Select Committee · Housing, Communities and Local Government Committee

Permitted Development Rights

Status: Closed Opened: 23 Mar 2021 Closed: 23 May 2023 7 recommendations 7 conclusions 1 report

The aim of this short inquiry is to examine the Government’s recent and proposed changes to permitted development rights in respect of large-scale development, commercial-to-residential conversions and changes of use between different types of commercial and retail premises. In particular, the inquiry will explore their role in supporting economic growth and their impact on local …

Reports

1 report
Title HC No. Published Items Response
Third Report - Permitted Development Rights HC 32 22 Jul 2021 14 Responded

Recommendations & Conclusions

14 items
1 Conclusion Third Report - Permitted Development Ri…

The Government’s recent changes to the use class system and the introduction of the class...

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 …

Government response. We believe that permitted development rights can continue to play an important role in the planning system alongside our wider planning changes. They can be an important delivery tool for housing, renewable energy and supporting High Streets. More broadly, permitted …
Ministry of Housing, Communities and Local Government
2 Conclusion Third Report - Permitted Development Ri…

To date, the Government has not explained how its PDR regime fits within the wider...

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 …

Government response. We believe that permitted development rights can continue to play an important role in the planning system alongside our wider planning changes. They can be an important delivery tool for housing, renewable energy and supporting High Streets. More broadly, permitted …
Ministry of Housing, Communities and Local Government
3 Recommendation Third Report - Permitted Development Ri…

We recommend the Government pause any further extensions of permitted development rights for change of...

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, …

Government response. We believe that permitted development rights can continue to play an important role in the planning system alongside our wider planning changes. They can be an important delivery tool for housing, renewable energy and supporting High Streets. More broadly, permitted …
Ministry of Housing, Communities and Local Government
4 Conclusion Third Report - Permitted Development Ri…

The prior approval process is the principal mechanism by which local planning authorities can control...

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 …

Government response. Longstanding planning law provides that permitted development rights can be subject to local consideration of particular planning matters, known as prior approval. This enables local authorities to consider important planning matters that may give rise to adverse impacts and proposed …
Ministry of Housing, Communities and Local Government
5 Recommendation Third Report - Permitted Development Ri…

As we have already recommended, the Government should review the role of permitted development rights...

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 …

Government response. Longstanding planning law provides that permitted development rights can be subject to local consideration of particular planning matters, known as prior approval. This enables local authorities to consider important planning matters that may give rise to adverse impacts and proposed …
Ministry of Housing, Communities and Local Government
6 Conclusion Third Report - Permitted Development Ri…

Local councils should be able to protect certain areas from permitted developments rights where they...

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 …

Government response. The Commercial, Business and Service use class (E) has, since 1 September 2020, supported the diversification of our high streets, enabling premises to move to wider range of commercial and leisure uses without the need for a planning application. Building …
Ministry of Housing, Communities and Local Government
7 Recommendation Third Report - Permitted Development Ri…

The Government should clarify why it considers it necessary to amend paragraph 53 of the...

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 …

Government response. The Commercial, Business and Service use class (E) has, since 1 September 2020, supported the diversification of our high streets, enabling premises to move to wider range of commercial and leisure uses without the need for a planning application. Building …
Ministry of Housing, Communities and Local Government
8 Recommendation Third Report - Permitted Development Ri…

We broadly welcome the new use class E, as we can see the advantages of...

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 …

Government response. We want our town centers and high streets to be thriving, vibrant hubs where people live, shop, use services, and spend their leisure time. The National Planning Policy Framework makes clear that planning policies should support the vitality and viability …
Ministry of Housing, Communities and Local Government
9 Conclusion Third Report - Permitted Development Ri…

We support the Government’s aim of revitalising our high streets and town centres, but we...

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 …

Government response. The 2020 Supporting housing delivery and public service infrastructure1 consultation document set the proposed right in the broader context of changes to the high street: changing consumer behavior, including the move to online shopping and structural changes that has led …
Ministry of Housing, Communities and Local Government
10 Recommendation Third Report - Permitted Development Ri…

The Government should either extend the vacancy period or devise a test that can be...

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 …

Government response. The 2020 Supporting housing delivery and public service infrastructure1 consultation document set the proposed right in the broader context of changes to the high street: changing consumer behavior, including the move to online shopping and structural changes that has led …
Ministry of Housing, Communities and Local Government
11 Conclusion Third Report - Permitted Development Ri…

When compared to the overall number of new homes being delivered, it appears that permitted...

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 …

Government response. We believe that permitted development rights can continue to play an important role in the planning system alongside our wider planning changes. They can be an important delivery tool for housing, renewable energy and supporting High Streets. More broadly, permitted …
Ministry of Housing, Communities and Local Government
12 Recommendation Third Report - Permitted Development Ri…

As already recommended, the Government should pause any further extensions of permitted development, including the...

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 …

Government response. Our wider objectives are to make the planning system work better for communities, delivering more homes through sustainable development, building pride in place and supporting levelling up. Good design and placemaking, delivering more homes in the right places with the …
Ministry of Housing, Communities and Local Government
13 Conclusion Third Report - Permitted Development Ri…

Housing delivered under permitted development can have as great an impact on local infrastructure and...

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 …

Government response. The Levelling Up and Regeneration Bill sets out the framework for the new Infrastructure Levy. The non-negotiable and locally set Infrastructure Levy will give greater say to local councils on what their infrastructure priorities are and transparency to local people …
Ministry of Housing, Communities and Local Government
14 Recommendation Third Report - Permitted Development Ri…

Whatever the Government’s long-term plans for permitted development and the Infrastructure Levy, we recommend it...

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 …

Government response. The Levelling Up and Regeneration Bill sets out the framework for the new Infrastructure Levy. The non-negotiable and locally set Infrastructure Levy will give greater say to local councils on what their infrastructure priorities are and transparency to local people …
Ministry of Housing, Communities and Local Government

Oral evidence sessions

3 sessions
Date Witnesses
16 Jun 2021 Rt Hon Christopher Pincher MP · Ministry of Housing, Communities and Local Government, Simon Gallagher · Ministry of Housing, Communities and Local Government View ↗
7 Jun 2021 Ben Southwood · Policy Exchange, Dr Ben Clifford · Bartlett School of Planning, University College London, John Myers · YIMBY Alliance, Matthew Davis · Institute of Place Management, Ojay McDonald · Association of Town and City Management, Sarah Bevan · London First View ↗
17 May 2021 Cllr Rachel Blake · Local Government Association, Ian Fletcher · British Property Federation, James Wickham · London Property Alliance, John Bibby · Shelter, Mark Tufnell · Country Land and Business Association (CLA), Mark Worringham · Reading Council View ↗

Correspondence

4 letters
DateDirectionTitle
27 Jun 2023 To cttee Letter from the Chair to the Minister of State for Housing and Planning dated 2…
28 Feb 2023 To cttee Letter from the Chair to the Secretary of State dated 27 February 2023 concerni…
26 Apr 2022 To cttee Letter from the Minister for Housing to the Chair dated 19 April 2022 concernin…
6 Jul 2021 To cttee Letter from the Minister for Housing to the Chair dated 30 June 2021 concerning…