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Class MA and space standards

Cazzy 33, modified 1 Month ago.

Class MA and space standards

New Member Posts: 2 Join Date: 14/06/24 Recent Posts

I am looking at a prior approval application under Class MA. In Article 3 of the GPDO it states

“(9A) Schedule 2 does not grant permission for, or authorise any development of, any new dwellinghouse—

(a)where the gross internal floor area is less than 37 square metres in size; or

(b)that does not comply with the nationally described space standard issued by the Department for Communities and Local Government on 27th March 2015

Why is it an OR rather than an AND? It reads as though you only have to comply with one or the other. The explanatory memorandum to the Statutory Instrument states: 

There are certain developers who have provided housing under national permitted development rights, which is below an acceptable standard, and as a result we have introduced a requirement that all new homes delivered under permitted development rights are no smaller than 37 square metres and meet the nationally described space standards, to ensure that homes are suitable for all occupiers.

It clearly uses AND. Why does the legistlation use OR? Is this a loophole or am I mis-reading it?

Evan Owen, modified 1 Month ago.

RE: Class MA and space standards

New Member Posts: 6 Join Date: 26/04/16 Recent Posts

You need to ask the policymakers.

Glen C, modified 29 Days ago.

RE: Class MA and space standards

New Member Posts: 6 Join Date: 03/02/23 Recent Posts

It's a matter of linguistic logic.

The starting sentence is in negative form:

“(9A) Schedule 2 does not grant permission for, or authorise any development of, any new dwellinghouse—

So OR is the correct logical operator. 

In your second sentence, and is the correct logical operator as thst sentence is worded in a positive form.

You are correct though in inferring that condition (a) could simply be omitted, as a flat below 37 sqm would also breach condition (b) anyway.

 

 

Ahsan Ghafoor, modified 29 Days ago.

RE: Class MA and space standards

New Member Posts: 6 Join Date: 20/05/24 Recent Posts

Its possible that any new dwellinghouse where the gross internal floorspace is less than 37m2 or there is not compliance with the nationally described space standard issued by DCLG on 27 March 2015 isn't PDR under Class MA. So, a new dwelling with GIA of less than 37 sqm in size fails (a). However, the national space standards apply to 1, 2 or 3 storey dwellings and includes minimum standards for other uses such as storage/circulation. I think the the proposal needs to comply with either (a) or (b).

richard white, modified 26 Days ago.

RE: Class MA and space standards

Advocate Posts: 218 Join Date: 26/11/18 Recent Posts

Hi Ahsan

I think Glen C is right - because this is a negative exception, satisfying even one criteria is enough to trigger the exception and permission is not granted. 

When something says 'permission is granted' if (a) OR (b) then permission is granted if either criteria is satisifed

When something says 'permission is NOT granted' if (a) OR (b) then permission is NOT granted if either criteria is satisifed

 

Cazzy 33, modified 26 Days ago.

RE: Class MA and space standards

New Member Posts: 2 Join Date: 14/06/24 Recent Posts

Thank you everyone for your comments. I think Glen C and Richard are right - but as often happens it could have been more clearly drafted!