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Planning News
Town Centres & Retail
April 2015
CLG Secretary of State (SoS) Eric Pickles
has given his last ‘Planning Update’ in the
form of a Ministerial Statement that provides
details of the most recent steps taken by
the Coalition Government to, ‘streamline the
planning system, protect the environment,
support economic growth and assist locally-led
decision-making’.
Much of the Statement covers the recent flurry
of legislative changes, including the Town
and Country Planning (General Permitted
Development) (England) Order 2015
(GPDO) and the Town and Country Planning
(Development Management Procedure)
(England) Order 2015 that will come into force
on 15 April, 2015. Of particular interest with the new GPDO is
the fact that - despite DCLG consulting on two
options for their continuation beyond 30 May,
2016 - the office to residential change of use
permitted development right (PDR) will ‘expire’
next year after all. It would appear that the
Government has taken into account in the
new Order the unintended consequences of
this current right that have been highlighted by
London councils in particular.
There are also a number of other new PDRs –
arising from last summer’s technical planning
consultation - that are intended to support a
‘mixed and vibrant high street’, including (with
conditions and limitations, and a requirement
for prior approval):
• allowing retailers to erect click and collect
facilities;
• allowing retailers to modify the size of their
existing shop loading bay by up to 20;
• the change of use from shops (A1),
financial and professional services (A2),
betting offices, pay day loan shops and
casinos to restaurants and cafes (A3) and
for limited building works; and
• up to 200 sq. m of shops (A1) and
financial professional services (A2) to
change to assembly and leisure uses (D2).
The change of use from shops (A1) to
financial and professional services (A2) is
also permitted but there is a new limitation on
the change of use of pubs (Class A4 ‘drinking
establishments’) relating to buildings listed
as assets of community value. The new Order
provides that where a drinking establishment
has been entered onto a list of assets of
community value (under s89 of the Localism
Act 2011), or where the local planning
authority (LPA) has notified the developer
that there is a nomination for listing that
building, changes of use, temporary uses and
demolition are not permitted development
(PD) for a specified period (up to 5 years).
Mention is otherwise made in the Statement
of changes to environmental impact
assessment (EIA) thresholds.
And significantly, a new national planning
policy on parking provision is introduced - the
following text from the Statement now has
to be read alongside paragraph 39 of the
National Planning Policy Framework (NPPF):
‘Local Planning authorities should only impose
local parking standards for residential and
non-residential development where there is
clear and compelling justification that it is
necessary to manage their local road network.’
The Ministerial Statement otherwise refers to
a significant number of important revisions
that are in the process of being made to the
national Planning Practice Guidance (PPG);
the very many revisions include changes to
guidance on: EIA screening threshold changes;
planning performance agreements; charging
for pre-application services; viability; the
Vacant Building Credit; sustainable drainage
systems (SuDS); and renewable and low
carbon energy.
Betting offices and pay day loan
shops to fall outside Use Classes
Order
The Town and Country Planning (Use Classes)
(Amendment) (England) Order 2015 will come
into force on 15 April. The new Order amends
the Town and Country Planning (Use Classes)
Order 1987 (as amended), by providing that a
betting office and use as a pay day loan shop
are included in Article 3(6) of the Order: i.e.
they are added to the list of uses excluded
from any Use Class in the Schedule and
become ‘sui generis’.
“
Quote of the month:
“This package of measures will help
deliver more homes in a locally-led
planning system, protect the
environment, provide certainty for local
residents and business, and contribute
to the government’s long-term
economic plan and economic growth.”
“
Pickles ties up all the planning
loose ends: out with a bang not a
whimper
SoS Eric Pickles, in his last
announcement on further steps to
streamline the planning system and
more
Consultation on changes to
compulsory purchase regime
As part of Budget 2015, and as previously
announced in the 2014 Autumn Statement,
DCLG has launched a new consultation on
changing the compulsory purchase regime.
As well as putting forward a ‘package of
proposals’, the Government is consulting on
127 pages of draft, updated guidance on
every aspect of compulsory purchase - from
acquiring authorities choosing the right
compulsory purchase power, to compensation.
The consultation ends on 9 June.
Part A of the Use Class Order is also amended
to omit ‘including use as a betting office’ from
Class A2.
Contact Us
Margaret Baddeley
Alison Bembenek
[email protected]
T: 020 7837 4477
[email protected]
T: 020 7837 4477
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