New Homes Or Jobs? – Relaxation Of Planning Rules: Consultation
The Department for Communities and Local Government has set out details of proposed changes to permitted development (PD) rights. This follows on from the March 2011 budget document “The Plan for Growth” which set out the government’s aim to identify more opportunities to exempt development from the planning system and increase the supply of housing.
A detailed consultation paper has now been published (Link Available Here). The consultation ends on 30 June 2011. The government are proposing:
New permitted development (PD) rights for changing the use of any Use Class B1 land or building (offices, research and development and/or light industry) to residential (Use Class C3). Planning permission would only be necessary for external works constituting development.
New PD rights for changing the use of Use Classes B2 (general industrial) and B8 (storage and distribution) to residential (Use Class C3). Planning permission would only be necessary for external works constituting development.
Extend PD rights to allow for more than one flat above a shop.
Possibility of standard conditions being attached to any permitted development right to ensure that adverse impacts are mitigated and of a scale threshold above which the rights wouldn’t apply.
Local authorities to be able to issue an article 4 direction under the General Permitted Development Order to withdraw any of these proposed permitted development rights.
The exclusion of listed buildings, scheduled monuments, safety hazard zones, EIA development and development on contaminated land from this order.
As planning permission will still be required for external works and Building Regulations approval will still be required for internal works this may not lead to a speedier authorisation process for developers.
It is likely that local authorities will restrict the new rights by making an article 4 direction in key strategic employment locations and possibly on sites not close to existing town or district centre boundaries. They may choose to do this so as not to act as a constraint to future commercial development in certain areas due to issues of parking, noise and residential amenity.
In summary, these proposals could help tackle the need for more housing and many developers and land owners will welcome this proposal as there is less emphasis on the need to protect employment land against "loss" to residential use. However, they may introduce new uncertainty on local planning authority plans for employment land supply and in their assessments of housing need and supply due to potential "windfall” residential conversions coming forward.
