Planning ahead to encourage growth in the building sector

Posted: 05/10/2012

The ink is still drying on the new National Planning Policy Framework, but barely a day goes by without a planning announcement to boost the economy and streamline the planning process. Below is a summary of some of the more important developments.

Changes to use classes and permitted development rights

• from 1 October 2012 existing permitted development rights (which dispense with the need for planning permission) are extended to allow space above shops and other town centre uses to be converted into two (rather than one) flats;
• paragraph 51 of the National Planning Policy Framework now encourages the grant of planning permission for changes of use from commercial to residential unless there are ‘strong economic reasons why such development would be inappropriate’.

A consultation, which closed on 11 September 2012, proposes:

• permitted development rights for a temporary (two year) change of use from certain commercial properties (A classes, B1 and D1 and D2 classes) to new low impact uses (likely to be uses within A1, A2, A3 and B1);
• doubling the thresholds for permitted development rights for change of use between B1 and B8 and from B2 to B1 and B8;
• permitted development rights to convert from C1 to C3; and
• permitted development rights allowing agricultural buildings to convert to ‘low-impact business use’ such as workshops, offices, storage, cafés and leisure.

Changes to increase existing permitted development rights for extensions to homes and business premises for a three-year period are also expected shortly.

Reconsideration of section 106 agreements

A consultation (closing on 8 October 2012) proposes new regulations allowing an application to be made to the local authority one month after their introduction to formally renegotiate the terms of section 106 agreements agreed on or before 6 April 2010. Currently a formal request to reconsider a section 106 agreement can only be made after five years from the date of the agreement.

Legislation is also expected in early 2013 allowing developers of unviable sites (due to the affordable homes allocation requirement) to appeal for a variation of the affordable homes allocation. The Planning Inspector may then vary the affordable homes allocation for a three year period to reflect current economic circumstances.

Extension to time limits to implement planning decisions

New regulations in force on 1 October 2012 allow those with unimplemented extant permissions granted on or before 1 October 2010 (previously the deadline was 1 October 2009) to apply for a replacement permission for the same development, and benefit from a new time limit for implementation. When applying for the replacement planning permission, the applicant will pay a lower fee and will not have to re-submit design and access statements, conduct full consultations, or provide full plans and drawings.

Other changes to watch

• the planning appeals procedure is to be reviewed and the planning applications and related consents regimes are to be streamlined to include a 12 month guarantee for the processing of all planning applications and appeals;
• changes are to be made to the threshold for major infrastructure projects so that more commercial developments can be decided at a national level through the national infrastructure planning system;
• legislation is to be introduced to allow planning applications to be decided by the Planning Inspectorate, if the local authority has a track record of consistently poor performance;
• changes to the system of listed building consents are being consulted on;
• regulatory changes are expected this autumn to ensure that developers are not charged CIL twice on the same development, where an existing planning consent is amended;
• planning fees are to be increased by around 15%.
• temporary measures (lasting five years) are to be implemented to assist the roll-out of superfast broadband. Under the proposals, broadband street cabinets and other infrastructure would be installed without the need for prior approval from the local council. Overhead broadband lines would be installed in any area without the need for planning or other permission.

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