PDA Planning Update - November 2012

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Planning Update: November 2012 The increase in planning fees comes into effect on the 22nd November and more details of the extension to permitted development rights have been published In our latest Planning Update, PDA highlights the latest changes and proposals in the planning system. 1. Planning Fees Increase: CLG has confirmed that the Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England) Regulations 2012 will come into force on Thursday, 22 November. The fee levels will generally increase by 15%. For example the fee for a single dwelling will increase to £385 from £335 currently. Refer to PDA’s new planning fees checker for information on the full range of new fees which is available on our website. 2. Consultation on Permitted Development Rights: The Government has published its long awaited consultation paper on extending permitted development rights for householders and owners of commercial properties. The consultation paper is open for comment until the 24 December 2012. In summary, the key changes are: •

Increasing the size limits for the depth of single-storey domestic extensions from 4m to 8m (for detached houses) and from 3m to 6m (for all other houses), in non-protected areas, for a period of three years. No changes are proposed for extensions of more than one storey;

Increasing the size limits for extensions to shop and professional/financial services establishments to 100 sq.m, and allowing the building of these extensions up to the boundary of the property (except where the boundary is with a residential property), in nonprotected areas, for a period of three years;

Increasing the size limits for extensions to offices to 100 sq.m, in non-protected areas, for a period of three years;

Increasing the size limits for new industrial buildings within the curtilage of existing industrial premises to 200 sq.m, in non-protected areas, for a period of three years;

Removing some prior approval requirements for the installation of broadband infrastructure for a period of five years.

The changes do not apply to properties in protected areas – conservation areas; National Parks; Areas of Outstanding Natural Beauty and Sites of Special Scientific Interest. They also do not replace the need for a separate listed building consent. The changes will be in place for a period of three years starting from the date on which the secondary legislation comes into effect. Developments will have to be completed by the end of the three year period and householders will be required to notify the local planning authority on completion of the work. Where a notification is not received by the end of the three year period the development will not count as permitted development and could be subject to enforcement action. The Government is also keen to explore whether there is scope to use permitted development to make it easier to carry out garage conversions and has invited comments on this idea. Other changes to permitted development are also being taken forward separately: making it easier for commercial properties to be converted to residential use; and encouraging the re-use of existing buildings through making changes of use easier. These changes have been subject to consultation already, so are not included in the current paper. 3. Consultation on Planning Appeals Process: Government has published a consultation paper outlining their proposals for making the appeals process more effective and efficient. The consultation period expires on the 13 December 2012. Key proposals include: • Earlier submission and notification of appeal statements – so interested parties see information earlier and can comment; • Agreeing ‘Common Ground’ upfront – so councils and appellants narrow the issues of dispute more openly and clearly; • Starting hearings and inquiries sooner – leading to quicker decisions, within agreed boundaries set for the Planning Inspectorate; • Introducing an expedited ‘Commercial Appeals Service’ – so some appeals on minor commercial developments follow a shorter process with a minimum of documentation.

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. 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. © Planning & Development Associates Ltd 2012. All rights reserved.


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