The government has introduced new permitted development rights to make it easier to add extra floors to certain commercial buildings and blocks of flats. These rights were intended to boost housing supply, particularly in built-up urban areas.
As we have written before, councils are often cautious about these rights. Upward extensions are sensitive by their nature, and local authorities tend to be uncomfortable with government measures that limit their discretion over planning decisions.
The relevant rights are set out in Part 20 of the General Permitted Development Order. Class A allows the addition of new storeys to detached blocks of flats, subject to a prior approval process that focuses on specific impacts rather than the full range of planning considerations.
In this case, Newham Council refused prior approval for the addition of an extra floor to provide six new flats. The council argued that the development would harm neighbouring properties through a loss of light and outlook and by appearing overbearing and creating a sense of enclosure.
We disagreed with that assessment. On the client’s behalf, we commissioned a detailed Sunlight and Daylight Assessment, which demonstrated that the proposed additional floor would not cause unacceptable harm to neighbouring occupiers in terms of light.
At appeal, the inspector placed weight on the fact that the council had provided no technical evidence to counter the findings of this report. The inspector also disagreed with the council’s assessment of enclosure and overbearing impact, concluding that the additional storey would not cause material harm to neighbouring living conditions.
We were delighted when the appeal was allowed and prior approval was granted for the additional floor and six new flats.
This case is a good reminder that, even under permitted development, councils must base refusals on evidence rather than generalised concern.
