PDA Planning Update - September 2012 by Planning & Development Associates

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Planning Update: September 2012 The Government has announced further proposed planning reforms and development incentives to aid economic growth The Government has announced a wide range of proposed measures to promote growth, speed and flexibility in the planning system to support the economic recovery. PDA have condensed the â&#x20AC;&#x153;ProGrowthâ&#x20AC;? agenda into four key areas which will be subject to further consultation and regulation over the next few weeks and months:

1. Extension of permitted development rights Several proposed extensions to permitted development rights have been included in the latest planning reform announcement. The first of these is the right to allow two flats to be created above shops without the need for planning permission. This will take effect from 1st October (see inset box for implications of this change). Consultation is also due to commence shortly on increasing the permitted development rights for extensions to homes and businesses in non-protected areas for a three-year period. A further permitted development right is also to be introduced to enable the change of use from commercial to residential use as well as the temporary re-use of buildings without the need for planning permission.

2. Role of Planning Inspectorate The powers of the Planning Inspectorate will be extended under the latest proposals. Legislations is to be introduced to allow the Planning Inspectorate to decide planning applications where local authorities have a poor track record in decision-taking. The Planning Inspectorate is also to be given more powers to initiate an award of costs in planning appeal proceedings. This power shift signals a greater level of scrutiny of local planning authority (LPA) performance. There will also be a requirement for more transparent reporting on council performance on planning and there is a commitment to increase the use of Planning Performance Agreements for major schemes.

3. Promotion of speed and flexibility in planning system In order to kick-start the economy, the Government has included several proposals which relate to the speed and flexibility of the planning system. This includes the introduction of legislation, to be effective early in 2013, allowing an appeal to be lodged where sites are unviable due to the number of affordable homes. As well as the introduction of a fast-track procedure for some commercial appeals, all major economic and housing appeals are to be prioritised and consultation is due to be undertaken on options to speed up planning appeals. An urgent review of local and national standards with an accompanying plan of action is to be published next spring with a further encouragement to LPAs to review Green Belt boundaries.

Planning & Development Associates Ltd 123 Pall Mall, London, SW1Y 5EA | T: 0207 1010 789 | E: info@plandev.co.uk | www.plandev.co.uk This briefing contains general information only and is not intended to be comprehensive nor to provide professional advice to cover specific situations. It is not a substitute for such advice and should not be relied upon or used as a basis for any decision or action that may affect you or your business. We accept no duty of care or liability for any loss occasioned to any person acting or refraining from acting as a result of any material in this briefing. ÂŠ Planning & Development Associates Ltd 2012. All rights reserved.

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Planning Update: September 2012 CHANGE OF USE FROM RETAIL TO RESIDENTIAL ABOVE SHOPS This Order amends, in England, Part 3 of Schedule 2 to the Town and Country Planning (General Permitted Development) Order 1995 (S.I. 1995/418). Part 3 sets out permitted development rights in relation to certain changes of use, the effect of which is that those changes of use are granted planning permission without the need for a planning application.

Class F of Part 3 permits buildings used as shops, or for financial and professional services, to change to a mixed use incorporating a single residential flat, subject to conditions. Class G permits such mixed use buildings to revert back to single use. This new Order amends Classes F and G to extend the permitted development right and reversion to a mixed use incorporating up to two residential flats and comes into effect on 1 October 2012. The same conditions apply as in the 1995 Order:-

(a) some or all of the parts of the building used for any purposes within Class A1 or Class A2, as the case may be, of the Schedule to the Use Classes Order shall be situated on a floor below the part of the building used as a single flat; (b) where the development consists of a change of use of any building with a display window at ground floor level, the ground floor shall not be used in whole or in part as the single flat; (c) the single flat shall not be used otherwise than as a dwelling (whether or not as a sole or main residence)â&#x20AC;&#x201D; (i) by a single person or by people living together as a family, or (ii) by not more than six residents living together as a single household (including a household where care is provided for residents).

4. Incentivising development A debt guarantee is to be introduced to support the long-term delivery of new rental homes. Bids are also to be invited to provide up to 15,000 affordable homes through the use of loan guarantees, asset management flexibilities and capital funding. The empty homes refurbishment programme is to be extended and the FirstBuy scheme will be extended to March 2014. A review will be initiated to look at barriers holding back growth of the off-site construction sector. The proposals also include the introduction of legislation allowing developers to renegotiate non-viable s106 agreements entered into prior to April 2010, widening the planning regime for Major Infrastructure Projects to cover more development projects and extending the principle of a one-stop shop for non-planning consents for major infrastructure. To find out more, or to discuss the implications of the latest proposals for your development project, please contact Alan Gunne-Jones on 0207 1010 789.