Development Control Board Planning reform update Growth and Infrastructure Act
Option to make planning application direct to Secretary of State (SoS) • Applies where local authority has been designated as poorly performing with regard to the speed of determining major planning applications • Developer can apply straight to SoS. Planning Inspectorate makes decision and receives fee Inspectorate makes decision and receives fee • No right of appeal • Performance reviewed annually • Designation criteria must be agreed by Parliament before this applies.
Planning Performance • LBBD performance • 11/12 - 33% of 12 major applications determined within 13 weeks • 12/13 - 67% of 24 major applications determined within 13 weeks • 13/14 to date – 100% of 11 major applications determined • Using planning performance agreements
Modification or discharge of existing affordable housing requirements in S106 • Developer applies to Council for revised affordable housing obligation (S106) • If cannot agree developer can appeal to Secretary of State • If allowed by SoS, reduced obligation applies for three years • If development not completed in three years original affordable housing obligation applies to those parts not commenced
Nationally significant infrastructure projects • Determined by SoS not Council due to complexity • SoS issues a Development Consent Order which includes other necessary permissions • Currently covers energy, transport, water and waste projects above a prescribed size • Act adds business and commercial projects – but size to be confirmed
Increased limits for homeowner single storey rear extensions and conservatories • Detached homes increase depth from 4m – 8m • Other homes increase depth from 3m – 6m • Max height 4m, if eaves over 3m must not be within 2m of boundary • Can take up no more than 50% of the land around the “original house” • Current LBBD guidance is 3.65 metres max (6m for conservatories) for semi and terraced homes, above this 45 degree rule applies, no max for detached. • Applies from 30 May 2013 • Must be built before 30 May 2016 • Does not apply in Conservation Areas • Consider merits of Article 4 Direction
Procedure for single storey rear extensions • Developer submits description of development, a site plan and plan of development and addresses of adjoining premises to Council • Council notifies adjoining owners or occupiers and provides description of development – 21 days to respond – If they object prior approval from Council required as to impact on amenity of any adjoining premises adjoining premises – If no objection received development can proceed • Development can only begin if Council say, prior approval not required, gives prior approval or does not respond within 42 days • Developer must notify Council of completion • The Council receives no fee
Offices to residential • Offices (B1a) allowed to convert to residential (C3) without planning permission • Building must have been used as office before 30 May 2013 • C3 use must have commenced before 30 May 2016 • Does not apply to Listed Buildings • Not able to secure S106 but will contribute towards New Homes Bonus • Subject to prior approval process covering, significant transport and highway impacts, contamination risks and flood risks on the site
State funded schools • Can open in any building in a “use class” for a single academic year without planning permission • Does not apply to listed buildings • School must be approved by Secretary of State who must notify Council of approval and opening date must notify Council of approval and opening date • Site must revert to previous use after one year
State funded schools continued • B1 (business), C1 (hotel), C2 (residential institution), C2A (secured residential institution) and D2 (assembly and leisure) can convert to a state funded school without planning permission • Prior approval needed for transport and highways • Prior approval needed for transport and highways impact, noise impacts and contamination risks. • Can revert back to previous use without planning permission
High street uses – temporary flexibility • Shops (A1), financial and professional services (A2), restaurants and cafes (A3), pubs (A4), takeaways (A5), offices (B1a), light industry (B1b), R&D (B1c), non-residential institutions (D1) and assembly and leisure (D2) can change to A1, A2, A3, B1a,b & c without planning permission • • Change of use must be less than or equal to 150 square metres Change of use must be less than or equal to 150 square metres (sqm) • Applies for single continuous period of two years • Can change to other permitted use within two year period • Site must revert to previous lawful use after two years • Does not apply to listed buildings
Increased limits for extensions to shops (A1) and financial/professional services (A2) • Can now extend up to 100 sqm or 50% of original floorspace whichever is the lesser • Must be at least 2m gap to boundary of residential • Other limits remain including max height of 4m • Other limits remain including max height of 4m • Must be built by 30 May 2016
Further changes to permitted development rights • Offices (B1a) now able to extend up to 100 sqm or 50%, whichever is the lesser • Industrial (B2) and warehouse (B8) premises now able to extend up to 200 sqm but must not exceed original gross floorspace of building by 1000 square metres or 50% whichever is lesser • Must be built by 30 May 2016
Further changes to permitted development rights • Business (B1) or industry (B2) can change to warehousing (B8) if equal to or less than 500 square metres • B2 or B8 can change to B1 without planning permission if equal to or less than 500 square metres if equal to or less than 500 square metres • Prior approval process, which controls siting and design of cabinets for fixed broadband apparatus in Conservation Areas removed
Enterprise and Regulatory Reform Act • Conservation area consent replaced by planning permission – removes need for two different consents • Those parts of a listed building which lack architectural merit can be excluded from listing and therefore listed building consent not required for works to them building consent not required for works to them • More precise listed building entries will be produced • Certificates of Lawfulness to confirm works can be carried out without Listed Building Consent • Certificates of immunity from a building being listed for five years can be sought at any time
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