Extensions to Commercial Premises With Permitted Development Rights Part 7, Class A

Extensions to Commercial Premises With Permitted Development Rights Part 7, Class A

Introduction

Extending or altering commercial premises is a necessary aspect of running a successful business in the UK, whether it be to accommodate changing business needs or to comply with regulations and safety standards.

The General Permitted Development Order allows for different types of buildings, including commercial premises, to be altered or extended under Permitted Development Rights Part 7 subject to certain conditions and limitations. However, there are exceptions to these rights in certain areas, such as Conservation areas and National Parks, etc. In such cases, planning permission is necessary. Additionally, local planning authorities have the power to eliminate permitted development rights in specific areas by issuing an Article 4 Direction or removing those rights. This means that planning permission will be required in those areas. 

It is important to note that some types of permitted development may require an application for Prior Approval. A Lawful Development Certificate can provide clarity in cases of doubt about the legality of a proposed development. Overall, understanding the conditions and limitations of Permitted Development Rights is crucial when considering extensions to commercial premises.

Commercial Extensions and Alterations

Commercial premises in the UK often require extensions and alterations to accommodate changing business needs, such as increased space requirements or updates to technology and equipment. Compliance with regulations and safety standards is another reason for alterations. Aesthetically, improvements may be necessary to remain competitive. Ultimately, extensions and alterations are a necessary and commonplace aspect of running a successful business in the UK.

Class A – Extensions etc of Commercial, Business or Service Premises

The Town and Country Planning (General Permitted Development) (England) Order 2015 allows for extensions or alterations to commercial, business, or service premises under “Permitted Development Rights Class A“. However, certain conditions and limitations must be met for an extension to qualify as a permitted development. Here are some of the conditions most related to building a commercial rear extension:

Development is not permitted by Class A if;

  • The gross floor space of the original building would be exceeded by more than 25% or 50 square metres (whichever is the lesser) on article 2(3) lands and sites of special scientific interest.
  • The gross floor space of the original building would be exceeded by more than 50% or 100 square metres in any other case (whichever is the lesser).
  • The height of the building as extended would exceed 4 metres.
  • Any part of the development (other than an alteration) is within 2 metres of any boundary of the curtilage of the premises.
  • Any part of the development (other than an alteration) is on land which adjoins other premises which are used for a purpose falling within any of the classes in Part C (residential premises or institutions) of the Use Class Order.
  • The development would be within the curtilage of a listed building.
  • The development would consist of or include the construction or provision of a verandah, balcony or raised platform (platform with a height greater than 0.3 metres).
  • Any part of the development would extend beyond the front of any existing building.
  • The development would involve the insertion or creation of a new shop front or the alteration or replacement of an existing shop front.
  • The development would involve the installation or replacement of a security grill or shutter on a shop front.
  • The development would be within the curtilage of a listed building.
  • Any alteration is not at ground floor level only.

Please refer to the relevant legislation for a detailed list of all conditions and limitations pertaining to building a commercial rear extension:
https://www.legislation.gov.uk/uksi/2015/596/schedule/2/part/7/crossheading/class-a-extensions-etc-of-shops-or-financial-or-professional-premises.

Prior Approval

It’s important to note that some types of permitted development may require an application for “Prior Approval”  to be submitted to the Local Planning Authority for assessment of the proposals and their potential impacts.

The time frame is typically 8 weeks from the date of application receipt but may vary based on the proposal type and may be extended by mutual agreement.

Lawful Development Certificate

A “Lawful Development Certificate” is a legal document that confirms the legality of building use, operational development, or related matters in the past, present, or future. It can be obtained when there is a need to verify the lawfulness of an existing or proposed use of buildings. This certificate is particularly useful when there is uncertainty about the legality of a proposed permitted development, such as building a rear extension. It ensures that any building operations or usage comply with relevant laws and regulations.

Obtaining a Lawful Development Certificate is advisable before starting any construction work, as this will ensure that the proposed development complies with planning regulations and provide evidence of its legality at the outset. It ensures that any building operations or usage comply with relevant laws and regulations, and can be obtained when there is a need to verify the lawfulness of an existing or proposed use of buildings

In conclusion, the eligibility for the development of a commercial extension under permitted development rights is subject to certain conditions and limitations. To maintain eligibility, it is important to ensure that these conditions and limitations are met. If you require further assessment to confirm these criteria, please do not hesitate to contact us.

To proceed with the building of a commercial extension, even if it does not meet the eligibility criteria for permitted development rights, we can submit a full planning application on your behalf.

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DISCLAIMER: There are numerous caveats and restrictions. Because of the generality of this update, the information provided herein may not be applicable in all situations.A comprehensive review would be required for certainty. The information contained on this website is for general information purposes only.

While every effort has been made to ensure that the information provided is accurate and relevant, we do not accept any liability for any decisions made based on this information, including any financial or construction-related decision.
For permitted development rights, it is important to note that when inquiring about the permissibility of proposed works, councils may not provide a definitive response via email. Instead, they may advise submitting a certificate of lawfulness to determine whether the works are permitted or not. While this may not always be necessary, it can provide certainty in cases where it is required.

Please contact us for further information and a more detailed assessment. If you are in any doubt, you should contact your Local Authority before undertaking any work. Whilst we endeavour to keep the information up to date and detailed, Se & Se Consultancy Ltd. makes no representations or warranties about the accuracy with respect to information of any kind without a detailed assessment and/or Local Authority confirmation.

Se & Se Consultancy Ltd. 2023 |
Planning and Architectural Specialists

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