Following the Government's introduction of new permitted development rights to allow for office to residential conversion without planning permission, we are now seeing a response from local authorities hoping to protect their office stock.

The alterations to the Town and Country Planning (General Permitted Development) Order allows the change of use of B1a office buildings to C3 residential use subject to prior approval, which is a streamlined 8-week process where matters of flood risk, transport, or land contamination may be taken into account. These changes to permitted development rights have effect up to 30 May 2016 and apply to buildings in lawful use as offices at 30th May 2013.

Having offered all Councils the opportunity to apply for exemption, the DCLG decided to exempt 33 zones across 17 local authority areas. Some are perfectly logical such as the Central Activities Zone in London, others, including a number of Parishes in East Hampshire District and specific buildings within Sevenoaks District appear less so.

Now, the London Boroughs of Islington and Richmond have applied for a judicial review of the DCLG's selection of the exemption zones, supported financially by Tower Hamlets, and also with the support of other local authorities. Legal challenges can be a drawn out process, and depending on political pressures, we could be looking at some time before a decision is reached.

In the meantime, numerous local authorities including Islington, Richmond, Brighton & Hove and Southwark have also sought to apply Article 4 directions which would remove the permitted development rights, which can be immediate or non-immediate. An immediate direction would require the local authority to pay compensation where an applicant has submitted a prior approval in this period, which they would not with a non-immediate Article 4 direction (applied 12 months from notification). Islington in identifying an adoption date of 15 July 2014 for the direction has opted for the latter. It remains to be seen which option the other local authorities adopt.

Local authorities must demonstrate that the Article conforms with the NPPF's presumption in favour of sustainable development, and notify the Secretary of State of their intention to establish the direction. It will be interesting to see whether the Secretary of State exercises his right to cancel or modify these directions, as the  DCLG have previously discouraged authorities from using this option.

Notwithstanding the on-going actions of a number of local authorities, the simplified prior approval process remains in place for the majority of the Country for the time being, and we would urge applicants to submit any schemes soon. Iceni Projects has experience in submitting these prior approval schemes, and if you would like any assistance in applying, or tactical advice on this issue, please give us a call.