Introduction
On 29 October 2018 the Government announced as part of its measures under the Budget planning reforms to support the high street and to increase the delivery of new homes.
The Ministry of Housing, Communities and Local Government (MHCLG) have also published a consultation paper on these reforms which can be accessed on the MHCLG website at the following link.
The consultation closes on 14 January 2019.
The Consultation Paper
The consultation paper has four parts:
Part 1: Permitted development rights and use classes
The Government is proposing changes to permitted development rights and to the use classes to support development on the high street and the delivery of new homes. We discuss the proposals under Part 1 in detail in this post.
Part 2: Disposal of local authority land
There are well established consent procedures in place where local authorities seek to dispose of surplus land at less than best consideration and the Government is proposing to extend local authorities’ freedoms to do so without seeking consent from the Secretary of State, thereby providing greater flexibility to dispose of surplus land in support of local development objectives.
Part 3: Canal & River Trust: Draft listed building consent order
The Government is proposing to make the first listed building consent order which will allow minor, routine works to the Canal & River Trust’s listed waterway structures without the need for individual listed building consent applications.
Part 4: New town development corporations: Draft compulsory purchase guidance
The Government is seeking views on draft guidance on the compulsory purchase powers of new town development corporations. It sets out, amongst other things, the factors which Ministers will take into account when deciding whether or not to confirm new town compulsory purchase orders.
The focus of this post is on the proposals under Part 1 of the consultation paper.
Permitted development rights and use classes
Under Part 1 of the consultation paper the Government has put forward several proposals to reform permitted development rights and the use classes under the planning system in order to support the high street and the delivery of new homes. We discuss these proposals in detail below.
Greater flexibility of changes of use on the high street
The Government proposes the following new permitted development rights (which would be subject to prior approval by the local planning authority) to allow existing premises in typical high street uses to change to a wider range of uses:
- A new permitted development right to allow existing 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)
- A new permitted development right to allow existing hot food takeaways (A5) to change to residential use (C3)
The Government is also proposing to extend the existing permitted development right for the temporary change of use from shops (A1) financial and professional services (A2), restaurants and cafes (A3), hot food takeaways (A5), offices (B1), non-residential institutions (D1), assembly and leisure uses (D2), betting shops and pay day loan shops to change to shops (A1) financial and professional services (A2), restaurants and cafes (A3) or offices (B1) by allowing these premises to also change to certain community uses: public library, exhibition hall, museum, clinic or health centre. In addition, the Government proposes to extend the period of the temporary use from 2 years to 3 years.
The Government is also seeking views on simplifying the A1 shops use class to remove the current named uses and allow for a broader definition of uses for the sale, display or service to visiting members of the public, and also a possible new use class that provides for a mix of uses within the A1, A2 and A3 uses beyond that which is considered to be ancillary, which would support the diversification of high street businesses. This would replace the existing A1, A2 and A3 use classes and result in a single use class to cover shops, financial and professional services, restaurants and cafes.
Using airspace above existing buildings for homes
The Government proposes a new permitted development right, subject to prior approval by the local planning authority, to allow additional storeys to be built above certain buildings in a range of uses that are compatible with C3 residential use. These could include existing 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.
The new permitted development right could apply to the airspace above premises in a terrace of two or more joined properties where there is at least one higher building in the terrace. The roof of the premises extending upward would be no higher than the main roofline of the highest building in the existing terrace. An alternative approach being considered is to permit upward extensions more widely to a height no higher than the prevailing roof height in the locality. It is proposed that there should be a maximum limit of 5 storeys from ground level for a building once extended, with anything higher requiring a planning application. This would be based on an additional storey not exceeding 3 metres in height.
The Government proposes that for purpose built, free standing blocks of flats (C3) over 5 storeys, there should be a permitted development right to deliver additional homes through upwards extensions and is seeking views on this including whether there should be a limit on the number of additional storeys that could be added, for example 5.
Public call boxes
The Government proposes the removal of the existing permitted development right that allows the installation of, and advertising on, new public call boxes.
Electric vehicle charging points
The Government proposes to increase the height limit under existing permitted development rights for the installation of electric vehicle charging points located in off-street parking areas to facilitate rapid charging from 1.6m to 2.3m.
Making permanent existing time-limited permitted development rights
The Government proposes to make permanent the existing time-limited permitted development rights for the following development that will currently cease to have effect in 2019:
- A change of use from storage or distribution (B8) to residential (C3) use – this applies to buildings of up to 500 square metres of floorspace
- A single storey rear extension to a house (of up to 8 metres in length for detached houses and up to 6 metres in length for semi-detached and terrace houses)
Redevelopment of commercial buildings to homes
The Government is exploring the feasibility of a new permitted development right to allow for the demolition of existing commercial buildings and replacement build as residential. The consultation paper seeks views on what might be the scope of this right, but suggests that it may be a right focussed on smaller sites.
Our Comments
Clearly, high streets have been suffering in recent times with the failure of many well-known retail providers in light of the move by customers to online shopping through websites such as Amazon and other online retailers and there are many vacant retail sites on high streets as a result of this.
In our view, any proposals by the Government which seek to reinvigorate the high street by promoting appropriate alternative development to retail while at the same time also contributing towards tackling the ongoing housing supply crisis should be welcomed.
Note: all comments and views expressed in this blog are merely opinions and provided for information purposes only and do not constitute legal advice which can be relied upon. Should you require legal advice on a matter then please contact us
