Unlocking Airspace : Understanding Permitted Development

As an airspace developer, navigating the intricacies of the UK planning system is essential to unlocking the full potential of your projects. One such regulation that significantly impacts airspace development opportunities is the Town and Country Planning (General Permitted Development) (England) Order 2015.

Introduced to streamline the planning process and promote sustainable development, the Order provides a framework for certain types of development that can proceed without the need for a full planning application. Understanding how this legislation applies to airspace development is crucial for maximising the value of your airspace.

Permitted Development Rights for Airspace

Permitted Development Rights (PDRs) under the Order grant developers the ability to undertake specific developments without seeking full planning permission. These rights have been around since 1948 and were commonly used to for householder applications. However, on June 25th 2020 an update to Order 2015 was made, including a new 20th Part relating to the construction of new dwellings within England within airspace.

Exploring Part 20: Construction of New Flats in Airspace

This section permits the development of new residential units in airspace above various types of buildings across England. However, Part 20 is not applicable to Article 2(3) Land, encompassing Conservation areas. Additionally, it prohibits the establishment of Houses in Multiple Occupation (HMOs) without full planning permission and excludes properties that are already designated as or contain an HMO.

There are 6 different classes at the time of writing, and the specifics are outlined below:

1. Class ZA: This permits the demolition of a single detached building or a free-standing purpose-built block of flats, replacing it with an individual detached block of flats or a single detached house within the footprint of the old building, with up to two additional storeys in the airspace.
   

2. Class A: Allows for the construction of up to two additional storeys of new flats in the airspace above a purpose-built detached block of flats.
   

3. Class AA: Permits the construction of up to two new storeys of flats in the airspace above detached buildings in commercial or mixed use, including those with residential elements.
   

4. Class AB: Allows the construction of new flats in the airspace above terrace buildings, including semi-detached buildings, in commercial or mixed use, with the possibility of adding up to two storeys if the existing building is two or more storeys tall, or one additional storey for single-storey buildings.
   

5. Class AC: Permits the construction of new flats in the airspace above terrace dwellinghouses, including semi-detached houses, with similar height limitations as Class AB.
   

6. Class AD: Allows the construction of new flats in the airspace above detached dwellinghouses, with height limitations similar to Classes AB and AC.

Limitations and Conditions

It's crucial to understand that these new permitted development rights come with limitations and conditions. Prior approval from the local planning authority is required for certain matters, ensuring that developments comply with relevant regulations and considerations, such as design, impact on the surrounding area, and infrastructure.

Conclusion

The Town and Country Planning (General Permitted Development) (England) Order 2015, with its recent addition of the 20th Part, presents a significant opportunity for airspace developers to unlock new avenues of development. By comprehensively understanding the nuances of each section and diligently navigating the associated limitations and conditions, developers can harness the full potential of airspace while contributing to sustainable urban development across England.