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Permitted Development Rights

on Tuesday, 24 May 2016.

The UK Government has introduced a new statutory instrument which came into force on 6 April 2016 and extends current Permitted Development Rights across England. These rights have...

The UK Government has introduced a new statutory instrument which came into force on 6 April 2016 and extends current Permitted Development Rights across England. These rights have been instrumental in maintaining rates of house building since 2010.

Permitted Development Rights are a national scheme for planning permission which allows certain works and changes of building use to be carried out without the need to apply for planning permission (or with prior approval of the local authority only). The scheme was introduced in 2010 and changes have been made regularly to the rules.

In 2013, the Government added a temporary clause into the rules relating to permitted development rights, to run until May 2016, which allowed conversion of office space into residential use subject to an application for 'prior approval' covering aspects such as highways and noise.

This scheme has proved highly popular and has made such an impact on government targets for provision of new housing that under the new changes this provision has been made permanent. However, conditions have been imposed including a stipulation that development from office to residential use must be completed within three years from the prior approval date. This means that a three year completion period from prior approval still applies to developers.

The scheme has been extended to allow residential conversion of premises which have been in light industrial use. However any applications in relation to this need to be received by 30 September 2017. There are other changes which have been made, including adding launderettes to the types of building uses that are allowed under the permitted development rights.

The new changes still do not permit demolition and rebuilding and therefore this is strictly in relation to refurbishment of existing buildings.

The new changes means that there is certainty regarding the ability for re-development. Owners of vacant office space (and prior to 30 September 2017, light industrial stock), should consider whether to market property for the purposes of redevelopment using the permitted development rights.

If you require advice in relation to planning issues please contact David Bird  in our Commercial Property Law Team on 0117 314 5382.