The Town and Country Planning (General Permitted ...

1 EXPLANATORY MEMORANDUM TO THE TOWN AND Country Planning ( general Permitted development ) ( england ) ORDER 2015 2015 No. 596 THE TOWN AND Country Planning (COMPENSATION) ( england ) REGULATIONS 2015 2015 No. 598 AND THE TOWN AND Country Planning (USE CLASSES) (AMENDMENT) ( england ) ORDER 2015 2015 No. 597 1. This explanatory memorandum has been prepared by the Department for Communities and Local Government and is laid before Parliament by Command of Her Majesty. 2. Purpose of the instruments The Town and Country Planning ( general Permitted development ) ( england ) Order 2015 consolidates, for england , the Town and Country Planning ( general Permitted development ) Order 1995 and the 22 instruments that have amended the 1995 Order. In addition to the consolidation, the Order also includes a number of policy changes in england . These are explained in paragraph 7 below. Under this Order, the Secretary of State grants Planning permission for different types of development in specified circumstances.

2 These permissions are usually subject to certain limitations and conditions, including in some cases a condition that a developer applies to a local Planning authority for a determination as to whether their prior approval is required for certain impacts before the development can begin. The permissions granted by this Order are commonly known as Permitted development rights. The Order also sets out the circumstances and the procedure (in Article 4 and Schedule 3) where a local Planning authority may remove specified national Permitted development rights in part of its area. The Town and Country Planning (Compensation) ( england ) Regulations 2015 revoke and replace the Town and Country Planning (Compensation) ( england ) Regulations 2013, with amendments relating to the compensation rights of land owners in relation to the new Permitted development rights created in the Town and Country Planning ( general Permitted development ) ( england ) Order 2015.

3 The Town and Country Planning (Use Classes) (Amendment) ( england ) Order 2015 amends the Town and Country Planning (Use Classes) Order 1987 for england only. The Use Classes Order groups common uses of land and buildings into classes. The uses within each class are, for Planning purposes, considered to be broadly similar to one another. 3. Matters of special interest to the Joint Committee on Statutory Instruments None. 4. Legislative Context Section 55 of the Town and Country Planning Act 1990 ( the 1990 Act ) defines development for the purposes of the 1990 Act to cover both operational development ( building work) and material change of use. Section 57 provides that Planning permission is normally required for any development of land. Under section 58, Planning permission may be granted on application to a local Planning authority or by way of a development order under the 1990 Act. The Town and Country Planning ( general Permitted development ) ( england ) Order 2015 has been created as part of a general policy objective to consolidate a number of statutory instruments in relation to town and Country Planning in england .

4 The Order is made under sections 59, 60, 61, 74 and 333 of the 1990 Act. The 2015 Order is made under these powers and grants Planning permission for a range of predominantly minor development , subject to certain limitations and conditions. development granted Planning permission under the Order is known as Permitted development , and the effect is that no application needs to be made to the local Planning authority to obtain Planning permission, although in some cases the Permitted development right is subject to prior approval from the local Planning authority in relation certain specified matters. The Town and Country Planning (Compensation) ( england ) Regulations 2015 make provision to ensure that no compensation arises where adequate notice has been given of the removal of Planning permission granted under a development order, local development order or neighbourhood development order. The Regulations are made under section 108 of the 1990 Act.

5 Where Planning permission granted by a development order, a local development order or a neighbourhood development order is withdrawn, land owners may have a right to compensation under section 108 of the 1990 Act. The Town and Country Planning (Use Classes) (Amendment) ( england ) Order 2015 makes provision in respect of specified uses and transitional arrangements. The Town and Country Planning (Use Classes) Order 1987 specifies classes of use of buildings or other land for the purposes of section 55(2)(f) of the Town and Country Planning Act 1990. Section 55(2)(f) provides that a change of use is not to be taken as development where the former use and the new use are both within the same class as specified in an order. Changes of use which are not to be taken as development do not require Planning permission. 5. Territorial Extent and Application These statutory instruments apply to england only. 6. European Convention on Human Rights As these instruments are subject to negative resolution procedure and do not amend primary legislation, no statement is required.

6 7. Policy background What is being done and why To support growth in the economy, the Government is creating new Permitted development rights to make it easier for businesses to make the best use of their premises; to deliver more homes; support high streets and retailers; support the film and television industries; continue to allow larger home and business extensions; introduce extra rights for waste management facilities and equipment housings for sewerage undertakers; and support sustainability through reuse of buildings and increased use of solar panels on commercial buildings. It is also limiting the compensation liability on withdrawal of the new Permitted development rights, and amending the Town and Country Planning (Use Classes) Order 1987 so that those betting offices and pay day loan shops which fell within Class A2 of that Order are removed from that class. This means a Planning application would be required for change of use to such premises.

7 The new Permitted development rights are as follows. A new Permitted development right, for a three year period, will allow storage or distribution buildings (B8) to change use to residential (C3). Up to 500m2 of floor space will be able to change to residential use. The right is subject to a prior approval process covering transport and highways, air quality impacts on intended occupiers, noise impacts of the development , risks of contamination, flooding, and the impact the change of use would have on existing industrial uses and or storage or distribution uses. If the site is under an agricultural tenancy then the consent of both the landlord and the tenant will be needed for any development to be Permitted . The right only applies to buildings that were last used or were in use as storage or distribution (B8) on or before 19th March 2014. This would include former businesses in an office use (B1) or general industrial (B2) buildings that have changed use to storage or distribution (B8) use under existing Permitted development rights, provided that they were in such uses on 19th March 2014.

8 However, there is an additional requirement that a building seeking to change use must have been in B8 use for a period of a least 4 years before the date development begins. The new right does not apply in National Parks, Areas of Outstanding Natural Beauty, the Broads and World Heritage Sites, Listed Buildings or land within the curtilage of Listed Buildings, Scheduled Monuments, or in Sites of Special Scientific Interest, Safety Hazard Areas and Military Explosives Storage Areas. After changing to a residential use, existing Permitted development rights for dwelling houses (C3) will not apply. 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 that are reasonably necessary to make this change. This will enable re-use of existing buildings, support high streets and increase housing supply.

9 Up to 150 m2 of floor space will be able to change to residential use. The right is subject to a prior approval process covering transport and highways, flooding, contamination and, where buildings works are to be carried out under the Permitted development right, design. The right does not apply in National Parks, Areas of Outstanding Natural Beauty, the Broads and World Heritage Sites, nor to land within the curtilage of Listed Buildings or Scheduled Monuments, or Sites of Special Scientific Interest, Safety Hazard Areas and Military Explosives Storage Areas. After changing to a residential use, existing Permitted development rights for dwelling houses (C3) will not apply. A Permitted development right will extend the current right for larger householder rear extensions for a further 3 year period until 30th May 2019. If any neighbour raises objections when they are notified of the proposal the right is then subject to a prior approval as to the impact on the amenity of adjoining premises.

10 A new Permitted development right will allow the change of use from shops (A1) to financial and professional services (A2) to help businesses adapt more quickly to market changes and support high streets. The rights will also apply equally to premises that have changed to a shop (A1) following a Planning permission granted by a local Planning authority, or by exercising a Permitted development right. Betting offices and pay day loan shops will be removed from the A2 use class and become sui generis. They will continue to benefit from the Permitted development rights to change to A1 and A2 uses. They will also benefit from the Permitted development right to temporarily change of use for a period up to 2 years (Class D of Part 4 of Schedule 2 to the Order), after which they can revert to their previous use or change to A1 or A2 uses. Premises that have changed use to a betting office or pay day loan shop under the Class D temporary Permitted development right retain their original use class and will revert to that at the end of the two year period.