Agenda item

5.1       The Committee received a report which provided an update on the recent      changes to planning legislation and regulations and identifies where these    may impact upon planning decision making in Westminster.

5.2       There have been a number of changes made to certain aspects of the           planning system in recent months. Some of these changes are temporary and      seek to assist the recovery from the immediate impacts of the COVID-19             pandemic, both from a public health and economic perspective. Other changes are permanent and seek to address the longer-term impacts of       COVID-19, as well as the issues related to the long-term decline in traditional             high street retailing and to seek to promote the delivery of more housing. The             Ministry of Housing, Communities and Local Government (MHCLG) will be reviewing what temporary measures should be extended and may refer to         Planning Authorities on which of these areas were problematic.

5.3       Members held discussion and noted the following: -

·       That the new permitted development right for upward extensions on blocks of flats allowed up to 2 storeys to create new flats on existing blocks flats built after 1 July 1948 and before 5 March 2018 without the requirement for planning permissions.

·       That the new permitted development rights to demolish and replace blocks of flats allows demolition and redevelopment of detached purpose-built blocks of flats and single detached buildings used as offices or other uses within Class B1 that were constructed before 31 December 1989.

·       That these permitted development rights did not apply to conservation areas or listed buildings.

·       The permanent changes to the Use Classes Order includes the creation of a new Class E titled ‘Commercial, Business and Service’ contains a wide range of uses between which changes of use can occur without the need for planning permission. The changes were noted to provide more flexibility and ensure different needs of localities can be taken into consideration. Planning Permission would still be required for associated physical altercations of buildings.

·       The Committee was informed there were several town centres and high streets which required support and that the flexibility and broader use of Class E should enable this. The Sub-Committee was advised that there was a trend for ‘hyper mixed uses’ comprising a range of uses formally within different use classes and the new Class E would support this trend. The existing Article 4 Direction preventing the loss of Class B1 offices to residential in the CAZ had been examined to ensure it remains enforceable in light of the inclusion of offices in Class E. At current time during the transition period that ends on 31 July 2021 there is no requirement for a new Article 4 Direction.  Officers will continue to monitor trends and examine whether the new Class E is having a positive impact on the vitality of our town Centres and high streets.

·       The Committee noted that Article 4 Directions can be cancelled by the Secretary of State at any time before or after its confirmation.

·       That the Service was mapping the number of properties and areas that may be affected by the changes to permitted development rights. Members noted that there were other factors which would influence whether the new permitted development rights would be utilised and these included the ‘consent’ of the freeholders of properties that were affected and the associated legal parameters.

·       That there were no discernible trends regarding large scale developments at current and it was likely that planning agents were observing the market and liaising with their clients about changes to the planning legislation and regulations and its impact on prospective schemes. Officers advised that any future trends on large scale developments would be reported to the Committee.

·       That the new pavement licensing regime was more streamlined and had amalgamated the licensing and the planning application regimes into a single application process for external seating.

·       Members noted that some interested parties relied on site notices for notification about proposed planning applications and welcomed that they would continue to be used by the Service.

·       That applications for the extension of construction hours for a temporary period was permitted until 1 April 2021.

·       That the draft new City Plan had been amended prior to the Examination in Public held earlier in October 2020 to take account of the changes to the Use Classes Order.

RESOLVED:

1.     Members considered the contents of the report and noted the likely impacts recent changes to planning legislation and regulations on future planning decisions.

2.     That Officers provide feedback on the effects of permitted development rights and an analysis of the trends which have emerged following changes to the Use Classes Order during the next 12-month period.