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ARTICLE · 04 DECEMBER 2017

When Is A New Building Not A New Building?

BrookStreet des Roches
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A Planning Court decision in October 2017 raises an important issue. Whilst many conversions of buildings can rely on permitted development rights, most new build requires planning permission.

United KingdomReal Estate and Construction
Nigel Hewitson
Nigel Hewitson
Robin Barnes
Robin Barnes

A Planning Court decision in October 2017 raises an important issue. Whilst many conversions of buildings can rely on permitted development rights, most new build requires planning permission. But can a conversion of a building be so substantial that it instead constitutes a rebuild, requiring planning permission? The answer given by the Planning Court is: yes.

This may leave developers of an extensive conversion in a position where they face enforcement action for unauthorised development. In light of this case developers would be well-advised to carefully review with their legal advisers whether their conversion is in fact a rebuild for which they require planning permission.

The facts of the case

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