1. The government is considering whether to increase the overall size limits on home extensions under the current PD right.
The consultation considers the current limit for house extensions to cover no more than 50 per cent of its existing curtilage should be removed “to provide householders with further flexibility to extend their homes". It also considers allowing “single-storey wrap-around L-shaped extensions” that “extend across the rear and one side of a home”, under the PD rights, and considers what if any limitations should apply for these. Watch this space for more updates in the coming weeks.
2. The government are proposing to allow larger rear home extensions by up to 1 metre.
The consultation proposes allowing a single-storey rear extension on a detached house to a depth of five metres rather than the current four. For all other houses, the maximum depth of rear extensions would also be extended from three metres to four, the government states. Two-storey rear extensions would extend up to four metres in depth rather than the current three.
3. Volume limits on home roof extensions would be removed.
Roof extensions under current rules must be set back at least 20 centimetres from the original eaves. The consultation suggests that, in cases where the roof enlargement is not visible from the street, the set back of 20cm is not required. It also proposes allowing the ridge height of the original roof to increase by up to 30 centimetres in height “so that modest roof extensions can be made to provide additional living space in flats”. This will further allow for rooflights/ skylights to be included without the need for planning permission. In addition, the maximum roof extension size limit of 40 cubic metres (in the case of a terrace house) and 50 cubic metres (in all other cases) would be removed “so that householders can convert as much of their loft space as is available”.
4. An age restriction on the homes to which a series of upward extension PD rights would apply would be relaxed or even scrapped.
The consultation states that an “existing suite of permitted development rights (under Class AA of Part 1 and Class A, AA, AB, AC and AD of Part 20) allow for the upward extension of buildings to create new homes and provide additional living space for growing families”. But the current rights are limited to buildings dated after 1 July 1948. The consultation suggests either making that date 1930, or having no limit on the age. The consultation states: the change “would bring more buildings into scope that can benefit from the rights”.
5. The consultation seeks feedback on the “effectiveness” of the PD right that allows blocks of flats to extend upwards.
The right currently allows the addition of two storeys (up to seven metres in height) for buildings that are less than 30 metres high. But the government says it has “received feedback that this can have a detrimental impact on leaseholders who own a flat within a block of flats where the freeholder is undertaking an upward extension”. It says that it is considering safeguards to prevent this harm. It is “therefore seeking feedback on the effectiveness of this [PD] right, and in particular, whether any of the existing limitations impact on leaseholders who own a unit within the block of flats”.
6. An age restriction on the PD right allowing certain commercial and residential buildings to be demolished and rebuilt as homes would be relaxed or even scrapped.
A PD right introduced in 2020 allows the replacement of “older vacant residential and certain commercial buildings that were no longer suitable for their original use” but does not apply if the original building was constructed after 31 December 1989. The consultation suggests removing this limit but “to protect older buildings, we propose that a new limitation is introduced so that the permitted development right does not apply to buildings built before 1930”.
7. The size limit for extensions to commercial buildings would be doubled.
Currently, the size of such extensions cannot increase by more than 50 per cent or 100 square metres (whichever is the lesser). The suggestion is to increase that limit to 100 per cent or 200 square metres.
8. The government wants to relax restrictions on the siting of electric vehicle (EV) charging points.
A current PD right allows charge point infrastructure in off-street parking areas without the need for a planning application. Currently for charging points on walls, or “wall-mounted outlets”, the PD right does not apply where outlets would face onto and be within two metres of a highway. For freestanding charge points, or “electrical upstands”, the right does not apply where the installation would be within two metres of a highway. The consultation proposes changing the PD right to allow wall-mounted charging points and electrical upstands to be installed anywhere within an area lawfully used for off-street parking. More
9. The PD right governing the installation of air source heat pumps - a non-gas-fuelled way of heating buildings - would be revised to relax limits on location and size.
Currently, an air source heat pump must be installed at least one metre away from a property. But the consultation suggests removing this limit, saying the restriction is “was a blunt proxy for noise and… is not necessary as long as there is an upper limit on the noise”. Ministers also want to increase the size limitation of the heat pump’s outdoor compressor unit from 0.6 cubic metres “to facilitate innovation in noise reduction”. The consultation is asking for views on a new threshold.
In addition, the government proposes relaxing the current restrictions allowing just one air source heat pump to be fitted per home or block of flats. The new right could “allow for up to two” of the devices “to allow for cascade systems” that require two interconnected heat pumps to produce higher temperatures.
4D Planning regularly keeps track of changes to the Planning system and the legal framework. We will post further updates here.
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