The BBC have recently published an article on homeowners being able to add two more floors to their houses without needing full planning permission and allowing commercial premises to be demolished in favour of residential development. The main principle behind the changes are to provide more bedrooms, and to create additional apartments under permitted development

The article cites a government report about the quality of changes from commercial to residential property which have already taken place under ‘permitted development rights.’

July 2020 Report

The report states that the government consider the planning system as a ‘block on economic growth’ and this view is generally echoed among the property industry. However, if we remove the control afforded to local authorities, are we opening up opportunity for sub-standard design, and poor build quality?

Looking at the report, we can understand some of the advantages and disadvantages that such changes have had. The report sets out its main findings in the ‘Executive Summary’ (page 9). It compares changes operating under full planning consent and those made under permitted development.

Impact on quality of design?

The publication documents evidence from numerous case studies undertaken across England, reflecting a cross section of developments in diverse locations.

The results of the report showed that there were no significant differences between design changes made under full planning consent and those made under permitted development rights. The benefit is that under permitted development changes were able to be made swiftly, reducing the time waiting for full planning permission to be passed.

Where issues existed, they were summarised in the report as follows:

· In some cases, conversions led to limited space for owner occupancy under permitted development.

· There was concern too over a lack of natural light into a number of converted dwelling units.

· Notably, for larger scale conversions the access to amenity space was restrictive.

· Local authorities were inconsistent when handling prior approvals, and the submission of supporting documentation - specifically, floor plans with prior notifications were lacking.

However, socio-economic influences come into play when considering size of space and amenity levels. Land is costly; planners and developers have complex issues to address. The report indicates that a higher specification of materials used will protect the long-term resale value.

Removing the Red Tape

Using the government report as a backdrop, the issues highlighted in the BBC article are:

1) the move to let homeowners add two more stories to their properties

2) the ability for businesses to change the use of their buildings for residential use under permitted development rights.

The government’s stance is to remove the red tape, thereby allowing businesses to respond to current market needs and homeowners to be able to provide more bedrooms and space to accommodate their growing family needs – children and / or elderly relatives. The Housing Secretary, Robert Jenrick was reported saying he wished to “transform boarded-up buildings into safe, high quality homes.”

The Merits of Full Planning Permission

Evidence is highlighted in the article from a local housing official where assurances are given about the merits of full planning permission being obtained. With this type of planning permission, local residents and the council have the chance to ensure plans do not impact negatively on the area’s amenities, visual aspect and surrounding environment by commenting on applications. Where these comments are founded on planning policy they will be taken into consideration with any determination.

The Alternatives to full permission

Where there were negative connotations under ‘permitted development rights’, this was attributed to the lack of a detailed plan. It remains the developer or subsequent owner’s responsibility to check that the necessary planning approval is in place and / or conditions have been fully met.

To do so it is still possible to seek confirmation that a development is permitted using the following means:

A householder planning check - this will simply tell you if you need permission for your proposed works and what design considerations you need to comply with. This does not confirm that what you then build is definitely permissible.
Lawful Development Certificate - this can be used to formally confirm that the works completed do not require an application and are in fact lawfully completed in accordance with permitted development rules.
Prior notification - this can be used on certain developments to obtain ‘permission’ subject to certain criteria. For example on a Class Q barn conversion you would submit this, and you would then need to confirm that your floor area does not exceed 460sqm as one of the criteria.

In Conclusion

Floor plans as well as elevations, utility, and environmental plans are important considerations for any development. After all, permitted development rights come with their own restrictions and / or conditions.

Certain areas and buildings are protected and cannot be subjected to permitted development rights. Indeed, if the fabric of the building is to be altered in any way then there are stringent building regulations to satisfy. Careful attention to detail within technical drawings are vital – ask any architect! Where space is at a premium, an architect will help with creative design features and the planning negotiations for proposed permitted development rights. This all saves both developer and property owner cause for concern.