November 23, 2012

Consultation on relaxing ‘change of use’ planning legislation

The results of a consultation with regards to the relaxation of planning rules governing change of use have now been published. The consultation obtained views with regards to a proposal to introduce permitted development rights for changes from B1 use (business, offices, research and development and light industry) to C3 (dwelling houses) and from B2 (general industrial) and B8 (storage) to C3 (dwelling houses). Therefore this would mean that such changes of use would not require planning permission in the event the law was changed. In addition the consultation asked whether the current permitted development rights which allow conversion of space above a shop or other town centre use into a single flat should be extended to allow for more than one flat.

The purpose of the consultation was to deal with the urgent need for housing in England and to promote regeneration of unused commercial property as well as to bring empty buildings back into commercial use.

The consultation was met with much support however, concerns were raised that such a change in planning law could effect availability of employment space (especially for small businesses), adversely affect local authorities abilities to plan the best use of the land to meet employment and housing needs, there being limited opportunities to exploit the rights and the need was raised to safeguard against possibility of inadequate housing in unsustainable locations.

The results of the consultation also suggested that the aim could be achieved more by way of planning policy suggesting a clear message that local authorities should approve the change of use from commercial to residential but still taking into account local circumstances before reaching a decision.

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