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 “Pro-

Growth” 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.

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.

Planning Update: September 2012

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

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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.

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)—

(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).

Planning Update: September 2012