The Government’s new PD rights for roof-level extensions to existing buildings was announced with a lot of fanfare in August 2020. However, as many developers are finding out, it is not as straightforward as it may at first seem.

We look at a prior approval consent we obtained in Romford on an existing office block and consider some of the challenges that were faced, which we would suggest will be key areas for due diligence and planning risk for developers on most other sites.

The property
Holgate Court comprises a three-storey office development, which already benefits from permission for the conversion of the office areas to residential use.  

The buildings are arranged around a central courtyard and divided into separate blocks of offices.  Therefore, they in effect comprise a terrace of office buildings, as each individual office block has a party or adjoining wall to the neighbouring block comprised in the same group around the central courtyard. Prior approval was sought for only part of this group, together with the entrance way that services the block.  

Access routes from the public highway across private land are normally included within the ‘red line’ area to the application, so any servient land to an application should normally be included in the application, and it is important to ensure control over this land is deliverable (e.g. deed of right of way or ownership). This can come up in a Prior Approval application (see below on Section 106 Agreements).