SCHEDULE 2E+WPermitted development rights

[F1PART 20E+WConstruction of New Dwellinghouses]

Textual Amendments

[F2Class AD - new dwellinghouses on detached buildings in use as dwellinghousesE+W

Textual Amendments

Development not permittedE+W

AD.1.  Development is not permitted by Class AD if—

[F3(za)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 falling within Class C3 (dwellinghouses) of the Schedule to the Use Classes Order; or

(ii)a use or mixed use within paragraph AA(2)(a) or (b) of this Part;

(c)the additional storeys are constructed other than on the principal part of the dwellinghouse;

(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 dwellinghouse;

(f)the new dwellinghouses are not flats;

(g)the height of the highest part of the roof of the extended building would be greater than 18 metres;

(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 dwellinghouse by more than—

(i)3.5 metres, where the existing dwellinghouse consists of one storey; or

(ii)7 metres, where the existing dwellinghouse consists of more than one storey;

(i)the existing dwellinghouse has been enlarged by the addition of one or more storeys above the original building, whether in reliance on permission granted under Class AA of Part 1, or otherwise;

(j)development under Class AD(2)(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 AD(2)(a) would consist of engineering operations other than works within the existing curtilage of the dwellinghouse to—

(i)strengthen existing walls;

(ii)strengthen existing foundations; or

(iii)install or replace water, drainage, electricity, gas or other services;

(l)development under Class AD(2)(b) would extend beyond the curtilage of the existing dwellinghouse;

(m)development under Class AD(2)(c) would—

(i)extend beyond the curtilage of the existing dwellinghouse;

(ii)be situated on land forward of a wall forming the principal elevation of the existing dwellinghouse; or

(iii)be situated on land forward of a wall fronting a highway and forming a side elevation of the existing dwellinghouse; or

(n)the land or site on which the dwellinghouse 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.]

Textual Amendments