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What the Permitted Development Rights (PDR) amendments mean for you?

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As the recent Permitted Development Rights (PDR) amendments came into effect on 18th September 2020, Weaver explores what these changes mean for architects.

With the Government only releasing key fact sheets but no clear guidance notes we spoke to a few expert planning consultants. They have provided valuable insight into the affect of the PDR amendments on architects and made suggestions on how to navigate these changes on future projects. We discuss how the architect industry can capitalise on these amendments, offer practical steps for architects to take and present valuable resources for architects and their clients to refer to.

The PDR amendments that came into effect in September 2020, include a number of changes:

Extension To Permitted Development Rights:

Allowing the upward extension of an additional two storeys for residential use

Allowing the demolition and replacement of redundant buildings with residential development

Upward Extension Of Existing Buildings:

Allowing upward extension by two storeys on residential, commercial and mixed-use buildings built between 1st July 1948 and 5th March 2018.

There are restrictions on the maximum height of buildings extended in this way with minimum floor to ceiling heights for the extension.

Demolition Of Redundant Buildings And Replacement With Residential Units:

Developers now have the right to demolish vacant buildings and replace them with “well-designed” new residential units.

This applies to "vacant and redundant free-standing buildings" that are classed as offices, premises for research and development or light industrial processes, and "purpose-built residential blocks".

The new building cannot be larger than the footprint of the existing building and cannot exceed a maximum footprint of 1,000 square metres.

The new building can, however, be up to 7m higher to accommodate up to two additional residential storeys, within a final overall maximum height of 18m.

We spoke to Anna Thompson, owner and director of ADL Planning Limited, who thinks the regulations are 'relatively complex, with a lot of exceptions' and expects the take up of new rights to be limited.  She believes it's difficult to say whether it will create substandard housing as 'a lot of that comes down to the individual developer' but says the evidence from the Office to residential PD rights would indicate that 'such rights tend to lend themselves to less than desirable accommodation.'

“I encourage architects to keep creating places where people actually want to work and live”
— Anna Thompson, Director of ADL Planning Limited

Some think the new regulations will create a stream of commercial conversion work and domestic extensions for architects and due to the fact that the new regulations 'are quite restrictive', Anna agrees 'perhaps the opportunities for architects to create the sort of designs, spaces and buildings they would like to are going to be limited.' However, Anna still encourages architects to keep creating great designs and places where 'people actually want to live and work.'

Anna recommends a discussion with a planner to sketch out the different scenarios that the regulations allow. She agrees the regulations are complex however encourages architects to 'understand the general parameters on suitability, height, massing etc as this will allow you to better gauge whether the new site has the potential to apply PD rights.'

Anna suggests having a look at The Planning Jungle as it can be helpful to use 'a visual tool from which to work through what areas they may be able to use PD rights for.'

Nick Jenkins, Director of Smith Jenkins Town Planning thinks this new layer of planning will have 'minimal impact upon overall housing delivery.' He agrees 'quality is difficult to judge' and has 'no objection to some reduced size housing,' however he says it raises the longstanding issue made by local authorities 'that the process allows affordable housing and S106 planning obligations to be side stepped, meaning no or reduced contributions to "The Big Society" are made here.'

Nick says he can see that the changes to the Use Classes Order 'may well generate new conversion and refurbishment works, as uses can move more readily between buildings now and hence creating more activity.' Nick also agrees with mentions that such new activity 'will certainly rely upon other (including financial) matters outside of planning though.' Nick highly recommends that architects read up on the subject and suggests the Planning Geek for its user-friendly website.

“Even for a planning consultant it’s hard to keep up!”
— Nick Jenkins, Director of Smith Jenkins Town Planning

Alongside Anna, Nick agrees the best thing to do is seek specialist planning advice. He suggests the following resources but warns that these should only be used as a starting point 'as the legislation is the key reference tool.' Nick mentions several online seminars as a great source of knowledge, such as Landmark Chambers and 39 Essex as well as useful blogs including planoraks.com and simonicity.com.

Nick agrees the system and Government requirements are 'constantly shifting' and jokes that 'Even for a planning consultant it's hard to keep up!'