BuildingUp - Chapter 4: Do I need planning permission to build up?

Depending upon the nature of the development, you will either need full planning permission or prior approval consent from the Local Planning Authority.

• In August 2020, the government introduced permitted development rights ("PD") to allow upward extensions without the need to obtain full planning permission in certain circumstances (see below). Where PD is applicable, developers will need to apply to the Local Planning Authority for prior approval consent. The Local Planning Authority will review the application with reference to the impact upon transport, contamination, flooding, appearance, natural light and amenity and conditions may be imposed by the Local Planning Authority.

• The new PD rights permit the following:
  • Up to two storey upward extensions on commercial and mixed-use buildings to provide additional flats;
  • Up to two storey upward extensions on residential blocks of flats between three to nine storeys to provide additional flats;
  • Up to two storey upward extensions on commercial and mixed-use terrace to provide additional flats;
  • Up to two storey upward extensions on residential terrace to provide additional flats; and
  • Up to two storey upward extensions on single detached dwelling to provide additional flats.
• If you are considering airspace development, we recommend that planning advice is obtained as early as possible to assess whether planning permission is required or whether the proposed development will benefit from PD rights.

Look out for our next post when we consider what construction aspects developers should be considering.