As a result of a change in the law in 2010, some non-residential development which would once have required planning permission now no longer does so. Such development is known as ‘permitted development’,
and understanding what it means in practice could save you time and money.
What the new planning reforms mean for you The new planning amendment extends development rights for industrial and warehouse buildings, schools, colleges, universities and hospitals as well as offices, shops, and catering, financial and professional services establishments.
As a result it’s estimated that around 30 per cent of minor non-residential planning proposals will now no longer require planning permission, or will follow a much simpler process than before, saving you both time and money.
Vail Williams can advise you on whether your proposal is compliant with the new permitted development order, as well as prepare and submit documentation to your local planning authority on your behalf to gain written confirmation of compliance. This may prove invaluable should questions of compliance ever arise
in the future.
Below we’ve summarised what the extended development rights mean in practice.
Industry and warehousing
Industrial and warehouse buildings could previously be extended by up to 1,000 square metres (or 500 square metres in sensitive areas) and this remains the case. In addition, the increased floor space should not exceed 25 per cent of the original building (or 10 per cent in sensitive areas).
However, there is now the right to erect new buildings, provided that the floor area does not exceed 100 square metres. Also, research and development facilities are now covered. There are however limitations on height, proximity to boundaries, ground coverage, loss of vehicle turning space and use of materials.
The new legislation also allows for the installation of additional or replacement plant or machinery; rearrangement or replacement of a sewer, main, pipe, cable or other apparatus; and rearrangement or replacement of a private way, private railway, siding or conveyor. Such development should not materially affect the external appearance of the premises, and any plant or machinery should not exceed 15 metres in height or the height of anything being replaced.
Schools, colleges, universities and hospitals
Under the new legislation these institutions are able to erect, extend or alter buildings by up to 100 square
metres or up to 25 per cent of the original floor area, whichever is the lesser. This is subject to limitations on height, proximity to boundaries, amount of ground coverage and use of materials.
In the case of school, college or university buildings, the main use of the existing buildings must be for the provision of education for permitted development to apply. Similarly, for permitted development to apply to hospital buildings the main use of the existing buildings must be for the provision of health services.
Shops and financial or professional services
Shops and financial or professional services providers can now alter or extend existing buildings by up to 50
square metres or up to 25 per cent of the existing floor area, whichever is the lesser. This is subject to restrictions on height, proximity to boundaries, use of materials and loss of vehicle turning space. Shops
are not able to create new freestanding buildings other than trolley parks.
Offices
It is now possible to extend an existing office building by up to 50 square metres or up to 25 per cent of the existing floor area, whichever is the lesser. There are restrictions on height, proximity to boundaries, visibility from highways, use of materials and loss of vehicle turning space. There is no right for offices to build new freestanding buildings without planning permission.
In addition
- There is no provision for permitted development as far as listed buildings are concerned.
- Shops, offices and institutions are now able to lay up to 50 square metres of permeable hardstanding as permitted
development. - Industry retains its right to lay an unlimited amount of hardstanding. This must either be permeable or, if impermeable, then run-off water should be directed to a permeable or porous area. If there is a risk of groundwater
contamination, the hard surface cannot be made of porous materials.
If you would like to discuss anything you have just read, please contact the Vail Williams Planning team.
