In a very low key announcement last week, DCLG published ‘Technical Consultation on Planning’. As the broad and unspecific nature of the title suggests it’s a document that sets out a proposed technical amendments to secondary planning legislation relating to a wide range of issues. One of the most important set of changes relate to permitted development rights covering change of use from offices to residential.

There are essentially three main proposed changes:

1.       The Government will legislate to make the permitted development rights permanent, subject to the inclusion of a new test on whether the proposed development would amount to ‘a significant loss of the most strategically important office accommodation’. This is in addition to the current tests on highways, flooding and land contamination considered through the prior approval process.

2.       The permitted development rights will be expanded to cover the change of use from light industrial units (in the B1 (C) use class), warehouse accommodation (in the B8 use class) and some sui generis uses to residential properties, subject to prior approval; the regulations currently only cover offices (within the B1 (a) use class).

3.       An extension of the deadline to complete office to residential developments granted prior approval schemes from 30 May 2016 to 30 May 2019.

Turning to each point in sequential order, the paper states that the test on what will be considered strategically important office accommodation will be tightly drawn to avoid it being used to undermine the policy. No definition is suggested and the paper asks for some potential definitions from respondents; this would appear to present some considerable difficulties. What is considered to be strategically important office accommodation will differ greatly between, say, Mendip and Manchester. Alternatively, a broad definition that does not include specific thresholds set by internal floorspace has significant potential to open up the system to creative interpretation over what is ‘strategically important floorspace’ and lead to delays in the process or even appeals. A threshold based on floorspace set at a very high level would appear to be the most sensible option.

The second main change would extend the ability to convert light industrial units and warehouses to residential dwellings. There would appear to be a lot potential to utilise warehouse units to provide residential accommodation, however these types of buildings often require significant external alterations to make them fit for residential purpose. Depending on the degree of work required, this could trigger the need for a full-scale planning application.

Finally, the Government is also proposing to extend the time limit to implement existing Prior Approval applications and those permitted up to 30 May 2016. The most obvious question at this juncture is why bother extending this deadline if the permitted development rights are to be made permanent? However, the paper states:

‘While the intention is that the new right will be legislated for at the earliest opportunity, it would not come into force until the existing permitted development right ends in May 2016.’

A number of developers were already starting to wonder if there was sufficient time to apply to get a change of use through the system and implement it before May 2016; an extension of this time limit will therefore give this policy a shot in the arm. Given that the Labour Party has stated their intention to give local authorities the power to determine their own permitted development rights should they get into power, this could be a way of ensuring that implementation of this policy is not undermined by uncertainty in the run up to the Election, as well as a quirk of the legislation.