Newly appointed Construction Minister Sarah Jones, representing Croydon West, is set to shake things up in her dual role across the Department for Energy Security & Net Zero and the Department for Business and Trade. With a potential position as co-chair of the Construction Leadership Council, Jones stands out for her opposition to Permitted Development rights.
What Are Permitted Development Rights?
Certain types of work can be carried out without the need for planning permission under what is known as “permitted development rights”. These rights are not granted by the Local Authority, but rather by the Government, under a general planning permission. It’s important to note that while permitted development rights apply to many common projects for houses, they may not apply to flats, maisonettes or other types of buildings. Additionally, commercial properties have different permitted development right compared to the rights of residential dwellings.
In designated areas such as Conservation Areas, National Parks, Areas of Outstanding Natural Beauty, World Heritage Sites, or the Norfolk and Suffolk Broads, permitted development rights may be more restricted. Planning Permission may be required for certain types of work that would not need permission in other areas. Listed buildings also have different requirements.
It is advisable to contact your Local Planning Authority before starting any work to discuss your proposal. They can advise you on whether the development is permitted and if you need to apply for planning permission for all or part of the project.
It’s worth noting that some permitted development rights may have been removed by the Local Planning Authority through an “article 4” direction. In this event, you would need to apply for Planning Permission for work that would typically not require it.
Most Permitted Development rights are subject to conditions and limitations. Some classes of Permitted Development may require “Prior Approval” from the Local Planning Authority to assess the proposals and their potential impacts on factors like transport and highways.
Sarah Jones is of the opinion that this policy, aimed at streamlining housing development, has not yielded the desired results, particularly in terms of affordable housing, which was one of the primary focuses of the Labour Manifesto. In a passionate speech in the House of Commons , she criticised the haphazard nature of homes under Permitted Development, citing examples in Harlow, Luton, and Croydon where it has led to overdevelopment and hindered business growth. Jones also voiced her concerns about certain individuals profiting from these developments, labelling them as “unsavoury”.
What Does This Mean For Planning and Development?
Sarah Jones’s bold stance on Permitted Development sets her apart from many in the construction industry and may signal a potential shift in policy under her leadership. Indeed, her comments at Westminster Hall (back in 2020) were, “I hope the Secretary of State is having some second thoughts. The consultation was originally introduced to look at expanding permitted development, but he has made remarks in the Chamber and elsewhere that suggest he understands that there are problems that need to be fixed. The nature of retail and office space is changing, and traditional high streets are changing, but converting everything into residential at great speed with no quality is not the way to help our high streets.”
Our view at EAP Property Services is that if you have plans to improve your property under the current permitted development rules, then you should prioritise them in order to avoid missing out!
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