Explanatory note

This Order amends the Town and Country Planning (General Permitted Development) (England) Order 2015 (the “2015 Order”) (S.I. 2015/596).

Article 3 amends Part 1 of Schedule 2 to the 2015 Order to introduce a new permitted development right, Class AA, and makes consequential amendments to existing provisions of Part 1. Article 3(2) inserts the new Class AA, which permits the enlargement of a dwellinghouse by the construction of new storeys on top of the highest existing storey of the dwellinghouse. Two storeys may be added if the existing dwellinghouse is two or more storeys tall, or one additional storey where the dwellinghouse consists of one storey. For this purpose “storey” is defined so as to exclude any storey below ground level, and any living space within the roof of the dwellinghouse. The new permitted development right is subject to a number of limitations and conditions which are set out in paragraphs AA.1 and AA.2, including a requirement for prior approval from the local planning authority in relation to certain matters.

Article 3(3) amends Class B in Part 1 of Schedule 2 to provide that, where a dwellinghouse has been enlarged in reliance on the new right introduced by this Order, the dwellinghouse cannot then have the benefit of the development right granted by Class B, which permits additions or alterations to the roof. Article 3(4) amends the definition of “terrace house” in Part 1 so that it does not apply for the purposes of new Class AA (which includes a separate definition of that term).

Article 4 amends Part 20 of Schedule 2 to introduce four new permitted development rights, as Classes AA, AB, AC and AD, and makes consequential amendments to existing provisions of Part 20. Article 4(2) makes minor clarificatory amendments to existing Class A to ensure consistent use of terminology throughout Part 20. Article 4(3) inserts new Classes AA to AD, each of which allows work for the construction of new flats on top of the highest existing storey of certain buildings. Class AA permits construction of up to two new storeys of flats on top of detached buildings in commercial or mixed use, including where there is an element of residential use. Class AB permits the construction of new flats on top of terrace buildings (including semi-detached buildings) in commercial or mixed (including residential) use; two storeys may be added if the existing building is two or more storeys tall, or one additional storey where the building consists of one storey. Class AC permits the construction of new flats on top of terrace dwellinghouses (including semi-detached houses); two storeys may be added if the existing building is two or more storeys tall, or one additional storey where the building consists of one storey. Class AD permits the construction of new flats on top of detached dwellinghouses; two storeys may be added if the existing building is two or more storeys tall, or one additional storey where the building consists of one storey. The new permitted development rights are subject to a number of limitations and conditions, including a requirement for prior approval from the local planning authority in relation to certain matters.

Article 4(4) amends paragraph B of Part 20, which sets out the procedure for applications for prior approval under Part 20, to ensure that it works in relation to such applications under new Classes AA to AD. Article 4(5) makes consequential amendments to paragraph C, which sets out definitions for the purposes of Part 20.

A copy of the Secretary of State’s directions on protected views may be viewed online at https://www.london.gov.uk/what-we-do/planning/implementing-london-plan/planning-guidance/london-view-managemen t and a copy may be inspected at the Planning Directorate, the Ministry of Housing, Communities and Local Government, 2 Marsham Street, London, SW1P 4DF.

A copy of the National Planning Policy Framework may be viewed online at https://www.gov.uk/government/publications/national-planning-policy-framework--2 and a copy may be inspected at the Planning Directorate, the Ministry of Housing, Communities and Local Government, 2 Marsham Street, London, SW1P 4DF.

A copy of the Town and Country Planning (Safeguarded Aerodromes, Technical Sites and Military Explosives Storage Areas) Direction 2002 may be viewed online at https://www.gov.uk/government/publications/safeguarding-aerodromes-technical-sites-and-military-explosives-storage-areas/the-town-and-country-planning-safeguarded-aerodromes-technical-sites-and-military-explosives-storage-areas-direction-2002 and a copy may be inspected at the Planning Directorate, the Ministry of Housing, Communities and Local Government, 2 Marsham Street, London, SW1P 4DF.

A full impact assessment of the effect that this instrument will have on the costs of business, the voluntary sector and the public sector will be published at www.legislation.gov.uk and copies may be inspected at the Planning Directorate, the Ministry of Housing, Communities and Local Government, 2 Marsham Street London, SW1P 4DF.