Guidance

Fast-tracked approval for building upwards: key facts brief

Published 18 September 2020

Applies to England

© Crown copyright 2020

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This publication is available at https://www.gov.uk/government/publications/permitted-development-rights-and-changes-to-the-use-classes-order/fast-tracked-approval-for-building-upwards-key-facts-brief

  1. The Town and Country Planning (Permitted Development and Miscellaneous Amendments) (England) (Coronavirus) Regulations 2020 (S.I., 2020, No. 632)

  2. Town and Country Planning (General Permitted Development) (England) (Amendment) (No. 2) Order 2020 (S.I., 2020, No. 755)

What are the changes?

We have introduced 2 pieces of legislation, the first made on 24 June 2020 (SI 2020, No. 632) will allow:

  • The building of an extra two storeys on top of freestanding blocks of flats (of at least 3 storeys) without other services below, up to a maximum of 30 metres. This does not apply if the building was constructed before 1948, or after 2018.

The second piece of legislation made on 21 July 2020 (SI 2020, No. 755) will allow the building of:

  • An extra two storeys on top of existing 2-storey terraced, semi-detached or detached homes, either to create new homes or as an extension to existing homes up to a maximum of 18 metres and no more than 3.5 metres above the highest part of the terrace or the adjoined semi;
  • One extra storey on top of bungalows and other single-storey homes.
  • An extra two storeys on top of 2-storey buildings in a terrace in commercial uses (e.g. shops, financial and professional services, restaurants and cafes, offices), and in mixed-use with residential, up to a maximum of 18 metres and no more than 3.5 metres above the highest part of the terrace;
  • One extra storey on top of single-storey buildings in a terrace in commercial uses and in mixed-use with residential.
  • An extra 2 storeys on freestanding buildings in commercial uses (of at least 3 storeys) and in mixed use with residential, up to a maximum height of 30 metres.

Why are you making these changes?

These changes will give homeowners the freedom to grow their home as their family grows. They will support development on brownfield land – making better use of our towns and cities – and, critically, create jobs for small builders and construction workers.

Where and when do the changes apply?

In England. There are exemptions for conservation areas, in National Parks, in Areas of Outstanding Natural Beauty and Sites of Specific Scientific Interest, for buildings constructed before 1948 or after 2018 and listed buildings/scheduled moments. From 1 August for freestanding blocks of flats, and from 31 August 2020 for the other rights.

How do we ensure high-quality development?

The new right grants planning permission subject to the existing fast track approval process known as “prior approval”, where a local planning authority must consider specified matters first and they must notify owners and occupiers of the building being extended and adjoining premises can comment, and then the local council will consider representations made on those specified matters for prior approval.

Developers must:

  • Apply to the local planning authority for approval regarding the external appearance of the building/additional floors, adequate provision of natural light in habitable rooms, and the impact on the amenity of the existing building and neighbouring buildings including overlooking, privacy and the loss of light. The local authority will then notify and invite representations from owners and occupiers of the building being extended and adjoining premises, as well as putting up a site notice to inform local residents and groups.
  • Use similar materials to other buildings and not create side windows overlooking other premises.
  • Prepare a report on construction management to show how noise, dust and other disruption will be managed.
  • The development will be subject to building regulations and fire safety rules, and additional development may bring older parts of the building into new building standards.

For new dwellings created, the local authority can charge an application fee of £334 for each new dwelling created up to a maximum of 50 units, and a fixed fee of £16,525 plus £100 for each new dwelling in excess of this.

What is the estimated impact?

We expect these changes to provide a much-needed boost to the construction sector – creating jobs and getting the housing market going post covid. It is estimated that 800 new homes per year will be created through building upwards on purpose-built flats (phase 1), and 7,800 per year for all other building up rights (phase 2). This will also help to protect garden space, and avoid the significant disruption of basement conversions.

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