New dwellinghouses on terraced buildings in commercial or Mixed use

Step 1 – Consider Exemptions

• The Local Planning Authorities (LPA) have areas where these PD rights will not apply including:
• If the building is within article 2(3) land – Conservation Area, AONB, the Broads, National Park or World Heritage Site
• If it forms part of a site of special scientific interest (SSSI)
• Is a Listed Building or scheduled monument or within the curtilage of such buildings
• If it forms part of a safety hazard area or military explosive storage area
• The building is within 3km of an aerodrome

Step 2 – Confirm Compliance

• The terrace building must have:
  • Been constructed after 1st July 1948 or before 5th March 2018
  • Been in mixed use on 5th March 2018 as any combination of shops, financial and professional services, restaurant and cafes, offices, betting office, pay day loan shop, laundrette or a use falling within C3 (dwellinghouse)
• Restrictive conditions on previous planning permissions also need to be taken into consideration.

Step 3 – Other considerations

• The enlargement allows for 1no. additional storey on single storey buildings and 2no. additional storeys on buildings of two-storeys or more.
• The additional dwellinghouses must be flats.
• In terms of new heights, restrictions include:
  • The overall height of the building must not exceed 18m as a result of the extension (excluding any plant)
  • The height of the building must not exceed the existing roof height by 3.5m for single-storey buildings and 7m for buildings with multiple storeys
  • The height of the extended building must not exceed height of tallest building on the terrace by 3.5m (excluding plant)
• The additional storey must be constructed on the principle part of the building.
• The extension must not require any engineering operations other than within the curtilage to strengthen existing wall, foundations or replace existing services such as water, drainage and gas.

Step 4 – Prior Approval

• In all cases, an application for Prior Approval will need to be made to the LPA.
• A Prior Approval application can be refused on a number of grounds including:
  • Impact to transport and highways
  • Impact to air traffic and defence asset impacts
  • Contamination risks in relation to the building
  • Flood risk
  • The external appearance including design and architectural features of:
    • (a) the principle elevation
    • (b) any side elevation which fronts the highway
  • The provision of natural light in habitable rooms of the new flats
  • Impact on occupant and neighbouring amenity in regard to overlooking, privacy and natural light
  • Impacts of noise from the commercial premises on the new flats
  • Impacts of a residential use on trade, business or other use of land
  • Is within a protected view as identified in the Protected Vistas (2012)

Step 5 – Application Checklist

Under the prior approval process associated with Class AB, Part 20, an application must include:

• a written description of the proposed development including details of any proposed works
• a site location plan
• Existing and proposed elevations and position of proposed windows

Step 6 – Determination Process

• The LPA will confirm the building complies with the requirements set out in Step 2
• The LPA will consult the highway authority to assess if there is any material increase or change to the character of traffic in the vicinity of the site.
• The LPA will consult with the Civil Aviation Authority to determine if the site presents risk to air traffic.
• The LPA will consult with the Environment Agency who will assess the proposal if it’s in Flood Zone 2 or 3, or Zone 1 where there are critical drainage problems.
• The LPA will assess the proposed external appearance of the extension in relation to the existing building and townscape
• The LPA will assess whether there are any contamination risks, taking account of any proposed mitigation measures.
• The LPA will assess whether there are any impacts to existing occupant and neighbouring amenity in regard to outlook, privacy or natural light
• If it is determined the proposal has no impacts, prior approval will not be required and the LPA will confirm the development can proceed

Step 7 – Complete development within 3 years of the date on the decision notice and notify the LPA.

The new legislation text associated with Part 20, Class AB is available here.