The Government is consulting on changes to the Permitted Development rights that affect schools. We’ve put together a summary of what is proposed.

What is proposed?

Permitted Development

Schools, colleges, universities, and hospitals are currently able to take advantage of ‘Class M’ permitted development rights (Part 7 to Schedule 2 of the General Permitted Development Order) to expand existing buildings, or add new buildings to an existing site. Works that are Permitted Development do not require planning permission. This Permitted Development right is currently subject to the following size limits:

• limiting extensions or additional buildings to no more than 25% of the gross floorspace of the original buildings; or
• a maximum cap of 100 square metres, or 250 square metres in the case of schools; and
• restricts the height of new buildings to 5 metres.

Ministry of Housing Communities and Local Government (MHCLG) is currently consulting on a proposal that would amend the above right as follows:

• allow expansion up to 25% of the footprint of the current buildings on the site at the time the legislation is brought into force; or
• up to 250 square metres, whichever is the greater.
• Increase the maximum height limit from 5m to 6m, excluding plant on the roof, except where it is within 10 metres of the boundary or curtilage.

This change is designed to allow greater flexibility for those sites that have enlarged or developed additional buildings over time and flexibility for those premises with a smaller footprint.

Planning Applications

MHCLG is also suggesting that hospitals, schools, further education colleges and prisons, which fall outside of the revised definition of Permitted Development, should be able to take advantage of a ‘fast-track’ planning application process. Input is being sought in relation to the scope and focus of such a revised application process.

What is the impact?

• Schools, hospitals, further and higher education facilities and prisons would be subject to a streamlined planning application process.
• For larger schools (>1,000 square meter footprint) the changes envisaged to Permitted Development would be minor as the maximum limit of 250 square metres will still apply, although such sites would still benefit from an additional metre in building height where the buildings are not within 10m of the boundary or curtilage.
• For medium sized schools (<1,000 square metres), particularly on sites that have expanded over time, the changes envisaged to Permitted Development will increase the maximum area of expanded or new buildings up to 250 square metres or 25% of the current building area (removing the link to the size of the original building).
• Colleges, universities, and hospitals of less than 1,000 square metres will enjoy the most significant change to their Permitted Development rights as the maximum permissible areas for new or expanded buildings will increase from a maximum or 100 square metres, to 250 square meters, bringing these sites into line with the Permitted Development right currently enjoyed by schools.
• School playing fields retain their existing protection under the proposed modification.
• Prisons and Defence sites would be included in the provision for the first time.

As part of the consultation MHCLG is actively seeking evidence to suggest that the maximum height for buildings delivered through Permitted Development should be increased further than the 6m proposed.

If you would like to discuss how these changes might affect you or your site, or you would like assistance in making a representation on this proposed change please contact Harry Quartermain on developmentplanning@landuse.co.uk.

The consultation period runs to 28 January 2021. More details are available here.