The residential sector has been struggling for a while. Supply and demand for land and living is becoming more and more challenging meaning that the Government are coming up with new ways in an attempt to resolve the problem.
On the 1st August 2020, a new Permitted Development Right (PDR) came into effect which attempted to relieve the housing demand pressure. This PDR is know as ‘airspace rights’ and falls under Part 20, Class A of The Town and Country Planning (Permitted Development and Miscellaneous Amendments) (England) (Coronavirus) Regulations 2020.
What are Class A ‘airspace rights’?
Class A airspace rights allow the construction of up to two additional storeys of flats immediately above the existing topmost residential storey on a building which is an existing purpose-built, detached block of flats. This is subject to a prior approval process, details of which need to comply with the regulations.
What is not permitted?
As with most PDR’s, such developments remain, subject to a number of approvals and there are exceptions.
1) The existing building cannot be in residential use as a result of a previous Permitted Development change of use.
2) The existing building cannot be less than 3-storeys in height.
3) The building is exempt if constructed before 1st July 1948 or after 5th March 2018.
4) Floor to ceiling heights of additional storeys cannot exceed 3 metres or the height of an existing storey.
5) The extended building cannot exceed 30 metres in height.
6) The overall height of the roof of the extended building cannot be greater than 7 metres higher than the highest part of the existing roof (not including existing plant).
7) Works cannot take place outside the existing curtilage of the building.
8) The building cannot lies within a Conservation Area, AONB, a National Park, the Broads, a site of special scientific interest, a listed building or land within its curtilage, a safety hazard area, a military explosives area, or land within 3km of the perimeter of an aerodrome.
Contact us
We’d urge any developer or landlord to speak to a specialist before investing too heavily – airspace developments are complex when it comes to legal issues and there are many factors to consider.
Hestia Town Planning 