DCLG published the catchily titled Technical Consultation on Planning paper at the end of last week. It’s a bit of hotchpotch of proposed changes to further refine and amend some of the Coalition’s key planning reforms. The content of the document substantiates some of the messages coming out of Government recently - that there won’t be any more major changes to the planning system, but there should be some further tinkering to make the existing system work better. An audible sigh of relief from planning officers and practitioners can almost be heard.
The key changes were:
- Making existing permitted development rights for a change of use from office (B1 uses) to residential (C3 uses) permanent beyond. However, the scope of the prior approval process will be expanded to consider ‘the potential impact of the significant loss of the most strategically important office accommodation’.
- Expanding permitted development rights to cover change of use from light industrial (B1 (c) use class) buildings and industrial (B8 use class) buildings, and some sui generis uses (launderettes, amusement arcades/centres, casinos and nightclubs are all named) to C3 residential dwellings, subject to prior approval being granted.
- Making the temporary permitted development rights which increased the threshold for extensions to shops, offices and industrial buildings permanent.
- A new provision which would mean condition are automatically discharged if Councils do not respond within 8 weeks. However, there are some proposed exceptions, such as flood risk conditions in areas of high flood risk.
- Amending the Development Management Procedure Order to make it compulsory for local authorities to share draft conditions before planning permission is granted.
- Revising the circumstances in which statutory consultees are automatically consulted and removing English Heritage’s powers of direction and authorisation in Greater London.
- Raising the threshold for Screening Opinion Requests for urban development projects (e.g. housing) from 0.5 hectares to something that would equate to 1,000 dwelling units.
- Changes to the process for nationally significant infrastructure planning regime.
- Statutory requirement for the examinations of neighbourhood plans to test the nature and adequacy of consultation.
- Making the current time-limited changes to permitted development rights for larger household extensions permanent.
- Bringing financial and professional services (A2 Use Class) within the A1 Use Class.
- Requiring planning permission to be sought for a change of use to a betting shop or pay day loan.
Of these changes, the amendments relating to the change of use from office to residential are the most far reaching. On the whole, the changes should be broadly welcomed, in particular increasing the threshold for EIA Screening Opinion Requests (as long as this does not fall foul of EU legislation) and making it compulsory to share draft conditions before an application is determined.
The proposal to automatically discharge conditions within 8 weeks is likely to further stretch local authorities. However, it will need to be carefully worded to ensure that local authorities do not simply refuse applications at the end of 8 week period where there is insufficient information, without previous dialogue with the applicant or a clear expectation over the level of detail expected to be provided up front.