The much anticipated Government amendments to the permitted development regime were put before Parliament on 9 May 2013 proposing some significant changes to the use of buildings without requiring planning permission, although unsurprisingly not in quite as radical a format as originally envisaged. Some new permitted development rights have been included for a temporary 3 year period, and include:

  • The right to extend your home to the rear by up to 8 metres at single storey height, although a prior approval procedure will now apply. Homeowners must provide plans, written description, contact details for themselves and adjoining neighbours to their local Council. The Council will consult neighbours giving them 3 weeks to respond and should anyone object the Council must consider whether the extension should be approved with the right to ask for further information, potentially in the form of a full planning application. There is otherwise a 42 day determination date for the Council to respond.
  • The right for offices (strictly within the B1(a) use class which would exclude other B1 uses such as light industrial, workshop and research/development) to change to residential houses or flats. Prior approval is also required from local Councils although only in relation to any transport (parking, comings and goings etc), contamination or flooding impacts.

The new regime will also include temporary 3 year rights for industrial, warehouse, offices, shops, catering, financial and professional premises to carry out larger extensions to existing premises than are currently permitted without planning permission and within identified limits.

There are a range of permanent new permitted development rights proposed mainly focused on allowing flexibility for businesses and schools to make best use of existing buildings and land without planning permission, that include:

  • Changes of a wide range of buildings and land uses including office, light industrial, business, institutional, assembly and leisure to new schools. Schools are strictly (and unnecessarily) related to state funded schools only and also subject to a prior approval procedure;
  • The use of almost any suitable building as a state funded school for a temporary period of 1 academic year, and also the right to extend and alter school premises without planning permission;
  • Changes of use from existing agricultural buildings to a wide range of flexible uses including retail, financial services, restaurant/café, office, light industrial, storage, hotel and leisure uses. Floorspace limits apply with anything exceeding 150 m2 requiring prior approval from local Councils and a maximum limit of 500m2;
  • The right to flexibility to allow retail, financial, restaurant/café, food, drink, office, light industrial, storage, hotel and leisure uses to change between them without planning permission. The right to change use would be for a temporary 2 year period only and would relate to a maximum floor area of 150m2;
  • Increase in the amount of floor area that can change use between office, industrial premises and storage/distribution uses without planning permission.

The amendments are intended to come into force on 30 May 2013, subject to any late changes. For those familiar with the system of prior approvals it should not be a surprise that the Government have pursued this course to allow some form of local Council involvement to appease neighbours affected by larger residential extensions and to apply some controls over significant new residential and business uses that may result.

There is some doubt over whether planning fees would be required for the prior approval system and considerable doubt over the ability of under resourced Councils to effectively administer the new regime. As the over-riding aim of the Government was to avoid the requirement for planning permission, the introduction of a further layer of prior approval control and local authority 'bureaucracy' begs the question as to the effectiveness of the permitted development regime. However, there will undoubtedly be significant benefits through the provision of much needed new housing and a boost to businesses that require flexibility in the current climate.

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