Following the reforms recommended by the Killian Pretty review and after extensive consultation the Government has introduced an amendment to the general permitted development regime which comes into force on 6th April 2010
The amended permitted development regime now provides that the extension or alteration of an office building is permitted development and therefore no longer requires a formal application for planning permission.
This will undoubtedly save business time and money and is to be welcomed but this is not an unfettered process and certain restrictions and conditions apply.
Development is not permitted if certain specified tolerances are breached. These are as follows:
- The gross floor space of the original building cannot be exceeded by more than either 25% or 50 square metres, whichever is the lesser.
- The height of the building as extended must not exceed five metres if within ten metres of a boundary of the curtilage of the premises or in all other cases the height of the building being extended.
- Any part of the development, other than an alteration, would be within five metres of any boundary of the curtilage of the premises.
- Any alteration would be on land within National Parks, areas of outstanding natural beauty and conservation areas etc.
- The development would be within the curtilage of a listed building.
Development that is permitted is subject to the following conditions:
- The office building as extended or altered shall only be used as part of, or for a purpose incidental to, the use of that office building.
- Any extension shall, in the case of land within National Parks, areas of outstanding natural beauty and conservation areas etc, be constructed using materials which have a similar external appearance to those used for the building being extended.
- Any alteration shall be at ground floor level only.
There is also a similar relaxation for development consisting of the provision of a hard surface within the curtilage of an unlisted office building to be used for the purpose of the office concerned or the replacement in whole or in part of such a surface. The cumulative area of ground covered by a hard surface within the curtilage (excluding hard surfaces already existing on 6th April 2010) must not exceed 50 square metres. Any risk of groundwater contamination must be addressed by the use of non porous materials but in all other cases surface water drainage issues must be addressed. The hard surface must either be made of porous materials, or provision made to direct run-off water from the hard surface to a permeable or porous area or surface within the curtilage of the office building.
For further information on this or any other Planning, Energy or Environmental enquiries please contact David Merson, Head of Planning and Environmental Law at dmerson@steeleslaw.co.uk or telephone 020 7421 1742.
To read David Merson's previous articles on the Killian Pretty review please see:
http://www.steeleslaw.co.uk/news-item.aspx?id=8930e28b-215d-4971-9379-bc60948f979e
http://www.steeleslaw.co.uk/news-item.aspx?id=8a79b5a4-86a5-4f16-b9c1-8226baf0d91a
http://www.steeleslaw.co.uk/news-item.aspx?id=984ffe71-bf86-4bac-8a0a-7ecf072a017f