In a statement to Parliament the proposed change was announced:
“First introduced in 2013, temporary permitted development rights have enabled offices to be converted to new homes without having to apply for planning permission. It has meant that between April 2014 and June this year, almost 4,000 conversions were given the go-ahead.
However, these rights were set to expire on 30 May 2016 – potentially introducing a raft of unnecessary red tape and bureaucracy that would have hampered the conversion of underused office buildings and slowed down the delivery of thousands of new homes.
Today, Mr Lewis announced that these permitted development rights will now be made permanent. In addition those who already have permission will have 3 years in which to complete the change of use – ending potential uncertainty for developers and enabling the development of much needed homes.
To further support the delivery of new homes, the rights will in future allow the demolition of office buildings and new building for residential use.
In addition, new permitted development rights will enable the change of use of light industrial buildings and launderettes to new homes.”
The Government have today published a new bill which provides for Permitted Development rights for new properties in identified areas within Local Development Plans.
It also includes powers to identify “Rogue Landlords” and to issue “Banning Orders” and return rent.
Further details will be posted shortly.
As of 31st August 2015 the Department for Communities and Local Government have issued a new planning policy. The statement says “……..The government is concerned about the harm that is caused where the development of land has been undertaken in advance of obtaining planning permission. In such cases, there is no opportunity to appropriately limit or mitigate the harm that has already taken place. Such cases can involve local planning authorities having to take expensive and time consuming enforcement action. For these reasons, this statement introduces a planning policy to make intentional unauthorised development a material consideration that would be weighed in the determination of planning applications and appeals. This policy applies to all new planning applications and appeals received from 31 August 2015.
PPMS urge extreme caution in all matters surrounding the new Classes of Permitted Development.
Many Local Planning Authorities at odds with the Government for relaxing certain development rights have issued Article 4 directions to cancel PD rights particularly in regard to the change of use from C3 to C4 and B1(a) toC3. In the circumstances it is prudent to check before purchasing any properties.
J. Development consisting of a change of use of a building and any land within its curtilage to a use falling within Class C3 (dwellinghouses) of the Schedule to the Use Classes Order from a use falling within Class B1(a) (offices) of that Schedule
Falling outside the London Central Activities Zone and certain other defined locations
K. Development consisting of a change of use of a building and any land within its curtilage to use as a state-funded school, from a use falling within Classes B1
(business), C1 (hotels), C2 (residential institutions), C2A (secure residential institutions) and D2 (assembly and leisure) of the Schedule to the Use Classes Order
PLEASE CONTACT US FOR DETAILED EXCLUTIONS
Amendments in relation to home extensions:
“until 30th May 2016, for a dwellinghouse not on article 1(5) land nor on a site of
special scientific interest, the enlarged part of the dwellinghouse would have a
single storey and—
(i) extend beyond the rear wall of the original dwellinghouse by more than 8
metres in the case of a detached dwellinghouse, or 6 metres in the case of any
other dwellinghouse, or
(ii) exceed 4 metres in height”
SUBJECT TO certain pre-conditions, not normally associated with permitted development, which must be observed.
A formal letter must also be sent to the Local Planning Authority confirming that the work has been completed prior to 30 May 2016 – contact us for additional information
London leads councils seeking change-of-use opt out
London Mayor Boris Johnson has confirmed that he is seeking an exemption for much of central London from the government’s proposed new permitted development rights which would allow offices to be converted into homes without planning permission.
Planning authorities had until 22 February to apply to opt out of the new regime. Ministers have stressed this will only be allowed in “exceptional circumstances”.
The Mayor is seeking exemptions for three defined areas in central London. The first is the Central Activities Zone, which includes the City of London, the South Bank and the West End. More than a third of London’s jobs are within this area.
Johnson is also seeking exemptions for the commercial area north of the Isle of Dogs and London’s enterprise zones in the Royal Docks, plus the part of the City Fringe in east London which makes up the emerging “Tech City” opportunity area.
Most other London borough councils have requested exemptions as has Manchester City Council for part of its city centre.
A spokesperson for DCLG said: “As with any informal or formal consultation, we are now considering the responses we have received. We will carefully analysis the arguments put forward and we will make a statement in due course.”
New planning measures will ensure empty and underused offices can be swiftly converted into much-needed housing to make the most use out of previously developed land, Communities Secretary Eric Pickles announced today (24 January 2013).
The changes will make the best use of developed sites by allowing existing buildings to be quickly brought back into productive use. New permitted development rights will allow office space to be converted into new homes without the need for planning permission from the local authority.
This new change of use right will provide badly needed homes for local people and will make a valuable contribution to easing the national housing shortage. It will help create jobs in the construction industry and help regenerate our town centres by increasing footfall in high streets.
The permitted development right will be in place for 3 years, and because local circumstances vary, local authorities will have an opportunity to seek an exemption if they can demonstrate there would be substantial adverse economic consequences.
Further reforms will also help boost rural communities and create jobs by allowing agricultural buildings to be converted for other business uses without the need for planning permission.
Buildings no longer suitable or needed for agricultural use could be transferred into new growth-boosting ventures that benefit rural areas, such as shops, restaurants, small hotels and leisure facilities and offices, under new permitted development rights.
Town centre buildings will also be able to easily convert to help new shops, business start-ups and community projects keen to set up in high streets.
The new rules will allow a range of buildings to temporarily convert for up to 2 years and will speed up the process of bringing vacate high street buildings back into use.
Communities Secretary Eric Pickles said:
“We want to promote the use of brownfield land to assist regeneration, and get empty and under-used buildings back into productive use.
“Using previously developed land and buildings will help us promote economic growth, provide more homes and still ensure that we safeguard environmentally protected land.
“We are absolutely determined to support people striving to bring life back to their communities and high streets.”
Planning Minister Nick Boles said:
“These new changes ensure the very best use is made of our existing buildings to provide new homes and makes sure we get the most use we can out of our previously developed land.
“These changes are an important step in improving the planning system and making sure it is in the best possible shape to swiftly adapt to changes and opportunities that can provide a big boost to the economy.
“We are determined to make sure perfectly good underused properties are converted for homes and uses that will benefit our communities.”
The new measures for agricultural buildings will help rural businesses to diversify, say the Country Land and Business Association. Association President Harry Cotterell said:
“We are very pleased with this announcement. It is something for which we have campaigned for years. It offers farmers and land managers the chance to find alternative sources of income by using their redundant agricultural buildings in new ways. This will underpin their farming businesses and boost the rural economy by helping to create new jobs and businesses at a time when they are greatly needed.”
A consultation on relaxing change of use rules for commercial properties to residential was held in April 2011.
The new permitted development rights allow change of use from B1(a) office to C3 residential.
Local authorities can seek an exemption to the permitted development rights to convert offices into homes if there are justified economic grounds. The secretary of state will only grant an exemption in exceptional circumstances.
Agricultural buildings will be able to convert up to a specific size still being determined. There will be a prior approval process for conversions beyond that size to guard against unacceptable impacts, such as flooding, transport and noise.
The new permitted development rights for agricultural buildings do not allow conversion to residential dwellings.
The town centre uses that can convert temporarily for 2 years to other uses include shops (A1), financial and professional services (A2), restaurants and cafes (A3) and offices (B1).
Changes to planning charges in England will come into force on 22 November 2012, a letter to Chief Planning Officers from Government chief planner Steve Quartermain has confirmed.
The Fees for Applications, Deemed Applications, Requests and Site Visits Regulations have been agreed in both Houses of Parliament, consolidating 12 statutory instruments dating back to 1989 and introducing new levels of planning application fees which have been uprated by 15 per cent in line with inflation since 2008.
A landlord who unlawfully converted a house into nine flats has found himself £15,495 out of pocket after conviction at Enfield and Haringey Magistrates Court.
Andreas Antoniades, of Hornsey Park Road, first converted the house in Woodstock Road N8, into nine flats in 2011 without planning permission. The council asked him to return the property back into a single house later that year, which he did.
Subsequent inspections in 2012 found the house being re-converted into flats, in breach of an earlier enforcement notice. The owner was warned about this and said he would halt the conversions.
However, further site visits showed the property was being used again as nine flats which were being let at around £160 per week, prompting the prosecution.
At Enfield and Haringey Magistrates Court Antoniades pleaded guilty to breaching an enforcement order and was fined £13,500 with costs of £1,980 and victim surcharge of £15.
Councillor Nilgun Canver, cabinet member for the environment, said: “There are good reasons why landlords need to get permission before converting houses into flats. This can be because there are too many converted properties in a street, the property is not suitable for conversion or because there are other health, safety or social issues that need to be considered.”