The Government has further introduced a new permitted development (PD) right which allows for vacant commercial and residential buildings to be demolished to make way for new housing. Planning permission won’t be needed to demolish and rebuild vacant and redundant commercial or residential buildings if they are re-built as homes. Instead, like other PD rights, a prior approval application must be made to the local planning authority for determination. The changes will come into effect on 31 August 2020.
Limitations and exclusions
If a development is to make use of the new PD right, the old building must:
- have a footprint of no larger than 1,000m2 and be no higher than 18m;
- have been built before 1990;
- not be within a conservation area, national park, area of outstanding natural beauty or a site of special scientific interest; and
- have been vacant for at least 6 months before the date of the application for prior approval.
The right provides consent for works for the construction of a new building that can be up to two storeys higher than the old building, with a maximum overall height of 18 metres. The demolition and subsequent construction must be completed within three years of the date of the grant of prior approval.
Conditions and prior approval requirements
Again, as with other new PD rights, the developer must apply for prior approval from the local planning authority on certain aspects of the proposed development. These include transport and highways impacts, contamination and flooding risks, the design and external appearance, the provision of natural light and impact of noise, business and local amenity. The list has been expanded from the previous matters considered in the prior approval process to address concerns raised about the potentially poor standard of homes created under PD rights.
A report detailing the management and construction of the development must be provided to the local planning authority before the development can commence. This will need to include the method of demolition, proposed hours of operation and details of how any adverse impact of noise, dust, vibration and traffic is to be mitigated. To further safeguard that the dwellings provided are of a high quality, the position and dimensions of windows, doors and walls and the dimensions of each room must also be submitted to the local planning authority.
Comment
The aim of these new regulations is to improve the delivery of desired development by removing some of the ‘red tape’ surrounding planning applications. The Government aim is to support high street revival by allowing empty commercial spaces to be quickly repurposed, thereby making the brownfield development easier.
As with any new procedures, there will be a ‘bedding in’ period and only time will tell whether the changes to the permitted development rights achieves the Government’s agenda for radical planning reforms.
