At the Bowes, Palmers Green and Southgate Area Forum held on 25 July 2013 an update on relaxation of the rules regarding permitted development allowances was provided, as requested at the preceding Area Forum meeting. The text of the update was included in the published Minutes, from which the following text has been extracted.
Andy Higham (Head of Development Management) provided the following update on the latest changes/relaxation of the permitted development allowances for residential and other developments.
Development Management is part of the local planning authority. It is a statutory function of the Council and essentially, it is about the use of land and its development.
It operates within a legislative framework which defines the scope of our powers whilst also seeking to control and direct developments in line with planning policy. This can be at a national level in terms of the National Planning Policy Framework), at a regional level and for us that means the Mayors London Plan, and at a local level, in the form of the Council Core Strategy and emerging Development Management Document.
With reference to these local documents, before adoption, they are subject to public consultation and in connection attention must be drawn to the Development Management Document which is currently on consultation to obtain the views of residents, business and organisations in the Borough on the Council’s future policies. This is important because it is these policies that will apply when assessing development, be that a residential extension, changes of use with town or local centres or a development for 1000 houses.
There are limits to the scope of the control we have. Certain types of use including houses with up to 6 individuals living in them as a single household, extensions, changes of use and other works including some telecommunications development are permitted development and assuming they meet the relevant criteria, the Council are unable to influence their form or effect.
The Council also have enforcement powers and take regular action against unauthorised development. However, before doing so satisfaction must be sought if there is harm arising from the work that has taken place. Failure to apply for planning permission is not in itself sufficient grounds to take action and this often causes some confusion.
A key theme for planning is being positive and proactive to support development that will contribute towards economic growth. In support of this, a number of changes have recently been made to the planning regulations:
[1] Alteration to rules governing extensions to residential properties: On 30 May, regulations governing the depth of single storey rear extensions which can be built as permitted developments were altered. This means that for detached houses, the depth of extensions could increase from 4 meters to 8 meters and for semi-detached and terraced houses, this depth could increase from 3 metres to 6 metres.
However, in order to comply with the regulations, all such extensions will need to be completed before 30th May 2016 when this relaxation will end. Before extensions to these depths can be built, there is a neighbour notification process to follow. This process which is currently free, requires the home owner to notify the Council before the development commences in order that all neighbours can be consulted. If any adjoining occupier raises an objection within the 21 day notification period, it will be for the Council to decide whether the proposal impacts on the amenity of any neighbouring occupiers taking account of the Council’s relevant policies.
If there is no objection, it may be possible to build the extension to the depth proposed. However, the extension must still comply with all the other limitations and conditions which apply to rear extensions as set out in Class A of the Town and Country Planning General Permitted Development Order. To assist residents with this process, the Council have created a pro-forma for owners to use for this purpose and a set of application requirements which can be viewed via the Council’s website.
It should also be noted that these new regulations will not apply to properties in conservation areas, those converted into flats or those which are subject to conditions on previous planning permissions restricting permitted development rights.
[2] Changes to rules governing change of use from industrial properties to residential: from 30 May, it is also now possible to convert vacant office accommodation into residential without the need to obtain formal planning permission. The rights will only apply where the building has either been in use as office immediately before 30 May or, if vacant, where its last use was an office use. This will therefore disqualify buildings that have not actually been used for offices and not merely having the benefit of planning permission for office use. The permitted right to change of use will only apply where the use as a dwelling house commences after 30th May 2013 – this will not apply to those properties that had been converted unlawfully prior to this date. Also prior to commencement, there is a prior notification procedure but all that can be considered is transport and highway impacts, contamination and flooding risks.
[3] Changes of use aimed at helping new and start-up businesses (Part 4 Class D): A further relaxation has been introduced which allows retail units to be used for alternative purposes. In more detail what this means is that retail units currently being used as shops, banks, building societies, restaurants, hot food takeaways and other business premises can be used instead for other purposes within the same categories excluding bars and hot food takeaways without first obtaining planning permission.
Previously, planning permission would have been required where an owner wanted to change the use of the premises from retail to a restaurant. This will now not be needed subject to the size of the premises not exceeding 150²m. After a period of two years, planning permission would be required to continue the use. It should be noted that none of the new permitted rights to change of use apply to listed buildings.
[4] Relaxation of rules governing the start up of schools: In response to the growing pressure for school places, it is now possible for offices, industrial premises, residential care homes, hotels and some other leisure uses to be converted to schools without the need to obtain planning permission. Such changes of use are permitted subject to a prior approval procedure in which the LPA will consider transport and highway impacts and contamination and flooding risks. It is also possible now without having to apply for planning permission, to start up a state funded school in any building. The permission lasts for oneacademic year after which the site reverts to its previous lawful use and can only be used once in relation to a particular site.
[5] Relaxation of rules governing siting of equipment cabins in connection with rollout of telecommunications development: The positioning of equipment cabins which support cable and other telecommunications operators, is often a controversial matter due to their siting and size. Fora development completed before 30 May 2018 prior approval will not be required for construction installation or replacement of various equipment cabins
The following questions were received:
Q1. With regard to the Academies Act 2010 – would a library fall under the one year permission rule for change of use?
A1. A library would fall within the right use class which benefits form the one year freedom to use for academic purposes.
Q2. With regard to consultation with the neighbours, ithas been known for neighbours to be advised but for the application not toappear on the planning list, please clarify.
A2. Only properties adjoining the said property are consulted. Community groups and those of a wider area are not consulted. These are also published on our weekly list and these only apply to single storeys.
Q3. Can any building be used as a school? There is concern that there should be certain rules which need to be abided regarding setting up a school, such as health and safety issues, traffic flow etc.
A3. The new regulations do permit a wide range of buildings to be used as schools but we would always recommend a certification of lawfulness is applied for. Where prior approval is required, each application can onlybe assessed against certain planning criteria normally applied but this does not override other non planning criteria and safeguards.
Q4. With regard to retrospective planning – is there a right to object of the properties have already been brought and works started?
A.4 The current interpretation of the legislation is thatthe regulations do not apply to development that has already commenced. A planning application would therefore need to be applied for.
Q5. Please explain how office blocks are suitable for purpose of residential dwelling.
A5. Certain criteria are examined, such as transport and highway impacts, contamination and flooding risks. Impact on schools and other infrastructures are not taken into account, only aspects to support the economy. The legislation places limitation on what can be assessed.
Q6. Can Southgate Town Hall be used as a school for one year without planning permission?
A6. Yes it can, provided factors such as transport and highways impacts, contamination and flooding risks are eliminated from the offset.
Q7. With regard to converting office blocks to residential accommodation, are S106 or CIL monies applicable?
A7. We cannot collect S16 contributions but the Mayor’s CIL is still payable. When the Council adopts its own CilL, this will also be payable.