PAPER C
Consultation on Extension of Permitted Development Rights to Support Housing
Delivery and Public Service Infrastructure: Summary
Deadline for Responses: 28 January 2021
Section 1: Extension of Permitted Development rights to include transfer from
commercial to residential use
This would allow a change of use under permitted development from any use within the
new Commercial, Business and Service class (which includes offices, retail, restaurants,
indoor sports and creches) to residential. Pubs, theatres and live music venues would be
excluded.
This appears to be taken as given. Consultees are not asked if they agree with this. They
are, however, asked about details of its application, including whether they agree that:
I.
There should be no size limit to the buildings to which it applies.
II.
It should not apply to buildings in national parks, AONBs, etc.
III.
It should apply in conservation areas, but possibly with the provision that
conversion of ground floor premises would require ‘prior approval’ from the
planning authority.
IV.
Prior approval would also be needed to ensure that such developments meet basic
quality requirements (e.g. not subject to flooding or pollution, have safe access and
adequate natural light, meet fire safety requirements).
V. Applications should be subject to a fee per ‘dwelling house’ (suggested at £96).
N.B. Prior approval means that the applicant has to consult with the planning authority and
get permission, but not submit a full planning application, which means that the application
is not subject to public consultation.
Section 2: Measures to facilitate expansion of educational establishments, hospitals
and prisons
Educational establishments (schools, colleges and universities), hospitals and prisons are
currently able to make some developments under Permitted Development rights. It is
proposed to extend these to allow them to increase the ‘footprint’ of a building by 25% or
up to 250 sq.m. (whichever is greater) and to extend the height limit from 5m to 6m unless
within 10 m of a boundary.
It is also proposed to speed up the approval of new educational establishments, hospitals
and prisons by reducing the time in which local authorities have to make a decision from
13 weeks to 10 weeks and the public consultation period from 21 days to 14 days. This
would apply to new developments on sites of at least 1 ha and floor space of at least 1000
sq.m. Developments requiring an EIA (usually those over 5 ha) would be excluded.
Consultees are invited to comment on the general principles and details of these proposals.
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