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Three new Statutory Instruments published today that will have actually very significant impacts on the planning system.
A thread. Apologies, this is going to be long.
A thread. Apologies, this is going to be long.
First up, The Town and Country Planning (Use Classes) (Amendment) (England) Regulations 2020
https://www.legislation.gov.uk/uksi/2020/765/contents/made
This combines shops, professional services, restaurants, gyms and sports centres, health facilities, nurseries, offices, R&D, light industrial into one use class
https://www.legislation.gov.uk/uksi/2020/765/contents/made
This combines shops, professional services, restaurants, gyms and sports centres, health facilities, nurseries, offices, R&D, light industrial into one use class
This matters because you will now no longer need planning permission to change between these uses.
The changes unpick a decades-long approach to planning for town centre uses. It is an untested nation-wide experiment in laissez-faire town centre management.
The changes unpick a decades-long approach to planning for town centre uses. It is an untested nation-wide experiment in laissez-faire town centre management.
Fortunately our high streets are in a robust and thriving state... 
The changes exclude food shops under 280sqm in size (that's about the size of a big Tesco Express) but only if there are no others within 1km. I will send a Twix to anyone who finds one in London.
The changes exclude food shops under 280sqm in size (that's about the size of a big Tesco Express) but only if there are no others within 1km. I will send a Twix to anyone who finds one in London.
They also effectively exclude things like pubs, sports pitches, swimming pools, community halls, cinemas and music venues.
Local Plans are predicated on the old use classes both spatially and in policy terms. The implications for applying policies will be significant.
Local Plans are predicated on the old use classes both spatially and in policy terms. The implications for applying policies will be significant.
Finally (on the use class regs) it's worth noting that *for permitted development only* the old use classes will apply.
So yes - from 1 September we will be operating two use class orders.
So yes - from 1 September we will be operating two use class orders.
Next we have: The Town and Country Planning (General Permitted Development) (England) (Amendment) (No. 3) Order 2020
https://www.legislation.gov.uk/uksi/2020/756/contents/made
which allows detached resi, offices, r&d and light industrial buildings to be demolished and replaced by flats or a single house.
https://www.legislation.gov.uk/uksi/2020/756/contents/made
which allows detached resi, offices, r&d and light industrial buildings to be demolished and replaced by flats or a single house.
Caveats apply:
The building has to have been vacant for 6 months;
The footprint can't get any larger;
The old building must have been built earlier than 1989, have a footprint under 1,000sqm and can't be over 18m tall.
Prior approval required on design, noise and other bits.
The building has to have been vacant for 6 months;
The footprint can't get any larger;
The old building must have been built earlier than 1989, have a footprint under 1,000sqm and can't be over 18m tall.
Prior approval required on design, noise and other bits.
There's no requirement for national space standards (though does this come under "design"?) or for affordable housing.
The vacancy test requires no marketing, just a building sitting empty.
Listed buildings and those in conservation areas are excluded.
The vacancy test requires no marketing, just a building sitting empty.
Listed buildings and those in conservation areas are excluded.
Finally, upwards extensions in The Town and Country Planning (General Permitted Development) (England) (Amendment) (No. 2) Order 2020
https://www.legislation.gov.uk/uksi/2020/755/pdfs/uksi_20200755_en.pdf
This is for both extensions to a home and the creation of new dwellings above existing ones and commercial premises.
https://www.legislation.gov.uk/uksi/2020/755/pdfs/uksi_20200755_en.pdf
This is for both extensions to a home and the creation of new dwellings above existing ones and commercial premises.
It applies to buildings built between 1948 and 2018 and there are height limits in relation to additionality and neighbouring buildings.
Again there are caveats and prior approval requirements, notably in relation to amenity of neighbouring premises.
Again there are caveats and prior approval requirements, notably in relation to amenity of neighbouring premises.
I must say, I didn't think demolition and rebuild could be done through regs - I thought it would be too complicated, so on a purely technical level I take my hat off to the diligent civil servants who have wrangled this into being.
However the impacts will be significant and played out in planning departments across the land.
It's unclear whether there will be a change to the planning fees but anyone who tells you PD is more straightforward to deal with than a planning application is talking bollocks.
It's unclear whether there will be a change to the planning fees but anyone who tells you PD is more straightforward to deal with than a planning application is talking bollocks.
Many of these new prior approvals will be extra complicated and will mean more work for planning departments, for less money, at a time when local government is under increased pressure.
What I'm saying is: please support your friendly neighbourhood planning officers. END
What I'm saying is: please support your friendly neighbourhood planning officers. END
