Build Build Build

PDP_Build Build Build

“Build Build Build” announced 10 Downing Street recently, with a government press release on June 30 proclaiming:

PM Boris Johnson has announced the most radical reforms to our planning system since the Second World War, making it easier to build better homes where people want to live.

He did not. He trailed a proposed white paper later in the year together with some further modifications to the existing regulations around change of use of buildings in town centres, demolition and building of residential property, and building above property. These modifications are due to come into effect in September.

  • Greater flexibility around the change of use of commercial property form for example from a shop to a café or an office without planning permission. Currently you can change a shop to an office or a café in principle but you need prior approval. Automatic changes from a shop to a café/restaurant could create problems for upper floor residents and for environmental health.
  • Change of use of a wider range of commercial property to residential without planning permission. Currently you can change the use of shop (A1) Bank or professional Office (A2), a takeaway (A5) office (B1a) and Light Industrial Unit (B1c), agricultural buildings, amusement arcades, betting offices, casinos, launderettes and pay day loan shops to dwellings subject to prior approval. There are limitations but these are generally justified. It should be remembered that the Office to Residential (Class O) permitted development right has led to the creation of very poor housing with no payments towards community facilities. Over 80% of Class ‘O’ dwellings are below minimum space standards and have included habitable rooms with no natural light. The government have just amended the General Permitted Development Order to require all habitable rooms in buildings converted into dwellings under permitted development to have adequate natural light. What is adequate is not specified.
  • Builders will no longer need a ‘normal’ planning permission to demolish and re-build vacant and redundant commercial and residential buildings to dwellings. Some form of prior notification is proposed.
  • Property owners will have a right to build additional space above their properties subject to neighbour notification.

These proposed changes are not radical but care is needed. Class ’O’ office to residential conversions have been a step too far and have led to mainly poor people living in very substandard accommodation. Covid 19 and the lock down have exposed this poverty of aspiration and a lack of care towards the poor and the vulnerable. Minimum space standards should be applied in all permitted development residential conversions without exception and on developments of 10 dwellings or more, S106 payments towards community facilities should be mandatory. It is unfair that a conversion of an office block into 50 homes attracts no section 106 monies while a development of 50 new build flats does. It means that better quality development pays for poor quality development and this is unacceptable.

Jonathan Jenkin, Managing Director, Planning & Design Practice Ltd

Government considering key changes to the General Permitted Development Order

PDPGeneral Permitted Development Order

The Government published a consultation which ran from 29th October 2018 until 14th January 2019 titled “Planning Reform – Supporting the high street and increasing the delivery of new homes.”

The most significant proposal is to introduce new Permitted Development (PD) rights “to provide additional self-contained homes by extending certain premises upwards”. It is proposed that the new rights would apply to premises in a range of uses that are compatible with C3 residential use. These are defined as potentially including:

“C3 residential premises, those A class and sui generis high street uses that can already change use to housing under a permitted development right ((shops (A1), financial and professional services (A2), restaurants and cafes (A3), betting shops, pay day loan shops and launderettes), offices (B1 (a)), and buildings in mixed use within these uses.”

It is proposed that the PD rights would not apply to: Article 2(3) land (including conservation areas, areas of outstanding natural beauty, the Broads, National Parks and World Heritage Sites), Sites of Special Scientific Interest (SSSI), the standard 4 exclusions (i.e. listed building, scheduled monument, safety hazard area, or military explosives storage area) or safeguarded land within 3km of the perimeter of an aerodrome.

The Government is proposing two different ways to deal with the height restrictions. Either, a PD right could allow premises in a terrace (of two or more properties) to extend upwards to be no higher than the main roofline of the highest building in the existing terrace, or, upward extensions could be permitted more widely to a height no higher than the prevailing roof height in the locality.

There is additionally a proposed maximum limit of no more than 5 storeys above grand level once extended (based on an additional storey not exceeding 3m in height). However it is proposed that this height limit would not apply in the case of purpose built, free standing blocks of flats over 5 storeys, which would be allowed to extend upwards (i.e. to a height greater than 5 storeys above ground level).

The applicant would still be required to apply to the Local Planning Authority for approval on a number of issues, such as flood risk and impact on neighbouring amenity.

The document also asks the question of whether these PD rights should additionally allow the upward extension of a dwelling for the enlargement of an existing home.

The second significant proposed change is to allow the demolition of commercial buildings and redevelopment as residential. At present, PD rights allow new homes to be delivered through change of use of existing buildings. The Government suggest that allowing demolition of commercial buildings and replacement build as residential, would allow high quality development to be secured which is consistent with national planning policy.

Feasibility really needs to be explored before this becomes a PD right and factors such as the height and density of new buildings would also need to be considered. It is also being considered whether the right should just apply to smaller sites, as this would be more practical. However it would still have the benefit of setting a precedent for larger sites.

Other matters being considered are:

-To allow shops (A1), financial and professional services (A2), hot food takeaways (A5), betting shops, pay day loan shop and launderettes to change to office use (B1). It is also proposed to allow hot food takeaways (A5) to change to residential use (C3);

-The removal of the existing right that allows the installation of, and advertising on, new public call boxes;

-Increasing size limits for off-street electric vehicle charging points;

-Greater flexibility for temporary changes of use;

-Making permanent two currently time-limited PD rights (B8 to C3 & larger extensions to dwellinghouses)/

There have been some fierce critics of the proposed changes. The Town and Country Planning Association has warned that the proposed changes will deprive local authorities of essential funding and risks creating poor living conditions for vulnerable people.

Dr Hugh Ellis, interim chief executive of the TCPA, said:

“Converting commercial and disused high-street properties into homes is fine, so long as it doesn’t condemn desperate people — often young people or poor families — to live in badly designed boxes without consideration for their health and wellbeing.

“Under the existing system of permitted development, 1,000 new flats can be built in an old 1970s office building or industrial estate, and the local council can’t require a single sq. ft. of play space for the children who live there — and the communities have effectively no say. This cannot become the norm.

“The rebirth of town centres requires vision and masterplanning, with real investment in culture and the built environment. How can we pay for this investment when permitted development removes the power of local authorities to get one penny in section 106 contributions from developers?”

The responses to the consultation will now be considered before any proposed amendments are published. We will provide an update on this in due course.

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