Planning Forum Updates on the most recent changes

Planning Forum Updates on the most recent changes to planning at national level – including new “permitted development”. Thursday 6 th June 2013

A number of reforms are now contained in the Growth and Infrastructure Act 2013. Including: Renegotiate Planning Obligations Allowing renegotiation of planning obligations (section 106 agreements) relating to affordable housing to make a development economically viable again. Limiting power to require information with planning applications Information requested must be: – be reasonable having regard to the nature and scale of the proposed development; and, – may require evidence about a matter only if it is reasonable to think that this will be a material consideration in the determination of the application.

The Planning Guarantee Allowing planning applications to be decided by the Planning Inspectorate, if the local authority has a track record of consistently poor performance. • Secondary legislation required to enact this due in October 2013. • The proposal is for a refund of the application fee if no decision in 26 weeks (unless otherwise agreed), • Poorly performing authorities “designated” based on speed and quality. – Speed: less than 30% of majors determined within 13 weeks averaged over a two year period, – Quality: less than 20% of major application appeals allowed, over a two year period.

A number of reforms came into effect last week, including: – to allow change of use for certain buildings without needing planning permission; – to increase permitted development rights for extensions to homes and business premises, in non protected areas, for a three-year period; – to increase existing permitted development for certain telecommunications equipment, such as masts and antenna;

Other reforms include: – making further changes to the operation of the community infrastructure levy (CIL). – to rationalise Technical planning guidance (shorter but retain key elements, and be more accessible). – from 4 th May this year Temporary Stop Notices can be served on caravans. But only if its considered necessary and proportionate having regard to the Human Rights Act and Equalities Legislation e. g. they have somewhere else to go.

Changes to Permitted Development “Part 3” Prior Approval: Premises in B 1(a) office use will be able to change to C 3 residential use; Subject to prior approval covering highways and transport impacts and contamination and flooding. (Part 3 Class J).

You can change permanently to a state-funded school from: – B 1 (Business), – C 1 (Hotels), – C 2 (Residential Institutions), – C 2 A (Secure Residential Institutions), – D 1 (Non-residential Institutions), and, – D 2 (Assembly and Leisure) use classes. Subject to prior approval covering highways and transport impacts and noise (Part 3 Class K). You can revert from a state funded school to the previous use. (Part 3 Class L).

Agricultural buildings under 500 square metres will be able to change to a number of other uses; • • A 1 (Shops), A 2 (Financial & Professional Services), A 3 (Restaurants and Cafes), B 1 (Business), B 8 (Storage and Distribution), C 1 (Hotels), and, D 2 (Assembly and Leisure). For buildings between 150 square metres and 500 square metres, prior approval covering flooding, highways and transportation impacts, and noise will be required. To qualify the building must have been in agricultural use since 3 rd July 2012 or if the use began later than that date, for a period of at least 10 years. (Part 3 Class M).

Temporary Changes of Use: For a period of two years to help new and start-up businesses, buildings with; – A 1 (Shops), – A 2 (Financial & Professional Services), – A 3 (Restaurants and Cafes), – A 4 (Drinking Establishments), – A 5 (Hot Food Takeaways), – B 1 (Business), – D 1 (Non-residential Institutions), and, – D 2 (Assembly and Leisure) uses. Can change use to: – A 1 (Shops), – A 2 (Financial & Professional Services), – A 3 (Restaurants and Cafes), and, – B 1 (Business) uses. Cannot be used more than once, is subject to a floor space limit of 150 square metres & the developer must notify the LPA first (Part 4 Class D).

State Funded Schools: For a period of one academic year you can change from any use (other than a “sui-generis” use) to a “state-funded school”, so long as; – the use is approved by the Secretary of State for Education, – the latter Minister notifies the local authority, – this class is not used more than once for a particular site, – this class is subject to a condition preventing a subsequent change to other D 1 uses, and, – this class does not apply to a safety hazard area, a military explosives storage area, a listed buildings, or a scheduled monument. Part 4 Class C

There are increased thresholds for business change of use. Permitted Development thresholds will change from 235 square metres to 500 square metres. Enabling change of use from: • B 1 (Business) to B 8 (Storage and Distribution), • B 2 (General Industrial) to B 8 (Storage and Distribution), and, • B 8 (Storage and Distribution) to B 1 (Business). Part 3 Class B.

For a temporary period increased “permitted development” limits for “business” extensions. Industrial and warehouse development: Increase from 25% of gross floor space or 100 square metres (whichever is the lesser) to 50% or 200 square metres. Ø Works must be complete by 30 th May 2016 and developer must notify LPA after completion. Ø Must not be on Article 1(5) land or a SSSI. (Part 8 Class A). Office Buildings: Increase from 25% of gross floor space or 50 square metres (whichever is the lesser) to 50% or 100 square metres. Ø Works must be complete by 30 th May 2016 and developer must notify LPA after completion. Ø Must not adjoin a “C” Use Class, and not on Article 1(5) land or a SSSI. (Part 41 Class A).

Shops or professional services establishments (A 1 or A 2): Increase from 25% of gross floor space or 50 square metres (whichever is the lesser) to 50% or 100 square metres. Ø Works must be complete by 30 th May 2016 and developer must notify LPA after completion. Ø Restriction against extensions being within 2 m of boundary does not apply. Ø Must not adjoin a “C” Use Class, and not on Article 1(5) land or a SSSI. (Part 42 Class A).

Development by electronic communications code operators: – No prior approval required for a 5 year period from 30/05/2013 to 30/05/2018. – For works in Chilterns AONB & Conservation Areas, – For the construction, installation, alteration or replacement of a telegraph pole, cabinet or line, in connection with the provision of fixed-line broadband, (Part 24 Class A).

Householder Permitted Development The changes allow single storey rear extensions: – up to 6 m (attached houses), or, – up to 8 m (detached houses). To be erected during the 3 year period from 30 th May 2013 to 30 th May 2016. On houses that are not on Article 1(5) land [a Conservation Area, or within the Chilterns area of Outstanding Natural Beauty], nor on a site of special scientific interest.

From the date when the Council receives a notification (with the information required by the legislation), it has a period of 42 days to notify you of one of the following outcomes: – Prior approval is not required. – Prior approval is given. – Prior approval is refused. There is a right of appeal if prior approval is refused.

Questions