- Detached commercial or mixed use premises (Class AA)
A new permitted development right is in operation from 31 August 2020. It allows the upwards extension of certain detached commercial premises. The extension can be up to 2 additional storeys for residential use only, and the existing building must be of at least 3 storeys above ground.
The regulations state that the type of premises this right applies to must comprise the following:
(a)used for any purpose within Class A1 (shops), Class A2 (financial and professional services), Class A3 (restaurants and cafes) or Class B1(a) (offices) of the Schedule to the Use Classes Order, or as a betting office, pay day loan shop or launderette;
(b)in a mixed use combining—
(i)two or more uses within paragraph (a); or
(ii)a use falling within Class C3 (dwellinghouses) of the Schedule to the Use Classes Order, together with one or more uses within paragraph (a).
The permitted development right is subject to a prior approval application to the local planning authority – the prior approval includes matters of design, highway impact, flood risk, contamination, natural light to the new residential flats, impact on the amenity of surrounding occupiers, impacts of noise from existing commercial uses upon the new residential. As of December 2020, prior approval applications where the height of the existing building is 18m or more also require a report confirming that the external wall construction of the existing building meets building regulations requirements for resisting fire spread.
This permitted development right does not apply to properties in Conservation Areas, SSSI’s, listed buildings or their curtilage, or to properties built before 1 July 1948 or after 5 March 2018.. Please see the detailed Regulations here for a full explanation: https://www.legislation.gov.uk/uksi/2020/755/made
- Terraced commercial or mixed use premises (Class AB)
The new PDR allows the upwards extension by up to 2 storeys for residential use – the existing terrace must be 2 storeys above ground. Single storey commercial terraces can potentially be extended by one additional storey. The same definitions and prior approval regime as described above, also applies here.
This permitted development right does not apply to properties in Conservation Areas, SSSI’s, listed buildings or their curtilage, or to properties built before 1 July 1948 or after 5 March 2018. Please see the detailed Regulations here for a full explanation: https://www.legislation.gov.uk/uksi/2020/755/made