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Updated Sep 3, 2020

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Groups warn of judicial review over changes to permitted development rights

New permitted development rights published by the Government in July which have come into force at the start of September are set to be challenged by campaigners who are seeking a judicial review and legal action against the Government.

The new permitted development rights allow:

  • a fast track approval process for homeowners to add up to two extra floors to their home without full planning permission; and
  • unused buildings to be demolished and repurposed as homes, and for commercial properties to be repurposed without full planning applications.

Concerns have mounted across campaigning groups as new research by UCL and the University of Liverpool into the quality of homes delivered through such permitted development rights showed that many conversions often lead to poorer quality residential environments across many areas linked to health, wellbeing and overall quality of life. Conversions such as these can fail to make any contribution to local areas, this is ordinarily a requirement of the planning system, failing to meet adequate design standards and in turn create worse living environments.

Over 30 organisations including the Royal Town Planning Institute (RTPI), Chartered Institute of Housing and Civic Voice and Rights: Community Action signed an open letter to the Ministry of Housing, Communities and Local Government, warning them against removing further planning powers from communities.

Rights: Community Action have also instructed solicitors to issue a pre-action protocol letter stating their intention to launch a judicial review of the changes made with these new permitted development rights, as they claim the Government has failed to consider its own expert advice or consultation response to the proposals. Legal action has also been discussed by campaigners over reforms by the Government to use-class orders.


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