Agenda item

The deadline for questions is noon on Wednesday, 5th August 2020.

Councillor Hamilton – Homes in Existing Office, Warehouse, Shop Buildings

“The Ministry of Housing, Communities and Local Government (MHCLG) has announced new laws for the further relaxation of rules to help revitalise town centres by allowing property developers to create homes in existing buildings, such as offices, shops and warehouses without detailed planning permission. This adds to the relaxation 5 years ago to such planning rules yet a report commissioned by the MHCLG concluded that such relaxation has already resulted in flats “that are no bigger than garden sheds” of which “some had no windows or very limited natural light because of contrived layouts”.

My question is regarding these relaxations in planning procedures in town centres. What safeguards are CBC putting in place to ensure that any such properties within Loughborough and elsewhere in Charnwood are “fit for purpose” in terms of size, facilities, natural light etc. and truly meet the needs of our communities?”

The following response had been published prior to the meeting:

Permitted development rights for change of use from various types of commercial buildings to residential use were introduced initially in 2013 for a temporary period. They were made permanent in April 2016. The purpose is to help stimulate the economy and significantly boost the delivery of housing.

The most recent changes in Summer 2020, have recognised the issues with regard to access to natural light and residential amenity and have put a new safeguard in place. This recent change to the legislation now requires all prior notification applications under Parts M, N, O, PA and Q* of the General Permitted Development Order, to be submitted with floor plans, including the use of each room and the dimensions. This is to allow local planning authorities to consider access to natural light as part of the assessment as to whether prior approval is required, along with other specified issues, such as, transport and highway impact, contamination risk, flood risk and impacts of noise. If the local authority is not satisfied the development accords with the requirements set out within the General Permitted Development Order, including sufficient access to natural light, the local planning authority can require further details for approval. If the local planning authority is still not satisfied at this stage prior approval can be refused.

Article 4 measures would be the only mechanism available to Charnwood to remove these permitted development rights to change use to residential, and it is not considered that there is sufficient local justification or evidence to suggest changes of use within Charnwood should be different to other areas in England.

* The Town and Country Planning (General Permitted Development) (England) Order 2015

Class M – retail or betting office or pay day loan shop to dwellinghouses

Class N – specified sui generis uses to dwellinghouses (amusement arcades & Casinos)

Class O – offices to dwellinghouses

Class PA – premises in light industrial use to dwellinghouses

Class Q – agricultural buildings to dwellinghouses.

In making a statement/asking a supplementary question, Councillor Hamilton referred to his question having been driven by central Government relaxation of the planning rules, the reason for which was understood, the Government was considering what could be done to facilitate the evolution of town centres that were clearly changing, one of the ways of doing so being to make it easier for developers.  However, earlier relaxation of rules had led to some abuses, such as residential properties the size of garden sheds, some having no windows, etc.  Councillor Hamilton thanked Cabinet for the response which indicated that the Government had taken this into account and had put some safeguarding in place, which had been the concern in Councillor Hamilton’s question, to ensure quality required.  As part of the evolving scene in planning where the Government was making it easier for developers, to encourage building, Councillor Hamilton wished to know what the Council’s planning team was doing to take account of this evolution, in particular to develop a greater safeguarding role moving forward to ensure that developers deliver a quality of property that was wanted here in Charnwood?

In response, the Leader stated that the Council’s planning team had undertaken initial review of the Government White Paper published the previous week, although more detailed consideration was needed to understand the proposed changes and implications.  The current consultation provided the opportunity for this Council and others to put forward their views.  The Council had also been in contact with the Planning Minister in respect of earlier requests, the five-year supply for instance.  The Council’s planning team would be making a presentation to councillors to explain the White Paper and its implications for Charnwood, at which there would be an opportunity for councillors to ask questions.