Recommendation 3

HM Government Acknowledged

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 development rights help to support local authorities, statutory undertakers, and other bodies in the discharge of certain of their duties and reduce bureaucratic burdens by removing the need for planning applications in more cases. This reduces the burden on local planning authorities which in turn allows resources to be focused on other applications such as for larger housing developments or strategic planning matters. Permitted development rights have increasingly played a significant role in supporting our housing ambitions. Such rights make the best use of existing buildings, supporting brownfield development, and reducing pressures to build on greenfield sites. They also benefit SME builders who make a valuable contribution to housing delivery. The rights provide a more streamlined planning process with greater planning certainty, while at the same time allowing for local consideration of key planning matters through the prior approval process. We have responded positively to the concerns that, while the majority of homes that are being delivered are of good quality, a few have been unacceptably small or without windows. The Government has therefore introduced new quality requirements bringing forward legislation to require that all new homes delivered under permitted development rights meet the nationally described space standards and provide for adequate natural light in all habitable rooms. All homes are also required to meet building regulations, including in respect of fire safety, regardless of the route to planning permission. The permitted development right for the change of use from Commercial, Business and Service to residential use (Class MA) is helping to support housing delivery, diversify our high streets and support the wider economy. We accept that this permitted development right has potential to deliver significant change and that this caused concern among Committee members. It is our view however that the structural changes in our town centers required effective action to bring about change. Take-up of the right to date, with over 1,160 applications in the period from October 2021 to December 2022, demonstrates the level of interest in the flexibility the right provides. The number of homes delivered under permitted development rights for the change of use increased from 9,990 in 2020/21 to 10,303 in 2021/22. We continue to keep permitted development rights under review, including to look at where new or amended rights could support key government agendas. The Committee will know that we have recently consulted on new and amended permitted development rights. This includes: changes to existing permitted development rights that allow for the installation of solar equipment to meet the commitment in the British Energy Security Strategy; changes to the existing permitted development right allowing for the temporary use of buildings or land for film-making purposes; amend the existing permitted development right allowing local authorities to undertake certain development to allow bodies to undertake the work on behalf of the local authority; and a new permitted development right to support temporary recreational campsites. Any new permitted development rights, or amendments to existing rights, would, as usual, be subject to careful consideration including the matters for prior approval and how they can support our wider reform agenda. Good design and placemaking that reflects community preferences is a key objective for the planning system. Through the Levelling Up and Regeneration Bill, we will require every local planning authority to produce an authority wide local design code.