pdf - Nathaniel Lichfield & Partners
Transcription
pdf - Nathaniel Lichfield & Partners
Planning News Town Centres & Retail April 2015 CLG Secretary of State (SoS) Eric Pickles has given his last ‘Planning Update’ in the form of a Ministerial Statement that provides details of the most recent steps taken by the Coalition Government to, ‘streamline the planning system, protect the environment, support economic growth and assist locally-led decision-making’. Much of the Statement covers the recent flurry of legislative changes, including the Town and Country Planning (General Permitted Development) (England) Order 2015 (GPDO) and the Town and Country Planning (Development Management Procedure) (England) Order 2015 that will come into force on 15 April, 2015. Of particular interest with the new GPDO is the fact that - despite DCLG consulting on two options for their continuation beyond 30 May, 2016 - the office to residential change of use permitted development right (PDR) will ‘expire’ next year after all. It would appear that the Government has taken into account in the new Order the unintended consequences of this current right that have been highlighted by London councils in particular. There are also a number of other new PDRs – arising from last summer’s technical planning consultation - that are intended to support a ‘mixed and vibrant high street’, including (with conditions and limitations, and a requirement for prior approval): • allowing retailers to erect click and collect facilities; • allowing retailers to modify the size of their existing shop loading bay by up to 20; • the change of use from shops (A1), financial and professional services (A2), betting offices, pay day loan shops and casinos to restaurants and cafes (A3) and for limited building works; and • up to 200 sq. m of shops (A1) and financial professional services (A2) to change to assembly and leisure uses (D2). The change of use from shops (A1) to financial and professional services (A2) is also permitted but there is a new limitation on the change of use of pubs (Class A4 ‘drinking establishments’) relating to buildings listed as assets of community value. The new Order provides that where a drinking establishment has been entered onto a list of assets of community value (under s89 of the Localism Act 2011), or where the local planning authority (LPA) has notified the developer that there is a nomination for listing that building, changes of use, temporary uses and demolition are not permitted development (PD) for a specified period (up to 5 years). Mention is otherwise made in the Statement of changes to environmental impact assessment (EIA) thresholds. And significantly, a new national planning policy on parking provision is introduced - the following text from the Statement now has to be read alongside paragraph 39 of the National Planning Policy Framework (NPPF): ‘Local Planning authorities should only impose local parking standards for residential and non-residential development where there is clear and compelling justification that it is necessary to manage their local road network.’ The Ministerial Statement otherwise refers to a significant number of important revisions that are in the process of being made to the national Planning Practice Guidance (PPG); the very many revisions include changes to guidance on: EIA screening threshold changes; planning performance agreements; charging for pre-application services; viability; the Vacant Building Credit; sustainable drainage systems (SuDS); and renewable and low carbon energy. Betting offices and pay day loan shops to fall outside Use Classes Order The Town and Country Planning (Use Classes) (Amendment) (England) Order 2015 will come into force on 15 April. The new Order amends the Town and Country Planning (Use Classes) Order 1987 (as amended), by providing that a betting office and use as a pay day loan shop are included in Article 3(6) of the Order: i.e. they are added to the list of uses excluded from any Use Class in the Schedule and become ‘sui generis’. “ Quote of the month: “This package of measures will help deliver more homes in a locally-led planning system, protect the environment, provide certainty for local residents and business, and contribute to the government’s long-term economic plan and economic growth.” “ Pickles ties up all the planning loose ends: out with a bang not a whimper SoS Eric Pickles, in his last announcement on further steps to streamline the planning system and more Consultation on changes to compulsory purchase regime As part of Budget 2015, and as previously announced in the 2014 Autumn Statement, DCLG has launched a new consultation on changing the compulsory purchase regime. As well as putting forward a ‘package of proposals’, the Government is consulting on 127 pages of draft, updated guidance on every aspect of compulsory purchase - from acquiring authorities choosing the right compulsory purchase power, to compensation. The consultation ends on 9 June. Part A of the Use Class Order is also amended to omit ‘including use as a betting office’ from Class A2. Contact Us Margaret Baddeley Alison Bembenek [email protected] T: 020 7837 4477 [email protected] T: 020 7837 4477 Planning 2011-2014 Consultancy of the Year nlpplanning.com This publication has been written in general terms and cannot be relied on to cover specific situations. We recommend that you obtain professional advice before acting or refraining from acting on any of the contents of this publication. NLP accepts no duty of care or liability for any loss occasioned to any person acting or refraining from acting as a result of any material in this publication.Nathaniel Lichfield & Partners is the trading name of Nathaniel Lichfield & Partners Limited. Registered in England, no.2778116. Registered office: 14 Regent’s Wharf, All Saints Street, London N1 9RL© Nathaniel Lichfield & Partners Ltd 2015. All rights reserved. 1