Wales planning news, April 2021

 

On 30 April 2021, the Welsh Government brought into force temporary changes to The Town and Country Planning (General Permitted Development) Order 1995 under The Town and Country Planning (General Permitted Development) (Amendment) (No. 2) (Wales) Order 2021  with the intention of providing businesses with additional permitted development rights to support the recovery of the high street, hospitality and tourism sectors from the pandemic. The accompanying “Dear Chief Planning Officer letter” notes that the temporary rights provide a co-ordinated approach with grant funding that has been made available to the private sector to adapt property and the public realm at this time.

Subject to limitations and conditions, new Part 4A (Temporary Changes of Use) allows:

• The use of land and provision of associated moveable structures (e.g. stalls or marquees) for any purpose for an additional 28 days, between 30 April 2021 and ending on 3 January 2022, except for the holding of markets or motor racing, which is restricted to an addition 14 days over the same period. These allowances are in addition to the existing permitted development rights under Part 4 of the Order.  
  
  
• The holding of a market by or on behalf of a local authority with associated moveable structures starting on 30 April 2021 and ending on 3 January 2022.
  
  
• The change of use of a building, within a town centre, from a Class A1 (shop) to A2 (financial and professional services), A3 (food and drink but not hot food for the consumption off the premises), B1 (business, but not B1(c)), D1 (non-residential institutions), D2 (assembly and leisure) for no more than six months between 30 April 2021 and 29 April 2022.
  
  
• The change of use of a building, within a town centre, from a Class A2 (financial and professional services ) to A1 (shops), A3 (food and drink, but not hot food for the consumption off the premises), B1 (business, but not B1(c)), D1 (non-residential institutions), D2 (assembly and leisure) for no more than six months between 30 April 2021 and 29 April 2022.
  
  
• The change of use of a building, within a town centre, from a Class A3 (food and drink ) to A1 (shops), A2 (financial and professional services ), B1 (business, but not B1(c)), D1 (non-residential institutions), D2 (assembly and leisure) for no more than six months between 30 April 2021 and 29 April 2022.
  
  
• The use of part of the highway adjacent to Class A3 (food and drink) premises for the placing of removable furniture for the selling, serving, or consuming of food from those premises between 30 April 2021 and 3 January 2022 but the furniture must not be used between the hours of 10pm and 8am. Permission for the use of the highway must still be obtained under Section 115E of the Highways Act 1980.

A further provision for Food and Drink Establishments has been made under Part 42 of the existing Order, allowing for:

• The installation of a fully retractable awning over the front of a Class A3 (food and drink) premises between 30 April 2021 and 29 April 2022. Permission under Section 115E must be obtained if the awning extends over the highway.

It is necessary that before proceeding with the development, the conditions, restrictions, and definitions that apply to these new permitted development rights are fully understood.

The “Dear Chief Planning Officer letter” urges local authorities to support business response to the pandemic by prioritising planning applications for changes of use that fall outside of the additional 28/14 day permitted development right. Short term permission and conditions should be used if a permanent change of use is unacceptable.  Local authorities should also take a flexible and supportive approach to businesses using their curtilage for the provision of food and drink and should not take enforcement action unless there is significant planning impact.  

These temporary changes will be monitored by the Welsh Government and could result in permanent amendments to permitted development rights next year. Any possible changes will be subject to consultation.

Further to the above provisions, the Welsh Government has also extended measures introduced last year which aim to support local authorities and public health providers, allowing for temporary development in connection with their response to the COVID-19 pandemic

The Town and Country Planning (General Permitted Development) (Amendment) (Wales) Order 2021 has the effect of extending the previous temporary provisions under Article 3A and Article 12A of Schedule 2 of the General Permitted Development Order 1995. The provisions allow for temporary buildings and changes of use for public health emergency purposes as permitted development by or on behalf of an NHS body, and also for development by a local authority on land owned, leased, occupied or maintained by it, for the purpose of preventing or responding to an emergency, subject to conditions.

For NHS bodies, the time limit for removing any development introduced via this permitted development right has now been amended from twelve to eighteen months where this has begun prior before 10 April 2021. For any development brought forward after this date, the period will remain as twelve months. Similar arrangements have been put in place for local authorities; for developments which begun prior to 30 March 2021, the time limit has extended from twelve to eighteen months, while any development introduced after this date will be permitted for twelve months.

The legislation came into force on 29 March 2021.

Following the Welsh Government’s recent consultation on the policy intent for the Town and Country Planning (Strategic Development Plan) (Wales) Regulations 2021, it has now published a response and the regulations have be laid.

The SDP Regulations reflect the main stages of plan preparation and review requirements outlined in the LDP Regulations with the two-stage Preferred Strategy and Deposit approach following approval of the Delivery Agreement and Community Involvement Scheme. Despite calls for a parallel approach, the call for Candidate Sites will continue to take place before the Preferred Strategy stage. Many considered the 4-year timetable too short for the scale of the task. Neither the 4-year period for preparation nor the plan period is set in legislation, although the Welsh Government accepts the first SDPs may take longer. The Welsh Government, however, recognises that the proposed 4-year review period would be too short; the regulations now require a 6-year review. Adoption of the sound plan will not be mandatory but the Welsh Government considers it would be a ‘perverse’ waste of time, money and resource for a Corporate Joint Committee (CJC) not to adopt a sound SDP particularly when no Local Development Plan ‘Lite’ could be prepared without one.

The Welsh Government notes that the definition of the term ‘strategic’ will be ‘reflected’ in guidance, providing flexibility for the SDP to respond to local circumstances.

The Regulations were laid on 22 March 2021 and will come into force on 28 February 2022, when CJCs become fully operational. Preparation of the new SDP Manual and a Community Guide to development plans will start later this spring. A full summary of the responses to the Consultation is available in the link below.

 

The Welsh Government has pledged £24 million of funding in an attempt to revive town centres in Wales. The breakdown of the funding includes £18.4 million of the Transforming Towns loan funding which will be invested into the revitalisation of derelict properties. This funding is designed so that local authorities can utilise their share of the funding to buy and redevelop properties thus increasing sustainability of empty sites. A notable example includes £6 million of investment for Swansea City and County Council to restore long term empty buildings. In addition, £3.34 million is being provided to help high street businesses utilise digital technology that will enable their businesses to grow. This includes helping businesses better understand their customer base, thus allowing businesses to plan for their future marketing activities. The results of this should hopefully be increased footfall in town centres. Town centres in North Wales will be the focus of an extra £3 million in funding. This funding will target entrepreneurs and businesses in an attempt to increase the number of businesses operating in Town Centres. The areas being targeted include Wrexham, Rhyl, Colwyn Bay and Bangor.

The Welsh Government has opened a consultation on the improvement of railways services in the South-West Wales region. The consultation, which opened on the 16 March 2021, presents a series of options for improving the rail service such as improvements to existing stations and the development of new stations including the development of a Swansea Bay and West Wales Metro network. The consultation also covers increasing the amount of train services from West Wales to Carmarthen and Swansea and expanding the frequency of service on long distance strategic services. Minister for Economy, Transport and North Wales Ken Skates said: “These proposals look to the future, our recovery from COVID-19 and the development of a high-quality, integrated transport system fit for purpose. […] They are all about making it easier to travel, whether by train, bus, bike or on foot. It’s about making it easier to get to work or school, to your hospital appointment or to get out and about in the evenings and weekends using public transport”.

The Consultation closes on the 8 June 2021.

The Welsh Government has published ‘Llwybr Newydd: the Wales Transport Strategy 2021’. Central to the Strategy are the principals of increasing the use of public transport and reducing carbon emissions from transport.

One of the key targets of the Strategy is to have 45% of all journeys carried out sustainably by 2040, thus lowering the emissions produced from travel which currently accounts for 17% of emissions in Wales. Consequently, a main priority of the Strategy is to bring services closer to people to reduce the need for travel. Therefore, emphasis is being placed on building workplaces closer to public transport links and designing new developments with walking and cycling in mind. This also includes maximising the use of land close to transport hubs and targeting these areas for investment. Therefore, public transport is vital for the Strategy and will be targeted for improvement in terms of its frequency and reliability. 

The inter-connectivity of public transport also needs improving so people can switch between different methods of transport with ease, thus encouraging people to reduce their reliance on cars and make the change to more sustainable transport, through interventions such as behaviour change.

Engaging with communities will be a priority, ensuring that they have a say in the design of local transport initiatives that can meet local needs.  Overall, £210 million will be invested across Wales in 2021/22. Of this, £75 million will be spent on active travel, while £115 million will help local authorities to deliver transport projects that support the commitments in the Transport Strategy.