Commercial planning news, March 2018

Several paragraphs of the national Planning Practice Guidance have been revised and other new ones have been added.

The updates and new paragraphs primarily reflect changes to legislation and provide points of clarification regarding: permitted development; local and neighbourhood plan-making and modification procedures; CIL reliefs; and planning application fees. They also cover: short term lets outside London; pre-application advice services, fee structures and outputs; application fee categories; when planning permission is required for listed buildings; and enforcement (with reference to procedures and deliberate concealment).

There is also updated guidance on building works associated with change of use from agricultural to residential, and whether or not planning permission is required for certain farm works.

The new CIL guidance is for the most part about self-build and residential extension exemptions.

Local plans’ guidance has been revised to reflect Regulation 22(2) of the Town and Country Planning (Local Planning) (England) Regulations 2012 being revoked by the Town and Country Planning (Local Planning) (England) (Amendment) Regulations 2017 on 15 January 2018. The changes relate to local planning authorities no longer as a matter of law having to submit local plans and accompanying documents both electronically and in paper form but the guidance does acknowledge:

‘On an individual basis it may be necessary for local planning authorities to provide the Planning Inspectorate or Inspector both electronic and paper copies of some key documents on request.’

 

The Town and Country Planning General (Amendment) (England) Regulations 2018 came into force on 23 February 2018. They arise from the housing White Paper consultation on a proposal (question 5) to allow all local authorities to dispose of land with the benefit of planning permissions they have granted themselves. The February 2018 Government response to this element of the White Paper consultation explains the ‘considerable support’ for the proposal, given for the following reasons:

• ‘it would give local authorities greater flexibility, allowing them to take a more proactive approach to land assembly and to bring forward public sector land for development more quickly and efficiently
• it would allow local authorities to benefit from the uplift in land values arising for the grant of planning permission
• there was no good reason for the current difference in powers and the proposal will bring consistency’

The Explanatory Note in the amendment Regulations provides more detail on their effect. It explains that generally, planning permission runs with the land but regulation 9 of the Town and Country Planning General Regulations 1992 (for England and Wales) makes an exception where an interested planning authority grants itself planning permission for its own development. Here, the permission only enures for the benefit of the authority (or, in the case of a joint development, the authority and the other person specified in the application for planning permission as the joint developer). For England, regulations 9A and 9AA of the 1992 Regulations already disapplied this exception in the case of some categories of authority (unitary authorities and urban development corporations); the new amendment Regulations remove the exception altogether for England.

As set out in the Explanatory Memorandum accompanying the amendment Regulations, they now allow planning permission granted by all interested planning authorities in England – including two-tier authorities - to themselves to run with the land so that, for example, if an authority later sells the land before developing it under the permission, the purchaser will be able to do so instead.

The change will not affect planning permissions granted before the amendment Regulations came into force.

On 5 February, Housing Secretary Sajid Javid made a House of Commons Written Ministerial Statement on ‘upwards extensions: new homes’, to the effect that ministers are to support upward extensions of existing buildings in cities nationally through changes to the NPPF, rather than new permitted development rights as previously consulted on for London.

The Statement followed a MHCLG announcement the day before, that ‘confirmed government backing to create a new generation of town houses in cities like London and Manchester to ease pressure on valuable open spaces and help growing families’.

In the House of Commons Statement, the Housing Secretary said:

‘Planning policies and decisions should respond positively to suitable opportunities to use the airspace above existing residential and commercial premises for new homes. They should allow residential and commercial premises to extend upwards, where such extensions would be consistent with the prevailing height and form of neighbouring properties and the overall street scene, are well-designed - including complying with any local design policies and standards - respect the privacy of neighbours and can maintain safe access and egress for occupiers.

The Government will be consulting on changes to the national planning policy framework, including changes to incorporate building up to ensure effective use of land for current and future homeowners. Appropriate guidance will be produced in due course.’

Historic England has launched a new study prepared jointly with Lichfields and U+I which illustrates the economic, environmental and social returns offered by Heritage at Risk sites in London.

Ten case studies show that ‘investment into Heritage at Risk can deliver an unrivalled richness of regeneration outcome’, from economic and employment outputs to community education and engagement. A considerable overlap between Heritage at Risk and areas of greatest deprivation in London (and England), highlights how investment into Heritage at Risk can pay a social dividend.

Historic England has published an advice note on assessing the curtilage of listed buildings and provides hypothetical examples.