Following the story in the Telegraph earlier this week (22nd January) Communities Secretary Eric Pickles confirmed today (24th January) that new planning measures will be introduced to allow change of use from B1(a) office to C3 residential without planning permission.
This is subject to a prior approval process covering significant transport and highway impacts; and development in safety hazard zones, areas of high flood risk and land contamination. The permitted development rights will only cover change of use and any associated physical development which currently requires a planning application will continue to need one.
It is perhaps interesting that only B1(a) is referred to. This class does not include an office in use within Class A2 (financial and professional services) and the other Class B1 uses namely (b) use for research and development of products or processes or (c) any industrial purpose being a use which can satisfactorily be carried out in a residential area are also by definition excluded.
This is subject to a prior approval process covering significant transport and highway impacts; and development in safety hazard zones, areas of high flood risk and land contamination. The permitted development rights will only cover change of use and any associated physical development which currently requires a planning application will continue to need one.
It is perhaps interesting that only B1(a) is referred to. This class does not include an office in use within Class A2 (financial and professional services) and the other Class B1 uses namely (b) use for research and development of products or processes or (c) any industrial purpose being a use which can satisfactorily be carried out in a residential area are also by definition excluded.
It is nevertheless hoped that this initiative will allow existing buildings to be quickly brought back into productive use although there are a whole host of issues that will inevitably arise in consequence of this change including Landlord & Tenant and lease user restriction issues together with infrastructure requirements and pressures on available facilities. There are also going to be issues about residential standards, additional amenity space requirements and the negotiation of affordable housing provision or s.106 agreement / Community Infrastructure Levy. Maybe these issues aren't seen as important by Government and the need for growth and additional housing overrides all.
The new permitted development right will be in place for 3 years (initially), and the change will need to be effected within that time in order to benefit from the relaxation.
It is recognised that because local circumstances vary, local authorities will have an opportunity to seek an exemption if they can demonstrate there would be substantial adverse economic consequences on the basis of either (a) the loss of a nationally significant area of economic activity or (b) substantial adverse economic consequences at the local authority level which are not offset by the positive benefits the new rights would bring. Such an exemption will apparently be granted by the Secretary of State only in exceptional circumstances.
In respect of the first head requests will be assessed by considering: the scale of the adverse impact in absolute terms; the significance of the adverse impact at a national level; the degree to which there is likely to be a strategic and long-term adverse economic impact; and whether the proposed area of exemption is the smallest area necessary to address the potential adverse economic impact.
In respect of the second head requests will be assessed by considering: the scale of the impact in absolute terms; the significance of the adverse impact at the level of the local authority or wider; the degree to which there is likely to be a strategic and long-term adverse economic impact; and whether the proposed area of exemption is the smallest area necessary to address the potential adverse economic impact.
The Chief Planner has confirmed today (24th January) that the changes will come into force in Spring 2013 and submissions in support of exemption applications must be received by CLG by 5pm on Friday 22nd February 2013.
It would appear that a number of significant local authorities are already planning to make application for exemption from these proposals. The Corporation of London is the obvious example and it has been suggested in a number of quarters that both Westminster and Kensington & Chelsea councils are also going to apply to opt out. Before long the floodgates will no doubt open and the proposal will be shot through not unlike the rear extensions relaxation and the threatened spate of Article 4 Directions.
Further permitted development reforms allowing conversion temporarily for 2 years include:
It is recognised that because local circumstances vary, local authorities will have an opportunity to seek an exemption if they can demonstrate there would be substantial adverse economic consequences on the basis of either (a) the loss of a nationally significant area of economic activity or (b) substantial adverse economic consequences at the local authority level which are not offset by the positive benefits the new rights would bring. Such an exemption will apparently be granted by the Secretary of State only in exceptional circumstances.
In respect of the first head requests will be assessed by considering: the scale of the adverse impact in absolute terms; the significance of the adverse impact at a national level; the degree to which there is likely to be a strategic and long-term adverse economic impact; and whether the proposed area of exemption is the smallest area necessary to address the potential adverse economic impact.
In respect of the second head requests will be assessed by considering: the scale of the impact in absolute terms; the significance of the adverse impact at the level of the local authority or wider; the degree to which there is likely to be a strategic and long-term adverse economic impact; and whether the proposed area of exemption is the smallest area necessary to address the potential adverse economic impact.
The Chief Planner has confirmed today (24th January) that the changes will come into force in Spring 2013 and submissions in support of exemption applications must be received by CLG by 5pm on Friday 22nd February 2013.
It would appear that a number of significant local authorities are already planning to make application for exemption from these proposals. The Corporation of London is the obvious example and it has been suggested in a number of quarters that both Westminster and Kensington & Chelsea councils are also going to apply to opt out. Before long the floodgates will no doubt open and the proposal will be shot through not unlike the rear extensions relaxation and the threatened spate of Article 4 Directions.
Further permitted development reforms allowing conversion temporarily for 2 years include:
- allowing agricultural buildings to be converted for other business uses without the need for planning permission up to a specific size still to be determined subject to a prior approval process for conversions beyond that size to guard against unacceptable impacts, such as flooding, transport and noise and subject to a restriction on being able to convert to residential dwellings;
- increased thresholds for permitted development rights for change of use between business / office (B1) and warehouse (B8) classes and from general industry (B2) to B1 and B8 from 235 square metres to 500 square metres; and
- town centre uses that can convert to other uses include shops (A1), financial and professional services (A2), restaurants and cafes (A3) and offices (B1).
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