Permitted development changes may cause decline in living standards, warns charity

Extending permitted development rights risks creating homes that will negatively affect residents' health, according to a leading health charity.

The Levelling Up Secretary, Michael Gove, announced in February that a range of changes to permitted development rights were being discussed to increase housing supply, particularly on brownfield sites, and maximise underused commercial spaces.

However, it is claimed these changes that will reduce the need for planning permission applications will lead to poorer quality housing in buildings not suitable for housing.

What are the changes to permitted development rights? 

The suggested changes to permitted development rights included:

• Bigger extensions to be allowed under new permitted development changes enabling householders to improve and enlarge their homes.
• Allowing the upward extension of a range of existing buildings.
• Allowing the demolition of certain buildings and rebuild as homes.
• Enabling the installation of electrical outlets for recharging electric vehicles and for the installation of air source heat pumps.

'Risks creating poor quality residential environments that negatively impact people’s health'

The decision to expand permitted development rights has raised concerns about the potential for low quality housing to be produced.

Jordi López Botey, head of the economic justice campaigns and programme at Medact, said: “The gaps in current regulations around permitted developments create an opportunity within which rogue developers and exploitative landlords seek to turn commercial buildings into a profitable business at the cost of tenants’ health, with relatively few restrictions or protections in place.”

With these permitted development rights being expanded Mr Lopez Botey has warned: “The proposal to allow the conversion of certain classes of building without requiring a planning application process raises serious concerns about this leading to further deterioration of standards.”

Cllr Shaun Davies, chair of the Local Government Association, also criticised the decision to extend permitted development rights claiming "premises such as offices, barns, and shops are not always suitable for housing".

"Further expanding permitted development rights risks creating poor quality residential environments that negatively impact people’s health and wellbeing, as well as a lack of affordable housing or suitable infrastructure."

Others claim PD rights will increase both quality and quantity of new homes

The planned changes have also drawn praise claiming they are necessary to tackle the current housing crisis and that new homes must adhere to building regulations.

Simon Kelly, a solicitor for Buckles, specialising in planning law, stated: "UK cities are amongst the least densely developed in Europe. The government is right to promote the ‘gentle densification’ of our cities and towns, both as a response to the housing crisis, and with a view to improving sustainability.  

"Converted or extended buildings are not always the optimal solution. However, upwards extension PD Rights enshrine a principle of more efficient use of existing residential and commercial land. 

"The upwards extension PD Rights alone cannot solve the housing crisis, but applied properly, they are a step in the right direction."

A Department for Levelling Up, Housing and Communities spokesperson said: "Homes built through permitted development rights must meet national space standards and comply with building safety rules, making sure we deliver high-quality homes that local communities want and need.

"At the same time as increasing the quantity of homes we are driving up quality, with the number of non-decent homes down by two million since 2010.

"Our changes will unlock thousands of new homes across the country and ensure neglected buildings are not sat gathering dust and brought back into use."

Additionally, it was claimed that new homes under permitted development must offer sufficient natural light and meet nationally described space standards and the Social Housing (Regulation) Act will be introduced to elevate standards and reduce non-decent homes nationwide.

Simon Kelly

Simon has trained, is qualified, and subsequently worked as a senior solicitor at one of the major City firms before transitioning to a national firm in Manchester, and eventually returning to his roots in Cambridge.

His work encompasses all facets of advisory, transactional, and contentious planning, compulsory purchase, and highways law, spanning from sizable to minor projects.