READING BOROUGH COUNCIL REPORT BY DIRECTOR OF ENVIRONMENT

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1 READING BOROUGH COUNCIL REPORT BY DIRECTOR OF ENVIRONMENT TO: PLANNING APPLICATIONS COMMITTEE DATE: 29 April 2015 AGENDA ITEM: 7 TITLE: Ministerial Announcement and the Introduction of additional permitted development rights under the Town and Country Planning (General Permitted Development) (Amendment) (England) Order 2015 and other changes to policy SERVICE: PLANNING WARDS: ALL AUTHOR: Kiaran Roughan TEL: JOB TITLE: Planning Manager 1. PURPOSE AND SUMMARY OF REPORT 1.1 In a written statement to Parliament on 25 th March 2015, the Secretary of State for Communities and Local Government announced a number of changes to the planning system, most of which have come into force during April The Secretary of State confirmed important secondary legislation which introduces new permitted development rights (the Town and Country Planning (General Permitted Development) (Amendment) (England) Order 2013 (GDPO)) from 15 April as well as newly consolidated Development Management Procedure Order. In addition, the Secretary of State announced a number of other policy changes including new stipulations in relation to Housing technical standards that withdraws the Code for Sustainable Homes, which this Council s policies use to assess the sustainability of new residential development. It also starts the process of introducing standards for zero carbon homes for which there is a commitment to have in place by A number of other changes were also included in the statement. 1.2 This report briefly summarises the changes that were announced on 25 th March and considers some of the possible implications for this Council as Local Planning Authority, although officers have still to work through all the changes that have been made. 2. RECOMMENDED ACTION 2.1 That the Committee notes the report and the new changes to the planning system that have been introduced by the government. 3. BACKGROUND AND ISSUES The changes 3.1 The Town and Country Planning (General Permitted Development) (Amendment) (England) Order 2013 (GDPO)) makes a number of changes to permitted development rights. The permitted development rights changes include allowing more changes of use between shops and financial and professional services, allowing the change of such uses to restaurants or leisure use, and allowing retailers to adapt their facilities more freely to support click and collect. This includes a right for shops to modify the size of existing loading bays to help facilitate click and collect.

2 3.2 The new measures will also allow change of use from some business uses (B8 uses) to residential under the prior approval process up to a limit of 500m 2. This is limited to a 3 year period. A new permitted development right will allow amusement arcades/ centres and casinos, which are sui generis uses and so do not sit in any specific use class, to change use to residential (C3) use and carry out associated building works, subject to a limit of 150m The measures will continue to allow larger, rear domestic extensions via the prior approval process until May The Government has also clarified the wording on front extensions following requests by some local authorities. 3.4 The new provisions will allow commercial filming for longer periods, larger capacity solar panels on non-domestic buildings, make permanent larger business extensions and allow likefor-like replacements within waste management facilities and allowing equipment housings for sewerage undertakers. The changes allow for a 20-fold increase in the amount of solar panels that can go onto the roofs of non-domestic buildings such as warehouses and offices without having to submit a full planning application, subject to strict safeguards to protect local amenity. 3.5 The changes enable further flexibility to change between A1, A2, A3, A4 and A5 uses. The changes also remove betting shops or pay day loan shops from the A2 use class, meaning that they would now be considered sui generis uses, a change of use to which will require planning permission. This change will enable local consideration of planning applications for any change of use to a betting shop or pay day loan shop. This council has previously supported this measure albeit that there is no national policy or guidance on considerations relating to these uses and the council will have to consider it under new policy as part of a review of its local plan. There are also some changes to compensation liability when permitted development rights are removed through an Article 4 Direction. It also amends some of the existing procedures for making an Article 4 Direction. 3.6 Most welcome is the fact that these changes are now incorporated into a single consolidated GDPO which has also been streamlined with a number of substantive and procedural changes, as well as considerable reordering of the Parts, which have reduced from 43 to The planning system has previously had to rely on the 1995 GDPO and a large number of separate amendments, often several a year, to determine whether a proposal was permitted development. All the amendments have now been incorporated into one document which will considerably simplify consideration of permitted development rights. 3.8 Also to be welcomed is the newly consolidated Development Management Procedure Order. This is intended to further simplify and streamline the planning application process for local planning authorities, applicants, and other users of the planning system. For the most part the order is a consolidation of the existing development management procedure order provisions. However the substantive changes are to introduce the new procedure for the deemed discharge of details under planning conditions, make various other changes to the approval of details and alter consultation requirements, in particular introducing an obligation to notify applications within 10m of railway land. 3.9 As well as changes in the Development Management Procedure Order, the administration has also introduced further measures to reduce and simplify the requirements to notify English Heritage and refer certain heritage applications to the Secretary of State The main policy changes announced by the Secretary of State relate to technical standards for new housing. Following the administration s Housing Standards Review, the government have sought to rationalise the range of technical standards that will be applied to new housing through the planning process, and these are now limited to four key themes energy, water, access, and internal space. All other standards relating to construction, internal space and performance will no longer be able to be imposed.

3 3.11 In terms of access and water, there will be new optional standards in the Building Regulations. To be able to opt in to these standards, local authorities must include a policy in their local plan. Internal space standards will work in a similar way, in that will be a single national space standard that local authorities must opt in to through inclusion of a local plan policy, although in this case it will not be part of the Building Regulations Energy performance of new homes will mainly fall outside the planning system. From 2016 all homes will be zero carbon, through a mixture of raised building standards and allowable solutions such as offsite energy sources and contributions to clean energy schemes. However, sites of fewer than 10 homes will be exempt from the allowable solutions requirements, with safeguards against abuses. Energy performance of new homes will be set in the Building Regulations at a level equivalent to the Code for Sustainable Homes Level 4. However, this is expected to come into force in late 2016, and until that point local planning authorities can continue to apply local standards on energy performance that exceed the Building Regulations As part of this, the Code for Sustainable Homes has been withdrawn. A broad requirement to meet a particular Code for Sustainable Homes level will no longer apply. In terms of transitional arrangements, the Department for Communities and Local Government has said that for the first six months (i.e. up to 1 October when new Building Standards kick-in) for water, space, security and access the old existing standards could continue to be applied based on existing plans, rather than the optional new requirement or national space standard. A plan policy which specifically requires building to lifetime homes standards, which is under the access theme, would continue to apply until that point, but delivery of a home to this standard as an indirect effect of achieving points for a Code for Sustainable Homes level, would no longer apply Following the 2014 review of the nationally significant infrastructure planning regime, guidance on the pre-application and examination stages is being updated. Planning practice guidance on hazardous substances is being updated to reflect changes to new regulations being introduced on 1 June Planning practice guidance is also being updated to explain the changes to the environmental impact assessment screening thresholds which will come into effect on 6 April The changes will reduce costs for local planning authorities and developers and provide more certainty about when an assessment is required New guidance has also been published on the new social housing relief rules under the amended Community Infrastructure Levy Regulations; on supporting the provision of dedicated student accommodation to take pressure off the private rented sector; on supporting the Built to Rent sector and increasing institutional investment in new build rented accommodation; on ensuring effective pre-application discussions; and improving awareness of the New Homes Bonus The announcement also referred to a recent consultation that proposes that local authorities have Local Development Orders in place on more than 90% of brownfield land suitable for new homes by For Reading that could mean a huge task formulating Local Development Orders for potential development/redevelopment sites in the borough, taking it through consultation procedures, etc. Officers have previously responded to the consultation on this matter raising strong objections to the introduction of such provisions. Producing LDOs is very resource intensive, and there could be a need to separate LDOs in an urban area such as Reading. The council would lose considerable control over matters such as design and placemaking. For Reading it would also have a significant effect on income from planning application fees The Highways Agency is set become Highways England, which will see it transform from a government agency to a government-owned company. Highways England will not inherit the Highways Agency's planning powers. It loses the power to direct that a planning application should be refused, or that certain conditions should be attached to a permission. The new body will only be able to make a recommendation. It will then be up to the relevant local authorities to decide whether to follow that recommendation. The government also recently announced revisions to the circumstances in which planning authorities are required to involve

4 the Highways Agency, and its successor, as a statutory consultee. Under the new arrangements, local authorities will only need to consult it on development., likely to result in an adverse impact on the safety of, or queuing on a trunk road" The changes introduced subsequent to the Secretary of State s announcement, allied to other recent changes have resulted in an unprecedented amount of changes to the planning system at one time. The following 16 new Statutory Instruments (SIs) and 2 new Directions are due to come into force, mostly between 1 April 2015 and 15 April 2015: Due to come into force on 1 April 2015: SI 2015 No The Community Infrastructure Levy (Amendment) Regulations SI 2015 No The Infrastructure Act 2015 (Strategic Highways Companies) (Consequential, Transitional and Savings Provisions) Regulations 2015 Due to come into force on 6 April 2015: SI 2015 No The Town and Country Planning (Hearings and Inquiries Procedure) (England) (Amendment and Revocation) Rules 2015). SI 2015 No The Infrastructure Planning (Interested Parties and Miscellaneous Prescribed Provisions) Regulations 2015 SI 2015 No The Town and Country Planning (General Permitted Development) (Amendment) (England) Order 2015 SI 2015 No The Town and Country Planning (Environmental Impact Assessment) (Amendment) Regulations Due to come into force on 15 April 2015: SI 2015 No The Town and Country Planning (Development Management Procedure) (England) Order 2015 SI 2015 No The Town and Country Planning (General Permitted Development) (England) Order SI 2015 No The Town and Country Planning (Use Classes) (Amendment) (England) Order 2015 SI 2015 No The Town and Country Planning (Compensation) (England) Regulations 2015 SI 2015 No The Town and Country Planning (Section 62A Applications) (Procedure and Consequential Amendments) (Amendment) Order SI 2015 No The Town and Country Planning General (Amendment) (England) Regulations 2015 SI 2015 No The Planning (Listed Buildings and Conservation Areas) (Amendment) (England) Regulations 2015 Arrangements for handling heritage applications - notification to Historic England and National Amenity Societies and the Secretary of State (England) Direction The Conservation Areas (application of section 74 of the Planning (Listed Buildings and Conservation Areas) Act 1990) Direction Due to come into force on or after 1 June 2015: SI 2015 No The Planning (Hazardous Substances) Regulations SI 2015 No The Infrastructure Planning (Changes to, and Revocation of, Development Consent Orders) (Amendment) Regulations SI 2015 No The National Park Authorities (England) Order Not all these instruments are referred to in this report only the main changes. But as can be seen, while a lot of the change is about streamlining the planning system, it has ended up making it extremely complicated.

5 4.0 COMMENTARY ON MAIN ISSUES 4.1 A significant amount of changes have been made and it will take time for officers to understand the implications of all the changes and how they will be applied. However, some commentary can be provided on some main issues. 4.2 As indicated the consolidation and streamlining of the GDPO is most welcome as is the consolidation of the Development Management Procedure Order. This will considerably simplify the determination of permitted development and planning procedures. The Council will also welcome the separation of change of use to a betting shop or pay day loan shop from the general A2 use class and the recognition that these uses have different considerations to mainstream A2 uses. 4.3 Officers do have some concerns over other changes to the use classes order. The changes now propose significant new permitted development rights to change from A1 shop retail uses to A2 and A3 uses which may result in shop uses being forced out of traditional primary shopping streets as rental expectations rise as shop properties can be used for banks and estate agencies, etc., without the need for planning permission. There are also going to be concerns in relation to potential noise from extract/refrigeration plant and late night disturbance from customers. However the PD rights include a prior approval procedure for noise and odour, transport, hours of opening and transport impacts and loss of retail, which is largely what would be assessed under a planning application in any case. Of course the fee for the application will be much lower. 4.4 The time limit for prior approvals for residential extensions has been extended to That is of concern as the larger permitted development rights under this regime are causing some concerns. However the time limit for the residential conversion of offices (formerly Class J, now Class O) has not been extended, and is still set to expire on 30 May It was previously suggested that this would also be extended and while this Council has seen this measure as highly damaging, at least the government is going to stick to its original time limit. 4.5 The extension of permitted development (albeit via the prior approval provisions) for changes of use of some business properties and for amusement arcades and casinos is of concern for similar reasons as the change of use of offices to residential. In addition to the concerns over the financial implications and the failure of such schemes to provide affordable housing, officer see considerable difficulties in a lot of such premises providing satisfactory locations and structures for residential accommodation. Changes of use from B8 in particular could raise concerns, but, due to the size limit, as well as the safeguard of allowing the Council to consider the effect on the local economy, it is unlikely that the this PD right will be taken up in the numbers that we have seen for conversion of offices. 4.6 A concern arising from the various extensions of PD rights for building work is that trees are at risk from construction under PD rights, and there is more risk with larger allowances. The new PD rights for solar panels may also result in complaints that adjacent trees are affecting the solar panel efficiency and should be removed. 4.7 In terms of technical standards, the implications are likely to be that, from October 2015 until a new local plan containing policies opting into the national standards is adopted in 2017 at the earliest, the Council will not be able to apply any standards in terms of internal space, water use or access. This will have a significant effect on the quality of development permitted during that period. 4.8 The Council also has very significant concerns about the requirements for Local Development Orders to be in place for 90% of suitable sites. This will be extremely labour-intensive, and achieving the requirement is likely to divert resources from plan-making. The quality of developments will undoubtedly suffer as the Council will lose a degree of control over design. As a result, the Council objected strongly to the proposal. It should be noted that the inclusion of this within the ministerial statement represents a continued statement of intent rather than

6 any specific change at this stage, and the government is yet to respond to the consultation on this matter fully. 5. CONTRIBUTION TO STRATEGIC AIMS 5.1 The planning development management service contributes to the Council s strategic aims in terms of: To develop Reading as a Green City with a sustainable environment and economy at the heart of the Thames Valley To promote equality, social inclusion and a safe and healthy environment for all 6. COMMUNITY ENGAGEMENT AND INFORMATION 6.1 Statutory consultation takes place in connection with applications for prior-approval as specified in the Order discussed above. 7 EQUALITY IMPACT ASSESSMENT 7.1 Where appropriate the Council must have regard to its duties under the Equality Act 2010, Section 149, to have due regard to the need to eliminate discrimination, harassment, victimisation and any other conduct that is prohibited by or under this Act; advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it; foster good relations between persons who share a relevant protected characteristic and persons who do not share it. 7.2 There are no direct implications arising from the proposals. 8. LEGAL IMPLICATIONS 8.1 These are dealt with in the Report. 9. FINANCIAL IMPLICATIONS 9.1 There are no direct financial implications resulting from this report. 10. BACKGROUND PAPERS See paragraph 3.18 for listing of publications that are the subject of this report. Written statement to Parliament by the Rt. Hon. Eric Pickles: Planning update March

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