Changing the boundaries of planning control

1. Changing the boundaries of planning control

2. John Bosworth John Bosworth Partner Email j.bosworth@ashfords.co.ukDirect +44 (0) 1392 333842Mobile +44 (0) 7843 265351

3. Permitted Development What is Permitted Development? Article 4 directions Recent changes Greater flexibilities for change of use – consultation Neighbourhood Development Local Development Orders Changing the Boundaries

4. 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 What is Permitted Development?

5. 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 Article 4 Direction

6. 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

7. Limitations Neighbour consultation If objections, LPA to determine whether impact on adjoining properties is acceptable Recent Changes Continued

8. 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" Recent Changes Continued

9. National Parks AONB's Conservation Areas World Heritage Sites Norfolk and Suffolk Broads SSSI's Protected Area

10. 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 Office Use to Dwelling

11. 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 Office Use to Dwelling

12. 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 Office Use to Dwelling continued

13. 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) Changes of Use of Agricultural Buildings

14. 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 Change of Use of Agricultural Buildings continued

15. 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 Other Changes

16. 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 Flexible Uses

17. 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), non-residential 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. Greater Flexibilities for Change of UseAugust 2013

18. Retail to residential Agricultural to residential Extending access to education Ministerial Statement 6 March 2014

19. 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) Greater Flexibilities for Change of Use

20. 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 Greater Flexibilities for Change of Use

21. 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 Greater Flexibilities for Change of Use

22. Permitted use changesIts all very simple…….

23. 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 Neighbourhood planning – not so simple either

24. 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 Neighbourhood planning – not so simple either

25. Thank you