Consultation published on PD rights for upward extensions

The government and mayor of London said that they are working together to increase the opportunities and flexibility to deliver more homes in the capital. The consultation paper "seeks views on three proposals to increase housing supply in the capital by allowing a limited number of additional storeys to be built up to the roofline of an adjoining building through permitted development (PD) rights, local development orders or development plan policies."

There are existing PD rights that allow rear, side or roof extensions to existing homes without the need to apply for planning permission but the government are looking for new innovative ways to help achieve the city's housing target.

The first option proposes "a new [PD] right in London to allow additional storeys to be built on an existing building, up to the height of an adjoining roofline. [..] The new right could provide for up to two additional storeys to be added to an existing building, where the roofline of the adjoining premises is a minimum of two storeys taller."

"A single storey could be added where the roofline of the adjoining premises is one storey taller. This will help to manage the impact of the development on the area."

The PD right "could apply where the development would be above a range of uses, such as existing residential use, both flats and houses, retail and other high street uses, and offices."

As part of the proposal, a neighbour consultation scheme would also be introduced so neighbouring properties have the opportunity to raise concerns on any upward extensions. If a neighbour raises objections then the local council will consider the impact on their amenity. There are also a number of elements that need to be considered, these include the possibility of exempting listed buildings and the impact on conservation areas.

The second option would allow for London boroughs to use existing powers and bring forward local development orders. "They could grant planning permission for upward extensions in specific areas."

"London boroughs could develop local development orders to meet the particular needs of their area" and exclude specific locations if required. Local councils are also required to consult the relevant local community if they bring forward a local development order. This would give neighbours the opportunity to voice any concerns and feed into the design of the order.

The third proposal is that the "mayor of London could bring forward new planning policies to support additional storeys for new dwellings when reviewing the London Plan. This could be linked to existing policies for areas of intensification, including town centres, already set out in the London Plan."

If a policy was included in the London plan, this could encourage new development which would help deliver housing in the capital. "A planning application would still be required to build upwards. However, boroughs’ local plans have to be in 'general conformity' with the London Plan, and its policies are taken into account in planning decisions in London."

Planning expert Victoria Lindsay of Pinsent Masons, the law firm behind Out-Law.com said: "These proposals were initially mooted in the government's July 2015 Productivity Plan and are similar to the measures to allow conversion of office to residential units through PD rights. Listed building and buildings in conservation areas will prohibit this PD right in a number of London locations; however, it is likely to be well received by many homeowners and developers."