Planning rules change

There have been a number of recent changes to the rules surrounding planning applications. This may be the dullest posting we’ve ever made, but it’s worth a read if you’re interested in local planning rules:

1 [nbsp] [nbsp] [nbsp] [nbsp] [nbsp]CHANGE OF USE

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From 30 May owners of underutilised properties will have more opportunity to secure tenants whilst those looking to dispose of their interests may have access to a wider market of prospective purchasers. [nbsp] After this date the Town and Country Planning (General Permitted Development) (Amendment) (England) Order 2013 will permit the change of use of class B1(a) offices to class C3 residential dwellings. [nbsp]There will be no need to obtain express planning permission for this change of use.[nbsp]

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Other development set out in the Order which no longer requires planning permission includes the following:-[nbsp]

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changes from a number of commercial uses to either retail, financial and professional services, restaurants and cafes or business use for a period of two years from the date on which the change of use occurs in a move that seeks to encourage the reuse of existing buildings;

change of use of agricultural buildings to uses comprising retail, financial and professional services, restaurants and cafes, business, storage and distribution, hotel and assembly/leisure uses in an effort to boost rural enterprise;

until 30 May 2016, increasing the maximum size threshold for industrial/warehouse building extensions to up to 1,000 sqm or 50% of the gross floorspace of the original building (whichever is the lesser); and

until 30 May 2016, increasing the maximum size threshold for retail, catering, financial and professional services and office building extensions to up to 100 sqm or 50% of the gross floorspace of the original building (whichever is the lesser). [nbsp]

All of the amendments set out above are subject to certain conditions prescribed in detail.[nbsp]

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2. [nbsp] [nbsp] [nbsp] [nbsp] HOUSEHOLD EXTENSIONS

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As from the 30 May 2013 planning permission is no longer required for single storey rear extensions with length up to 6m (attached houses) or 8m (detached houses) to be erected during the 3 year period from 30/05/2013 to 30/05/2016 on houses that are not in Conservation Areas nor on a site of special scientific interest.

Anyone proposing a 3m-6m or 4m-8m extension will have to notify their local authority before starting works and provide the following information:

“- a) a written description of the proposed development including—

— (i) how far the enlarged part of the dwellinghouse extends beyond the rear wall of the original dwellinghouse;

— (ii) the maximum height of the enlarged part of the dwellinghouse; and

— (iii) the height of the eaves of the enlarged part of the dwellinghouse;

– (b) a plan indicating the site and showing the proposed development;

– (c) the addresses of any adjoining premises;

– (d) the developer’s contact address; and

– (e) the developer’s email address if the developer is content to receive communications electronically.”

The local authority will need to consult only the immediately adjoining premises with a minimum consultation period of 21 days. (Ward Members and Parish/Town Councils are not to be consulted). [nbsp]The legislation sets out specific requirements as to the information that must be provided by the consultation letter including a description of the length, maximum height, and eaves height of the extension.

Where any owner or occupier of any adjoining premises objects to the proposed development, then “the prior approval of the local planning authority is required as to the impact of the proposed development on the amenity of any adjoining premises”. To assess this impact, the local authority “may require the developer to submit such further information regarding the proposed development as the local planning authority may reasonably require in order to consider the impact of the proposed development on the amenity of any adjoining premises”. [nbsp]When assessing this impact, the local authority will need to:

“- (a) take into account any representations made as a result of the [consultation process]; and

– (b) consider the amenity of all adjoining premises, not just adjoining premises which are the subject of representations.”

The legislation states that the development shall not be begun before the occurrence of one of the following:

“- (a) the receipt by the developer from the local planning authority of a written notice that their prior approval is not required;

– (b) the receipt by the developer from the local planning authority of a written notice giving their prior approval;

– (c) the expiry of 42 days following the date on which the information [required for the notification] was received by the local planning authority without the local planning authority notifying the developer as to whether prior approval is given or refused.”

The legislation requires that any 3m-6m or 4m-8m extension “shall be completed on or before 30th May 2016″.

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