Monday, 12 March 2018
STOP PRESS :::: PD rights for residential conversions extended
There has been much speculation as to whether the government would extend the PD right under Class P (for the residential conversion of buildings used for storage within Use Class B8). An absolute deadline for the commencement of residential use required all developments of this type to be completed no later than 15 April 2018, failing which this PD right would lapse.
However MHCLG has now announced a one-year extension of this deadline. I don’t know yet whether the government has laid an amending Order to give effect to this extension, or if not how soon they expect to do so, but they have left this extension of time extremely late, and have no doubt caused much anxiety and inconvenience to property owners and developers by failing to make up their minds earlier about extending this deadline.
In the same announcement, the Ministry has confirmed their intention (which they had previously canvassed) to extend the PD right under Class Q to enable either up to three dwellings to be created on a single agricultural unit (as now), but subject to a slightly increased cumulative floorspace limit of 465 square metres (compared with the previous cumulative limit of 450 sq m), or alternatively up to five dwellings, each of which would be limited to no more than 100 sq m. Within these limits, it seems that developers will be allowed to ‘mix and match’ their development, provided that no more than three of the new dwellings exceed the 100 sq m limit (but still subject to the overall limit of five dwellings).
I think we shall need to see the actual wording of the amendment order to understand exactly how these new limits will work, especially in relation to a combination of larger and smaller dwellings.
The government has also announced a proposed enlargement of PD rights for the erection of agricultural buildings on larger agricultural holdings under Part 6, which will enable buildings of up to 1,000 sq m to be erected (in place of the current limit of 465 sq m). Again, precise details will need to be checked when the amending order to the GPDO is made.
UPDATE (13.3.18): I am grateful to Steve Jupp for pointing out that the amending order is the Town and Country Planning (General Permitted Development) (England) (Amendment) Order 2018 (SI 2018 No.343), which was made on 8 March and takes effect on 6 April.
I haven’t had time yet to get my head round the detailed drafting amendments but, for the purposes of Class Q, a “larger dwellinghouse” is defined as a dwellinghouse developed under Class Q which has a floor space of more than 100 square metres and no more than 465 square metres, and a “smaller dwellinghouse” is defined as a dwellinghouse developed under Class Q which has a floor space of no more than 100 square metres.
Subject to this definition, in the case of a larger dwellinghouse within an established agricultural unit the cumulative number of separate larger dwellinghouses developed under Class Q must not exceed 3; nor must the cumulative floor space of the existing building or buildings changing use to a larger dwellinghouse or dwellinghouses under Class Q exceed 465 square metres. Similarly, in the case of a smaller dwellinghouse within an established agricultural unit, the cumulative number of separate smaller dwellinghouses developed under Class Q must not exceed 5; nor must the floor space of any one separate smaller dwellinghouse exceed 100 square metres.
The development under Class Q (together with any previous development under Class Q) within one and the same agricultural unit must not result in either or both of the following—
(i) a larger dwellinghouse or larger dwellinghouses having more than 465 square metres of floor, and/or
(ii) the cumulative number of separate dwellinghouses exceeding 5.
So far as Class P is concerned, this is now amended so that the PD right under this class is only disapplied if the prior approval date falls on or after 10 June 2019 (so the deadline has been extended for around 14 months) and there is now also a condition that the development must be completed within a period of 3 years starting with the prior approval date.
© MARTIN H GOODALL