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More planning ideas to ensure you make the very best of your new kitchen refurb or extension space…

What are the new Permitted Development Rights?

There are two major changes in the General Permitted Development Order (GPDO), which came into effect in August 2020. Several new Permitted Development Rights for rooftop extensions and new dwellings have been introduced. These new rights make it easier for homeowners and developers to add more space or build more homes. They are part of an initiative to revitalise town centres and remove planning obstacles.

  • The first new PD right allows for the extension of existing buildings through the addition of 1-2 storeys.
  • The second new PD right allows for demolishing and reconstructing buildings, including adding storeys.
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Whilst development under the new PD rights won’t require planning, you are required to apply for Prior Approval. The process is described in this article.

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Architecture for London have recently gained prior approval under the new PD rights for an upward extension to create a second floor to this C20th house in north London

What are the new Permitted Development Rights?

When looking to build, change, or extend your property, you often rely on obtaining planning permission from your Local Authority.

However, there are types of development that you do not need to seek planning for. These have been granted general permission by Parliament and are called Permitted Development Rights.

The principal order which lists Permitted Development Rights can be found here.

Architecture for London have recently gained prior approval under the new PD rights for an upward extension to create a second floor to this C20th house in north London

The rules are different depending on the type of property you own; residential or commercial. Furthermore, there are differing rules for residential and commercial subtypes, i.e. flats, maisonettes, pubs, offices and industries.

If you are a householder, we recommend you also have a read through our earlier post on Permitted Development for House Extensions.

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How are Permitted Development Rights changing from 2020?

Rooftop extensions with up to 2 additional storeys of residential use:

These new Permitted Development Rights apply to certain commercial, residential and mixed-use buildings. Due to the format of the GPDO, the Permitted Development Rights are split up in different Parts, under several Classes.

These latest amendments include changes to Part I (relating to extending a single house) and the addition of Part 20 (relating to the creation of new flats above residential or commercial buildings)

Many of the constraints are the same across these classes, as they are effectively part of the same idea of allowing upward residential extensions.

Part I – Development of dwellinghouses

This first part of the new Permitted Development Rights concerns changes within the curtilage of a house. Class AA will allow you to extend by up to two storeys directly above the existing house. If your building is single storey, you are limited to one additional storey.

To benefit, the building has to have been constructed between July 1948 and October 2018. Similarly to class A, there are limitations on materials being similar to those of the existing house and the roof pitch being the same. You’re also not allowed to add any windows to the side elevations of the house.

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Architecture for London gained one of the first prior approvals for upward extension of a house, granted in December 2020.