Recommendations & Conclusions
14 items
1
Conclusion
Third Report - Permitted Development Ri…
Not Addressed
The Government’s recent changes to the use class system and the introduction of the class MA permitted development right are a continuation of the policy of successive governments since 2013 of using PDR to speed up housing delivery. We understand the intention behind residential PDRs. We also support the use …
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The Government’s recent changes to the use class system and the introduction of the class MA permitted development right are a continuation of the policy of successive governments since 2013 of using PDR to speed up housing delivery. We understand the intention behind residential PDRs. We also support the use of prior approval and other conditions to control the quality and other aspects of permitted development. We note, however, that the regime might have become so complicated it is now little different from the full planning system.
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Government response AI summary
The government reiterates its belief in the important role of permitted development rights for housing, renewable energy, and high streets, stating they reduce bureaucratic burdens and support brownfield development. It does not address the committee's concern about the PDR regime's complexity.
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Ministry of Housing, Communities and Local Government
2
Conclusion
Third Report - Permitted Development Ri…
Not Addressed
To date, the Government has not explained how its PDR regime fits within the wider planning system or its proposed reforms in the planning White Paper. In particular, the recent extensions to permitted development appear to contradict the increased focus on plan-led development and local democratic involvement, and to fatally …
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To date, the Government has not explained how its PDR regime fits within the wider planning system or its proposed reforms in the planning White Paper. In particular, the recent extensions to permitted development appear to contradict the increased focus on plan-led development and local democratic involvement, and to fatally undermine the role of local authorities in place-making. This raises the question: How can a local planning authority explain to local communities that its hands are tied and it cannot secure the future of its town centres? We note, too, that there is no scope for local communities to comment on permitted development schemes.
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Government response AI summary
The government defends the continued role of permitted development rights as an important delivery tool for housing and high streets, and for reducing burdens on local authorities. However, it does not directly explain how the PDR regime fits within the wider planning system or addresses …
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Ministry of Housing, Communities and Local Government
3
Recommendation
Third Report - Permitted Development Ri…
Rejected
We recommend the Government pause any further extensions of permitted development rights for change of use to residential, including the new class MA right, which is due to take effect on 1 August, and conduct a review of their role within the wider planning system. As part of that review, …
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We recommend the Government pause any further extensions of permitted development rights for change of use to residential, including the new class MA right, which is due to take effect on 1 August, and conduct a review of their role within the wider planning system. As part of that review, it should set out its long-term vision for permitted development for change of use to residential and explain how it plans to retain the benefits of these PDRs whilst not also sacrificing the ability of local planning authorities to control the quality of development. In setting out its long-term vision, the Government should set out how the PDR regime fits with the wider reforms to the planning system and what plans it has, if any, to further extend permitted development rights. (Paragraph 25) Impact on local authorities
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Government response AI summary
The government rejects the recommendation to pause and review permitted development rights, asserting their continued importance as a delivery tool for housing and other sectors, reducing bureaucratic burdens. It reiterates its commitment to PDRs, including future extensions, and mentions the upcoming requirement for local design …
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Ministry of Housing, Communities and Local Government
4
Conclusion
Third Report - Permitted Development Ri…
Accepted in Part
The prior approval process is the principal mechanism by which local planning authorities can control permitted development in their areas, and we welcome the recent inclusion of more criteria, but we are concerned about its increasing complexity and the consequent impact on councils’ resources. This tension— between setting necessary limits …
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The prior approval process is the principal mechanism by which local planning authorities can control permitted development in their areas, and we welcome the recent inclusion of more criteria, but we are concerned about its increasing complexity and the consequent impact on councils’ resources. This tension— between setting necessary limits on the PDR regime and the negative impacts of greater complexity—is difficult to resolve. The efficacy of permitted development depends on whether it can speed up planning decisions and make the outcomes more predictable for developers. The expanded use of prior approval unavoidably compromises its ability to do this. It also places a burden on local authorities that is not commensurate with the fees charged, and at a time when their resources are already strained and they are therefore not equipped to provide a quick service. (Paragraph 34) 38 Permitted Development Rights
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Government response AI summary
The government acknowledges local authority resource and complexity challenges with prior approval. It states it has consulted on fee increases for prior approval and is working with stakeholders to develop interventions to build capacity and skills within local planning authorities. It also commits to considering …
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Ministry of Housing, Communities and Local Government
5
Recommendation
Third Report - Permitted Development Ri…
Accepted in Part
As we have already recommended, the Government should review the role of permitted development rights in the planning system. As part of that review, it should consider how to amend the prior approval process to both simplify it and give local authorities the tools they need to shape their communities …
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As we have already recommended, the Government should review the role of permitted development rights in the planning system. As part of that review, it should consider how to amend the prior approval process to both simplify it and give local authorities the tools they need to shape their communities in line with Local Plans. In addition, the Government should calculate the cost to local authorities of processing prior approval applications and increase the fees accordingly.
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Government response AI summary
The government acknowledges local authority resource and complexity challenges with prior approval. It states it has consulted on fee increases for prior approval and is working with stakeholders to develop interventions to build capacity and skills within local planning authorities. It also commits to considering …
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Ministry of Housing, Communities and Local Government
6
Conclusion
Third Report - Permitted Development Ri…
Rejected
Local councils should be able to protect certain areas from permitted developments rights where they have legitimate concerns about the impact on town centres, high streets and commercial centres. We welcome the amendment to the proposed changes to the National Planning Policy Framework clarifying that Article 4 directions may be …
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Local councils should be able to protect certain areas from permitted developments rights where they have legitimate concerns about the impact on town centres, high streets and commercial centres. We welcome the amendment to the proposed changes to the National Planning Policy Framework clarifying that Article 4 directions may be applied “to prevent the loss of the essential core of a primary shopping area”. This is an improvement on the original proposal, although it is too early to say if it goes far enough. It is also not clear why the Government feel it necessary to amend the current wording or what problem it is trying to fix. In addition, we still believe that councils should not have to wait one year before being able to apply a direction without also being liable to pay compensation to developers.
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Government response AI summary
The government defends its current policy on Article 4 directions, stating the higher threshold for their application relating to residential change of use supports high street regeneration. It explains that compensation liability for withdrawn permitted development rights is set by primary legislation, and the 12-month …
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Ministry of Housing, Communities and Local Government
7
Recommendation
Third Report - Permitted Development Ri…
Not Addressed
The Government should clarify why it considers it necessary to amend paragraph 53 of the National Planning Policy Framework, and set out how the new wording addresses the issues it is seeking to resolve. In addition, we recommend that the Government monitor whether the changes to paragraph 53 give councils …
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The Government should clarify why it considers it necessary to amend paragraph 53 of the National Planning Policy Framework, and set out how the new wording addresses the issues it is seeking to resolve. In addition, we recommend that the Government monitor whether the changes to paragraph 53 give councils the power they need to protect high streets and town centres from permitted development rights for change of use to residential. If the evidence suggests they do not, the Government should amend the wording again to give councils greater freedom to restrict the use of PDRs in certain areas. We also recommend that the Government allow councils to apply Article 4 directions more quickly without having to pay compensation to developers. (Paragraph 44) Impact on high streets and town centres
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Government response AI summary
The government defends its amendment to paragraph 53 and the new Class E, stating they support diversification and housing delivery. It explains that compensation for Article 4 directions is common practice due to primary legislation but does not commit to allowing faster application without compensation …
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Ministry of Housing, Communities and Local Government
8
Recommendation
Third Report - Permitted Development Ri…
Accepted in Part
We broadly welcome the new use class E, as we can see the advantages of greater flexibility, but it should not permit development to bypass the sequential test or risk the loss of medical centres. As we have already recommended, the Government should review the role of permitted development rights …
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We broadly welcome the new use class E, as we can see the advantages of greater flexibility, but it should not permit development to bypass the sequential test or risk the loss of medical centres. As we have already recommended, the Government should review the role of permitted development rights within the planning system. As part of that review, we recommend it consider amending the use class regime to prevent out-of-town commercial and business premises from being converted to retail without having first gone through the sequential test and to prevent the loss of medical centres through change of use within the new use class E.
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Government response AI summary
The government defends Class E's flexibility regarding sequential tests but notes a proposed review of town and out-of-centre development. It claims existing rights already provide protection for health centres and nurseries through local prior approval, addressing part of the recommendation without committing to specific amendments.
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Ministry of Housing, Communities and Local Government
9
Conclusion
Third Report - Permitted Development Ri…
Rejected
We support the Government’s aim of revitalising our high streets and town centres, but we are concerned that the new class MA right could undermine attempts to do so. The current requirement that properties need only have been vacant from three months could put viable businesses at risk of being …
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We support the Government’s aim of revitalising our high streets and town centres, but we are concerned that the new class MA right could undermine attempts to do so. The current requirement that properties need only have been vacant from three months could put viable businesses at risk of being evicted by landlords seeking a profit from residential conversions. This resulting loss of businesses could have a negative effect on footfall. As we heard repeatedly, a viable business will attract more footfall than a residential conversion. We cannot see how footfall will be boosted if high street shops, which serve local workers and visitors, are replaced by flats. That being said, we acknowledge that there may be merit in converting upper Permitted Development Rights 39 floors of properties on the high street. We are also concerned that the protection for ground-floor premises in the prior approval process applies only in conservation areas.
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Government response AI summary
The government defends the Class MA permitted development right, stating it supports thriving high streets and prevents empty premises, citing the two-year rule to prevent gaming. It rejects extending ground-floor protections beyond conservation areas, arguing it would make the process too onerous.
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Ministry of Housing, Communities and Local Government
10
Recommendation
Third Report - Permitted Development Ri…
Rejected
The Government should either extend the vacancy period or devise a test that can be applied to properties to make sure they are not still viable as class E premises. It should consider the most appropriate vacancy period or test as part of the review of PDRs for change of …
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The Government should either extend the vacancy period or devise a test that can be applied to properties to make sure they are not still viable as class E premises. It should consider the most appropriate vacancy period or test as part of the review of PDRs for change of use to residential. We also recommend the Government amend the prior approval process for the class MA right so that councils, in deciding whether to approve development, can consider the impact of a loss of ground-floor commercial, business and service use on the sustainability of a town centre or high street. (Paragraph 63) Housing
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Government response AI summary
The government rejects amending the prior approval process for Class MA rights, stating the current system balances support for high streets and prevents gaming, and that further changes would create an undue burden. It does not address the recommendation to extend the vacancy period or …
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Ministry of Housing, Communities and Local Government
11
Conclusion
Third Report - Permitted Development Ri…
Acknowledged
When compared to the overall number of new homes being delivered, it appears that permitted development rights have made a contribution to the supply of new homes, although the precise number is difficult to calculate given the likelihood that some of these homes would have been built anyway. It also …
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When compared to the overall number of new homes being delivered, it appears that permitted development rights have made a contribution to the supply of new homes, although the precise number is difficult to calculate given the likelihood that some of these homes would have been built anyway. It also seems likely that the new class MA right will increase its contribution further. Given the acute housing shortage in this country, we welcome this additional housing, but we have serious concerns that some of these homes are of poor quality and that some of the people living in them do not have the option of living elsewhere. All new homes delivered through PDR must be truly fit for purpose and suitably located. A flat on an industrial estate is totally unsuitable for young children.
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Government response AI summary
The government defends the continued role of permitted development rights in housing delivery and reducing planning burdens, stating that new PDRs will undergo careful consideration. While acknowledging the importance of good design and placemaking, it refers to the Levelling Up and Regeneration Bill's requirement for …
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Ministry of Housing, Communities and Local Government
12
Recommendation
Third Report - Permitted Development Ri…
Acknowledged
As already recommended, the Government should pause any further extensions of permitted development, including the new class MA right, which is due to take effect on 1 August, and conduct a review of all PDRs for change of use to residential. As part of this review, it should consider how …
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As already recommended, the Government should pause any further extensions of permitted development, including the new class MA right, which is due to take effect on 1 August, and conduct a review of all PDRs for change of use to residential. As part of this review, it should consider how to extend prior approval without also adding to the burden on local authorities. In particular, we recommend that local authorities be able to prevent the siting of homes in inappropriate locations, such as business and industrial parks. Among other amendments to prior approval, the Government should consider the following: • requiring the installation of windows (rather than just skylights) as part of the requirement for adequate natural light; • requiring the provision of outdoor private or communal amenity space; and • enabling local authorities to require that overall the housing delivered through PDRs contributes a mix of housing types that fits with their own assessment of housing need in their area.
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Government response AI summary
The government indicates it will not pause further extensions of permitted development rights (PDRs) or commit to a comprehensive review, but continuously keeps them under review. It asserts existing measures cover inappropriate locations and natural light, while deeming changes for housing mix too complex for …
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Ministry of Housing, Communities and Local Government
13
Conclusion
Third Report - Permitted Development Ri…
Accepted
Housing delivered under permitted development can have as great an impact on local infrastructure and the delivery of services as housing built through the full planning process. It should therefore contribute to the cost of offsetting its negative impact. The loss of affordable housing is a particularly unfortunate consequence of …
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Housing delivered under permitted development can have as great an impact on local infrastructure and the delivery of services as housing built through the full planning process. It should therefore contribute to the cost of offsetting its negative impact. The loss of affordable housing is a particularly unfortunate consequence of its effective exemption from Section 106 agreements and the Community Infrastructure Levy. We welcome the idea of the proposed new Infrastructure Levy covering permitted development, but we are concerned about the lack of detail and of a clear timetable for its introduction. (Paragraph 90) 40 Permitted Development Rights
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Government response AI summary
The government states the new Infrastructure Levy framework is in the Levelling Up and Regeneration Bill, with detailed design to be delivered via regulations and a 'test and learn' approach. It confirms a consultation is underway to determine if and how the Levy could apply …
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Ministry of Housing, Communities and Local Government
14
Recommendation
Third Report - Permitted Development Ri…
Accepted in Part
Whatever the Government’s long-term plans for permitted development and the Infrastructure Levy, we recommend it legislate as soon as possible to ensure that permitted development contributes towards the cost of providing the infrastructure and affordable housing needed to offset any negative impact on the local community. (Paragraph 91) Permitted Development …
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Whatever the Government’s long-term plans for permitted development and the Infrastructure Levy, we recommend it legislate as soon as possible to ensure that permitted development contributes towards the cost of providing the infrastructure and affordable housing needed to offset any negative impact on the local community. (Paragraph 91) Permitted Development Rights 41
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Government response AI summary
The government is addressing the recommendation through the Levelling Up and Regeneration Bill, which establishes a framework for the new Infrastructure Levy. It is currently consulting on the detailed design of the Levy, including whether it will apply to permitted development rights, to ensure contributions …
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Ministry of Housing, Communities and Local Government