SCHEDULE 2Permitted development rights

F1PART 20Construction of New Dwellinghouses

Annotations:
Amendments (Textual)

F2Class AB - new dwellinghouses on terrace buildings in commercial or mixed use

Annotations:
Amendments (Textual)

Development not permittedAB.1

Development is not permitted by Class AB if—

F3za

the permission to use the building as a dwellinghouse has been granted only by virtue of Class MA of Part 3 of this Schedule;

a

the building was constructed before 1st July 1948 or after 5th March 2018;

b

on 5th March 2018 the building was in a use other than—

i

a use or mixed use within paragraph AB(2)(a) or (b); or

ii

a use falling within Class C3 of the Schedule to the Use Classes Order;

c

the additional storeys are constructed other than on the principal part of the building;

d

the floor to ceiling height of any additional storey, measured internally, would exceed the lower of—

i

3 metres; or

ii

the floor to ceiling height, measured internally, of any storey of the principal part of the existing building;

e

the new dwellinghouses are not flats;

f

the height of the highest part of the roof of the extended building (not including plant) would be greater than 18 metres;

g

the height of the highest part of the roof of the extended building would exceed by more than 3.5 metres the height of the highest part of the roof of every other building in the row of terrace buildings of which it forms part (not including plant, in each case);

h

the height of the highest part of the roof of the extended building would exceed the height of the highest part of the roof of the existing building (not including plant, in each case) by more than—

i

3.5 metres, where the existing building consists of one storey; or

ii

7 metres, where the existing building consists of more than one storey;

i

the existing building has been enlarged by the addition of one or more storeys above the original building, whether in reliance on permission granted under this Part or otherwise;

j

development under Class AB(3)(a) would include the provision of visible support structures on or attached to the exterior of the building upon completion of the development;

k

development under Class AB(3)(a) would consist of engineering operations other than works within the existing curtilage of the building to—

i

strengthen existing walls;

ii

strengthen existing foundations; or

iii

install or replace water, drainage, electricity, gas or other services;

l

in the case of Class AB(3)(b) development there is no existing plant on the building;

m

in the case of Class AB(3)(b) development the height of any replaced or additional plant as measured from the lowest surface of the new roof on the principal part of the extended building would exceed the height of any existing plant as measured from the lowest surface of the existing roof on the principal part of the existing building;

n

development under Class AB(3)(c) would extend beyond the curtilage of the existing building;

o

development under Class AB(3)(d) would—

i

extend beyond the curtilage of the existing building;

ii

be situated on land forward of a wall forming the principal elevation of the existing building; or

iii

be situated on land forward of a wall fronting a highway and forming a side elevation of the existing building; or

p

the land or site on which the building is located, is or forms part of—

i

article 2(3) land;

ii

a site of special scientific interest;

iii

a listed building or land within its curtilage;

iv

a scheduled monument or land within its curtilage;

v

a safety hazard area;

vi

a military explosives storage area; or

vii

land within 3 kilometres of the perimeter of an aerodrome.