify for the PD changes you could make the argument that they could be two storeys higher, so yours should be allowed to extend upwards as well, but I think this is a relatively weak argument without the presence of at least applications on the other two properties.

Hope this helps!

Tom

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