PDA Planning Update - May 2013
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The passing of the Growth and Infrastructure Act and changes to General Permitted Development Rights have signalled some important changes in planning recently Planning & Development Associates Ltd 123 Pall Mall, London, SW1Y 5EA | T: 0207 1010 789 | E: [email protected] | 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 2013. All rights reserved. Planning Update: May 2013 + planning + development associates Relaxation of affordable housing requirements Section 7 of the Act contains provisions that allow section 106 agreements to be modified in relation to their affordable housing provisions. New application and appeal procedures are introduced which allow the affordable housing requirements on existing planning permissions to be reviewed. The new procedures will assess the viability of affordable housing requirements only and will not review other planning considerations. They will not apply to rural exception sites. An application can be made to the local planning authority for a revised affordable housing obligation. The application will be required to contain a revised affordable housing proposal, based on, and supported by, evidence on viability prevailing at the time of the application. A right of appeal exists if the local planning authority reject the revised affordable housing proposal. If the affordable housing provisions are accepted on appeal they will endure for a period of three years from the decision date. If the development is not completed within this time period then the original affordable housing obligation will apply that part of the development that has not been commenced. Local planning authorities have similar powers to impose a time constraint in accepting modified affordable housing proposals. The viability evidence to support such applications should use the original viability appraisal as the starting point, updated to reflect current market conditions. The assumption should be that other planning obligations remain and only affordable housing provisions will be reviewed by this new application and appeal process. “The Growth and Infrastructure Act is a major landmark for the coalition government. These new laws will reform our economy so it can boost investment, growth and jobs by streamlining a lot of confusing and overlapping red tape that all too often gets in the way of people’s everyday lives.” Nick Boles MP, Planning Minister Growth and Infrastructure Act The Growth and Infrastructure Act received Royal Assent on the 25 April 2013. The Act introduces further reforms aimed at removing bureaucracy and stimulating economic growth. The Act includes a number of measures that affect planning: • Allowing the government to direct that some planning applications to specific poorly-performing local authorities be made directly to the Planning Inspectorate instead; • Expanding powers to award costs for planning inquiries; • Allowing section 106 agreements to be modified in relation to their affordable housing provisions; • Allowing prior approval of permitted development orders for changes of use and the inclusion of neighbour consultations for house extensions; • Restricting the information the additional information that local authorities can require for planning applications; and • Restricting when town and village green applications can be made. The amendments to section 106 affordable housing provisions came into immediate effect as did the proposals for prior notification of householder extensions, although the increased permitted development rights for householders will be subject to secondary legislation. This Briefing Note explores these new immediate measures in more detail. To find out more, or to discuss the implications of the latest legislative changes for your project, please contact Alan Gunne-Jones on 0207 1010 789.
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PDA reviews the Growth and Infrastructure Act and changes to General Permitted Development Rights.
Transcript of PDA Planning Update - May 2013
The passing of the Growth and Infrastructure Act and changes to General Permitted Development Rights have signalled some important changes in planning recently
Planning & Development Associates Ltd 123 Pall Mall, London, SW1Y 5EA | T: 0207 1010 789 | E: [email protected] | 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 2013. All rights reserved.
Planning Update: May 2013
+planning + development associates
Relaxation of affordable housing requirements
Section 7 of the Act contains provisions that allow section 106 agreements to be modified in relation to their affordable housing provisions. New application and appeal procedures are introduced which allow the affordable housing requirements on existing planning permissions to be reviewed. The new procedures will assess the viability of affordable housing requirements only and will not review other planning considerations. They will not apply to rural exception sites.
An application can be made to the local planning authority for a revised affordable housing obligation. The application will be required to contain a revised affordable housing proposal, based on, and supported by, evidence on viability prevailing at the time of the application. A right of appeal exists if the local planning authority reject the revised affordable housing proposal.
If the affordable housing provisions are accepted on appeal they will endure for a period of three years from the decision date. If the development is not completed within this time period then the original affordable housing obligation will apply that part of the development that has not been commenced.
Local planning authorities have similar powers to impose a time constraint in accepting modified affordable housing proposals.
The viability evidence to support such applications should use the original viability appraisal as the starting point, updated to reflect current market conditions.
The assumption should be that other planning obligations remain and only affordable housing provisions will be reviewed by this new application and appeal process.
“The Growth and Infrastructure Act is a major landmark for the coalition government. These new laws will reform our economy so it can boost investment, growth and jobs by streamlining a lot of confusing and overlapping red tape that all too often gets in the way of people’s everyday lives.”
Nick Boles MP, Planning Minister
Growth and Infrastructure Act
The Growth and Infrastructure Act received Royal Assent on the 25 April 2013. The Act introduces further reforms aimed at removing bureaucracy and stimulating economic growth. The Act includes a number of measures that affect planning:
• Allowing the government to direct that some planning applications to specific poorly-performing local authorities be made directly to the Planning Inspectorate instead;
• Expanding powers to award costs for planning inquiries;
• Allowing section 106 agreements to be modified in relation to their affordable housing provisions;
• Allowing prior approval of permitted development orders for changes of use and the inclusion of neighbour consultations for house extensions;
• Restricting the information the additional information that local authorities can require for planning applications; and
• Restricting when town and village green applications can be made.
The amendments to section 106 affordable housing provisions came into immediate effect as did the proposals for prior notification of householder extensions, although the increased permitted development rights for householders will be subject to secondary legislation. This Briefing Note explores these new immediate measures in more detail.
To find out more, or to discuss the implications of the latest legislative changes for your 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: [email protected] | 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 2013. All rights reserved.
Planning Update: May 2013
+planning + development associates
Extension of permitted development entitlements
On 9 May 2013 the Government announced changes to the permitted development entitlements that are due to take effect on 30 May 2013.
The permitted changes comprise:
• Change of use from B1(a) to residential (C3)
• Temporary change of use for two years for buildings that are currently classed as retail, financial services, restaurants, pubs, hot food takeaways, offices, leisure and assembly uses to retail, financial services, restaurants, cafes and offices
• Change of use to other business uses for agricultural buildings under 500sq.m in area. Prior approval is required where the building is between 150sq.m and 500sq.m
• Increased threshold of 500sq.m for changes of use from offices and general industrial use to storage and distribution and vice versa
• Change of use from offices, hotels and assembly or leisure to a state funded school on a permanent basis, subject to a prior approval covering highway impacts
• Temporary change of use for a building in any use class to be used as a state funded school for 1 academic year
• Prior approval for the siting and appearance of fixed broadband infrastructure has been relaxed for 5 years
• Extension of homes and businesses, with neighbour consultation required for household extensions.
They also announced the areas that are exempt from the office to residential permitted development rights. There are 17 local authorities where parts of their areas are exempt. These are in the City of London, the London Boroughs of Camden, Islington, Hackney, Tower Hamlets, Southwark, Lambeth, Wandsworth, Westminster, Newham, Kensington & Chelsea, Vale of White Horse, Stevenage, Ashford (Kent), Sevenoaks, East Hampshire and Manchester City. The exempt areas range from individual buildings, roads or designated zones.
Householder extensions
Section 4 of the Growth and Infrastructure Act allows prior approval of permitted development orders for changes of use and allows the inclusion of neighbour consultations for house extensions. This provision was added in response to pressure during the Parliamentary process and would require householders seeking to exercise their extended permitted development rights for domestic extensions to notify their local planning authority of the details. The authority would then notify adjoining neighbours and if no objections are made within 21 days the development could proceed. If the Council receive objections then they must determine whether the proposal would have an unacceptable impact on neighbour’s amenity. The householder would have a right of appeal if the prior approval is not given or can simply revert to submitting a planning application.
Village Greens
Some of the provisions in respect of Town and Village Greens came into effect on the day that the Act was enacted. These provisions mean that it is no longer possible to apply to register land as a town or village green where the land is subject to a planning application which has been subject to publicity; an allocation for development in a draft or adopted local plan: a saved 'old-style' development plan; or a draft or adopted neighbourhood plan; or an application for a nationally significant infrastructure project which has been publicised in accordance with the Planning Act 2008.
