Changing the boundaries of
planning control
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John Bosworth
John Bosworth
Partner
Email j.bosworth@ashfords.co.uk
Direct +44 (0) 1392 333842
Mobile +44 (0) 7843 265351
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Changing the Boundaries
• Permitted Development
– What is Permitted Development?
– Article 4 directions
– Recent changes
– Greater flexibilities for change of use – consultation
• Neighbourhood Development
• Local Development Orders
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What is Permitted Development?
• The right to make certain changes to a building
without the need to apply for planning permission
• Application process is dispensed with
• Control by the Town and Country Planning
(General Permitted Development) Order 1995 – as
amended from time to time
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Article 4 Direction
• Suspension of Permitted Development Rights
• Order made by Local Authority but must be notified to
the Secretary of State
• Means a Planning Application for development
ordinarily considered as Permitted Development is
required
• Compensation provisions
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Recent Changes
• Development within the curtilage of a dwelling house
– Larger single storey rear/extension will increase
from:
• 4m to 8 m – detached
• 3m to 6 m – all other houses
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Recent Changes Continued
• Limitations
– Neighbour consultation
– If objections, LPA to determine whether impact on
adjoining properties is acceptable
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Recent Changes Continued
• Commence development if:
– Approval
– Approval not required
– 42 days and nothing from the council
• Temporary – 30th May 2013 to 30th May 2016 but not
applicable in "Protected Areas"
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Protected Area
• National Parks
• AONB's
• Conservation Areas
• World Heritage Sites
• Norfolk and Suffolk Broads
• SSSI's
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Office Use to Dwelling
• New Class J
• Consultation regarding areas to be excluded
– loss of nationally significant economic area
– Substantial adverse economic impact at local level
• Criteria
• scores and thresholds set later
• London Central Activities Zone excluded
• Legal challenge on grounds of fairness rejected
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Office Use to Dwelling
• Class J
• In force June 2013 – 30 May 2016
• Prior notification procedure applies – 56 days
• LPA to consider traffic, flooding and contamination
• Planning Permission is required for any external
works
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Office Use to Dwelling continued
• Not permitted where
– Article 1 (6A) Land
– B1 (a) office use – in use on 30 May 2013 – or last
use as an office
– Safety hazard area
– Military explosive safety area
– Listed buildings, or scheduled ancient monuments
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Changes of Use of Agricultural
Buildings
• New Class M
• Buildings and Land within its curtilage to:– Class A1 (Retail)
– Class A2 (Financial and Professional services)
– Class A3 (Restaurants and Cafés)
– Class B1 (Business)
– Class B8 (Storage and distribution)
– Class C1 (Hotel)
– Class D2 (Assembly and Leisure)
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Change of Use of Agricultural
Buildings continued
• Not permitted if:
– Not in use since 3rd July 2013
– Cumulative limit of 500m²
– Safety hazard area
– Military explosive area
– Listed building or Scheduled Ancient Monument
If greater than 150m² - prior approval required
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Other Changes
• Industrial & Warehouse Development
– Extensions from 25% or 100m² to 50% or 200m²
• Office Building
– 25% or 50m² to 50% or 100m²
Right is temporary and will expire on 30th May 2016
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Flexible Uses
• Change of use of any building in a use class to a state
funded school One academic year only.
• Pop up uses
• From A1, A2, A3, A4,A5, B1, D1 or D2
• To A1, A2, A3 or B1
• Up to 2 years
• Max of 150 sq m
• Notification to be given
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Greater Flexibilities for Change of Use
August 2013
• small shop or provider of professional/financial services
(A1 and A2 uses) to residential use (C3);
• retail use (A1) to a bank or a building society;
• agricultural purposes to residential use (C3);
• offices (B1), hotels (C1), residential (C2 and C2A), nonresidential institutions (D1), and leisure and assembly
(D2) to change use to a state funded school, to also be
able to change to nurseries providing childcare; and
• agricultural purposes of up to 500m2 to be used as a
new state funded school or nursery providing childcare.
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Ministerial Statement
6 March 2014
• Retail to residential
• Agricultural to residential
• Extending access to education
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Greater Flexibilities for
Change of Use
• Change of use of A1 and A2 to C3
• Outside key shopping areas
• Not Article 1(5) land
• Pre-application requirement – LPA can refuse if will
have detrimental impact on local services
• A1 to A2 (not betting shops)
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Greater Flexibilities for
Change of Use
• Change of use of agricultural to C3
• Not Article 1(5) land
• Up to 450 square metres of agricultural buildings on a
farm will be able to change to provide a maximum of 3
houses.
• Prior notification requirement – flooding issues
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Greater Flexibilities for
Change of Use
• Existing PD rights to change to state funded schools
• To be extended to registered nurseries
• Agricultural buildings up to 500 sq metres to state
funded schools and registered nurseries
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Permitted use changes
Its all very simple…….
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Neighbourhood planning – not so simple either
• The non co-operative council
• Daws Hill Neighbourhood Forum v Wycombe
District Council [2014] EWCA Civ 228
• Exclusion of strategic sites from
neighbourhood area by LPA
• Within LPA powers to designate a smaller area
• Decision was not unreasonable
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Neighbourhood planning – not so simple either
• The non co-operative developer
• Tattenhall Neighbourhood Plan, Cheshire
• Proposed maximum development size of 30
dwellings
• Examined and approved by LPA
• Challenged by developers with plans for 110,
137 and 68 houses
• Examiner alleged to have conflict of interest –
involvement in nearby urban extension
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Thank you
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