Demolition and Residential Re-Build Permitted Development Rights

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The Government has published its Permitted Development Rights legislation for the demolition of existing purpose built single dwellings, flats or offices and residential re-build. It comes into force on 31st August 2020.

It applies to the demolition of existing purpose built detached single residential dwelling blocks of flats or B1a, B1b and B1c Uses with a footprint no larger than 1000 sqm, and associated works and services, on buildings which have been vacant for at least 6 months and not deemed unsafe or uninhabitable.

As with their other new PDR, consent is secured via the Prior Approval process from the local planning authority.

It does not apply to article 2(3) land1; sites of special scientific interest; listed buildings or land within their curtilages;  scheduled monuments or land within their curtilages;  safety hazard areas; military explosives storage areas; or within 3 kilometres of the perimeter of an aerodrome.

It applies only to detached, purpose built buildings up to 18m in height, built before 31 December 1989 and in existence on 12 March 2020. If the land covered by or within the curtilage of the old building is occupied under an agricultural tenancy, the express consent of both the landlord and the tenant must be obtained.

The footprint of the new development must not extend beyond the footprint of the old building; cannot be nearer the highway; be not more than 18m in height; be not more than 7m higher than the old building or create more than 2 additional storeys with a maximum 3m floor to ceiling height restriction. New development may include a new basement even where none previously existed and allows for the removal/installation of plant, services, means of access and egress to the building with ancillary storage and waste. Rooftop plant and services may not be greater in height than any such existing rooftop plant or services on the old building.

Prior approval considerations are the impacts in relation to the new building on:

  • transport and highways;
  • contamination;
  • flooding;
  • design;
  • external appearance;
  • the provision of adequate natural light in all habitable rooms of each new dwellinghouse in or comprising the new building;
  • amenity of the new building and of neighbouring premises, including overlooking, privacy and light;
  • noise from any commercial premises on the intended occupiers of the new dwellinghouses;
  • the impact on business and new residents of the development's introduction of, or increase in, residential use in the area in which the development is to take place;
  • heritage and archaeology;
  • the method of demolition of the old building;
  • landscaping of the development, including the planting and maintenance of shrubs and trees;
  • air traffic and defence asset impacts of the development; and
  • impact on a Protected Vista2.

Requirements for a prior approval submission include a specified fee, contact details of the developer, site location plan, as existing and proposed drawings, written statement of proposed demolition, redevelopment works and number of units to be demolished and replaced.

The prior approval fee is set at £334 per new dwelling up to 50 units, and a fixed fee of £16,525 plus £100 for each dwelling in excess of 503.

A Flood Risk Assessment, Heritage or Archaeology Statement will be required as applicable.

The development must be completed within 3 years of the prior approval date.

The Council will need to approve materials, demolition details, construction management and waste management reports prior to commencement. They will require notification of commencement and completion dates along with the developer contact details with each notification.

1: Article 2(3) land: Conservation areas, AONB's, National Park's, The Broads and World Heritage Sights.

2: a protected vista identified in the Directions Relating to Protected Vistas dated 15 March 2012 by the Secretary of State

3: subject to Parliamentary approval