High Court Ruling on adding extra Floors

High Court Ruling on adding extra Floors

11:28 AM, 15th February 2022, About 4 months ago

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Thinking of adding extra floors onto your property? Airspace Development may now be a little harder as a result of last week’s High Court Ruling curtailing development opportunities.

Last year, new Permitted Development rights were introduced to great fanfare as the biggest shake-up to the planning system. Although described as Permitted Developments, they are actually Prior Approvals where pre-set conditions need to be met.

In this ruling, the Judge made some key points, which we discuss in this video.

By all means read the full 27 Page High Court ruling which may affect your ability to utilise the new Permitted Developments Class AA, Class AB, Class AC and Class AD and the Prior Approval Class ZA demolish and rebuild.

We have recorded this 25-minute explainer video to tease out the key points from this ruling.

The biggest points are Amenity, Design and External Appearance, Wider Character and Appearance on an area and must be of similar materials to the existing building.

The issues in this case regarding the true construction of the prior approval controls on external appearance and impact on amenity need to be seen in the context of similar permitted development rights in Part 20 of Schedule 2 to GPDO 2015 which include Class AA, Class AB, Class AC and Class AD and the Prior Approval Class ZA demolish and rebuild have inconsistent drafting which we noted in our explainer videos on these topics and the judge notes this in his summing up along with the fact that just because something is not explicitly stated in the legislation does not mean that you can treat it as a loophole. This is a fundamental point.

Watch the full video below for all the details:



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