The right to develop without red tape
Following hot on the heels of the Growth and Infrastructure Act, the Coalition Government has published changes to a variety of permitted development rights. It opens up new opportunities for developers, householders, farmers, businesses and retailers to develop with greater freedom and without the delays and uncertainties associated with the mainstream planning process.
The reforms create opportunity for changes in the use of a wide range of buildings. The table on the second page of the Comment, the link to which can be found at the end of this item, details the main changes involved, with the ‘big four’ relating to changes in use from office to residential, the introduction of flexible uses in the high street and for rural buildings, and the much publicised provision for larger home extensions.
The central aim is to stimulate development activity and to take advantage of buildings that are vacant or underused. The changes are a positive step. Whilst there is often scaremongering whenever there is a perceived loss of control, the reality is many will take advantage to develop and invest whilst avoiding some of the risk that the planning system typically entails.
Planning permission lite
Given the requirements for prior approval, the measures fall somewhere between traditional permitted development rights and a planning permission. There is some question as to whether local planning authorities (LPAs) will simply use the prior notification process as a means of requiring planning applications. However, the measures are clear on what can be considered. It is notable that reference is made to the NPPF but there is no requirement to consider the Local Plan.
Using the system
The underlying motivation for the changes is to legitimise some ‘playing of the system’, providing greater freedom and allowing development to come forward. The Coalition Government is openly welcoming developers and investors to take advantage of the measures, albeit for a limited time in some circumstances.
Shifting geographies
The change from office to residential will place certain areas under scrutiny. The wider London area and other major centres such as Birmingham, Liverpool, Leeds, Bristol and Southampton are under the microscope. Some areas have successfully ‘opted out’ but the vast majority remain and could change significantly, particularly where there is a concentration of older office accommodation that is suitable for conversion and unattractive to the market in its current form.
The focus on the rural area is also noted. Attracting investment into these areas is an underlying principle in the NPPF and will support the diversification of the rural economy.
Our view
The changes are positive and whilst there are still questions to be answered, the clear message is that investment is good, and the planning system is prepared to take a step back to allow it to take effect.
Stuart Irvine
Director
023 8072 4888
[email protected]
Download
You can read the full article as a downloadable pdf here.