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#NicoKnows: Permitted Development Rights... What You Need To Know.

Changes to permitted development rights and a drive to simplify the planning process are making new options available to property owners to be able to maximise the value of property without going through the full planning process.m

Award-Winning developer Luxor Group has give you the lowdown from its industry experts.

What are permitted development rights?

Permitted development rights (PD rights) allow you to make certain changes to a building without the need to apply for planning permission. These rights derive from a general planning permission granted by Parliament, rather than permission granted by the local planning authority (LPA).

PD rights are set out in the Town and Country Planning (General Permitted Development) (England) Order 2015 (the GPDO). Some rights relate to building ops, e.g. the right to extend a house by a certain amount. Others relate to the change of use of buildings.

The script of PD rights is set out in Schedule 2 of the GPDO. There is a prior approval system for certain rights that relate to change of use, whereby the LPA approves specified elements of the development, such as design and transport issues, before work can go ahead.

If the LPA refuses prior approval, then the change of use may not proceed. This system is a ‘light-touch process’, and delivers administrative savings to developers and reduces planning fees.

In some areas, called ‘designated areas’, PD rights are more restricted. This is generally the case in conservation areas, National Parks, Areas of Outstanding Natural luxury. In designated areas, planning permission will be needed. Restrictions also apply if the property is a listed building Which is a lot harder to obtain PD for.

Can PD rights be removed?

Yes, by the LPA either by means of a planning condition, or under Article 4 of the GPDO.

What were the recent changes to PD rights?

In 2016 the Town and Country Planning (General Permitted Development) (England) (Amendment) Order 2016 came into force. 

The Order is another step on the road to wider ease of the planning regime. It creates PD rights to convert offices to residential use permanent (Class O), and introduces new rights to convert light industrial use to residential uses..

Office to residential

The right to convert offices (Class B1) to be converted to residential (Class C) without the need to apply for planning permission, has been extended, but it is not without its limitations. It is subject to an application to the LPA for determination whether prior approval is necessary in respect of transport and highways impacts, flood and contamination risks.

There is also a new requirement for an assessment of the noise impact from neighbouring commercial premises on the future occupiers of the potential residential development. It remains to be seen what the LPA will consider when assessing noise impact.

Luxor Group have taken FULL advantage of this, with recent completion of 34,000sqft Nicholson House which transformed upper disused offices to luxury Studio, 1 & 2 bedroom luxury apartments!

WANT TO KNOW MORE? Property Mogul, Paul Nicholson is Launching Nicholson In Quarter 1 of 2019. Click Here:

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