Purpose

The Department for Levelling
Up, Housing, and Communities (DLUHC) is seeking views on proposed
changes to the Town and Country Planning (General Permitted
Development) (England) Order 2015, as amended. Covering changes
to:
 

·      
certain permitted development rights which enable
householders to improve and enlarge their homes.

·      
the building upwards permitted development rights
which enable the upward extension of a range of existing
buildings.

·      
the permitted development right which allows for the
demolition of certain buildings and rebuild as homes.

·      
the permitted development rights which enable the
installation of electrical outlets and upstands for recharging
electric vehicles.

·      
the permitted development right for the installation
of air source heat pumps.
 
Feedback is requested via
submission of written responses to the answered questions included
within the document.
 
The consultation is open for 8
weeks from the 13 February 2024. 
Further information can be viewed on the DLUHC website for the
consultation:
Changes to various permitted development rights:
consultation
 
Submission Deadline: Tuesday 9
April 2024
 
Proposed Approach:

Focussed response to those proposals which may affect our current and future
Greater Cambridge Local Plan approach and other material concerns
for the councils.

To not respond to call for
evidence regarding opinion of effectiveness and application of
specific permitted development rights.

 
Number of Questions:
 
Total Questions: 53

Question not responded to: 12

Responded to questions: 41

 
 
Important/High-level Proposed Changes which may affect Greater
Cambridge current policies and future Local Plan
approach:
 

Alterations to PD (under Class A of Part 1 which
provides for the enlargement, improvement or other alteration to a dwellinghouse)
to provide householders with further flexibility to undertake
larger extensions:

Ø 
Changes would undermine the Councils’ ability
to consider proposals against policies in the adopted local plan
which seek development that is appropriate to the surrounding
context. The extension of the right would limit public
participation in the planning process. Changes could lead to
overdevelopment and poor design due to lack of scrutiny which is
currently possible where proposals are submitted via planning
application.

Ø 
We support the consideration to amend the existing
requirement in relation to materials used in exterior works outside
of conservation areas as this would enable use of better more
modern materials.

Ø 
We support amendment to enable single storey
wrap around L-shaped extensions as this
would lead to better planned internal layouts which would support
modern ways of living.
 

Alterations to PD (under Class ZA of Part 20 which
allows for the demolition of certain single detached buildings and
the construction of a block of flats or a single detached
dwellinghouse in its place) to:

a)   
remove the limitation restricting the permitted
development right to buildings built on or before 31 December
1989.

b)   
introduce a limit on the maximum age of the original
building that can be demolished so that right does not apply to
buildings built before 1930.

c)   
allow the Class ZA rebuild footprint for buildings
that were originally in use as offices, research and development
and industrial processes to benefit from the Class A, Part 7
permitted development right at the time of redevelopment only. This
would allow for an increase in the overall footprint of the new
building.

Ø 
Changes would increase the number of buildings in
scope making it easier for change of use not subject to
consideration through planning application, and so undermine the
Councils’ ability to consider proposals against policies in
the adopted local plan. Proposals should be considered via a
planning application in order to protect
the health and amenity of future occupiers and surrounding uses, to
ensure high quality design and to ensure delivery of good
placemaking outcomes (including delivery of beautiful places).
Could undermine the NPPF’s aim to deliver beautiful places as
would impact on the Councils ability to reject poor quality design
and ability to ensure the environmental sustainability of
development and reduce the involvement of local communities as
supported via traditional planning application process.
 

Alteration to PD limitation that the building being
extended must have been constructed after 1 July 1948, (under Class
AA of Part 1 and Class A, AA, AB, AC and AD of Part 20, which
allows for the upward extension of buildings to create new homes
and provide additional living space) could be amended to an
alternative date or removed entirely.

Ø 
Changes could adversely affect character and amenity
in established streets. The limitation restricting upwards
extensions on buildings built before 1 July 1948 should
remain.
 

Proposed alteration to PD limitation under Class C
of Part 1, (which allows for other alterations to the roof of a
house), so it only applies where alteration takes place on roof
that fronts a highway.

Ø 
Changes would erode the current safeguard provided
by the PD limitation and if amended could have visual and amenity
impacts.
 

Proposed alteration to PD (Class E of Part 1) to
allow bin and bike stores in front gardens (including in front
gardens of homes in article 2(3) land (which includes conservation
areas, Areas of Outstanding Natural Beauty, the Broads, National
Parks and World Heritage Sites), limited
to no more than 2 metres in width, 1 metre in depth and 1.5 metres
in height.

Ø 
We support the approach, particularly as could help
encourage cycling but as it includes front gardens in article 2(3)
land (which includes conservation areas) have noted that the right
should consider additional limitations on size and materials to
minimise townscape impacts.
 

Proposal for PD rights under Class B of Part 1 to
apply to flats (currently right only applies to
“dwellinghouses”) so that modest roof extensions can be
made to provide additional living space in flats:

Ø 
Changes could cause detrimental visual and amenity
impacts leading to development that overlooks adjacent properties
and/or their private amenity areas, is overbearing or results in a
loss of daylight, enclosure or other
environmental impacts. Higher density layouts need considerably
more assessment as to their effects on neighbouring
amenity.
 
Other
Changes
 

Alterations to PD (under Class B of Part 1 which
allows for the enlargement of a dwellinghouse consisting of an
addition or alteration to its roof) to remove current limitations
on the additional roof space created so that householders can
convert up all available loft space and to allow enlargements which
are not visible from the street to extend to the original eaves
with no set-back:

Ø 
Changes would cause visual/ amenity impact and
impact on design.  Could lead to
development that overlooks adjacent properties and/or their private
amenity areas, is overbearing or results in a loss of daylight,
enclosure or other environmental
impacts. 
 

Alteration to PD (Class E of Part 1) so that it does
not apply to scheduled monuments. This, to allow for individual
consideration of proposals through a planning application where a
building etc incidental to the enjoyment of the dwellinghouse would
be erected in the curtilage of a dwellinghouse that was designated
as a scheduled monument.

Ø 
We support the amendment. A requirement to submit a
planning application would be more appropriate to allow for
individual consideration of proposals and provide the opportunity
for any impact to be assessed on a case by
case basis. 
 

Proposed alterations of PD (under Class D and E of
Part 2), to:

a)   
remove limitations so that wall-mounted outlets and
upstands can be installed anywhere within an area lawfully used for
off-street parking.

b)   
increase to the height of the upstand from 2.3
metres to 2.7 metres for installations that are not within the
curtilage of a dwellinghouse or a block of flats.

Ø 
We support the approach as this will allow greater
flexibility within often constrained sites to locate the
infrastructure within a location that can be utilised most
efficiently.
 

Proposal that PD rights should allow for the
installation of a unit for equipment housing or storage cabinets to
support the operation of bigger and more powerful EV upstands
(subject to limitations and conditions)

Ø 
We support the approach as it will make installation
easier for sites installing large numbers of charge points as
allows greater flexibility in design.
 

Proposed alterations of PD (under Class G of part
14), to remove limitation that an air source heat pump must be at
least 1 metre from the property boundary.

 
We
support the approach with proviso that installation is acceptable
in terms of noise and emphasise that some form of noise mitigation
may be required.

Content

That the Lead Cabinet Member
for Planning agrees:
a.      
to submit the
response to the open consultation on changes to various permitted
development rights as set out in Appendix 1.
b.      
that delegated
authority is given to the Joint Director for Planning and Economic
Development to agree any minor amendments to the response in order
to finalise the joint response.