Agenda item

GOVERNMENT PROPOSALS TO CHANGE THE PLANNING SYSTEM

To receive a verbal update on the Government’s proposals to change the Planning System.

Minutes:

Councillor Vincent, Cabinet Member for Environment and Paul Barnard, Assistant Director for Planning gave a verbal update on the government proposals to change the planning system. Members were informed that –

 

(a)

the Government announced changes to permitted development rights on 6 September 2012 and have subsequently released a consultation document on the proposed changes to extending permitted development right for homeowners and businesses;

 

 

(b)

the Government had proposed action on five key areas, all in non-protected areas and for a period of three years, unless otherwise stated, the proposals included –

 

 

 

·    

to increase the size limits for the depth of single-storey domestic extensions from 4m to 8m (for detached houses) and from 3m to 6m (all other houses);

 

 

·    

to increase the size limits for extensions to shop and professional services establishments;

 

 

·    

to increase the size limits for extensions to offices;

 

 

·    

to increase the size limits for new industrial buildings;

 

 

·    

to remove some prior approval requirements for the installation of broadband infrastructure for a period of five years;

 

(c)

the Government were also keen to explore whether there was scope to use permitted development rights to make it easier to carry out garage conversions;

 

 

(d)

other changes to permitted development rights that were being amended separately included converting commercial properties to residential use.

 

 

In response to members questions it was reported that –

 

(e)

the consultation was scheduled to end on 24 December 2012 and the Government had indicated that the proposals if implemented would be taken forward quickly after the consultation period ends;

 

(f)

commercial properties could be converted to residential use, but this was subject to the building not requiring any exterior alterations;

 

(g)

permitted development rights only covered aspects relating to the need for planning permission and did not reduce the requirements (according to the Government) on developers under any other regulatory regimes, including building regulations;

 

(h)

other legislation proposed had further impacts on the planning department and democratic processes such as the changes to the modification or discharge of affordable housing requirements secured through Section 106 agreements, as proposed as part of the Growth and Infrastructure Bill;

 

(i)

the Cabinet, at a meeting on 11 September 2012 following the announcement of Government proposals to change permitted development rights, requested that the Planning Committee look at the Government proposals when published in greater detail, consider its implications for the City and report back to Cabinet on options.

 

Members commented that –

 

(j)

they were concerned with buildings being converted from commercial properties into residential use as it was felt that this could have serious unintended consequences on the economic productivity of some local areas;

 

(k)

the proposals contained in the Growth and Infrastructure Bill in relation to affordable housing provision was a major concern and a serious city-wide issue.

 

Members recommended that the Overview and Scrutiny Panel recommend that the Customer and Communities Overview and Scrutiny Panel review the impact of Clause 5, modification or discharge of affordable housing requirements secured through Section 106 agreements, in the Growth and Infrastructure Bill, to determine the impact this clause may have on local communities as a result of applicants applying to the local authority for modifications to or the removal of agreed S106 agreements with respect to affordable housing. Where an authority fails to make a determination within the specified time or determines that no modification will be made, the applicant may appeal to the Planning Inspectorate.

 

Agreed that a request is made to the Planning Committee asking for the draft response to the Government consultation paper to be shared with members of the Growth and Prosperity Overview and Scrutiny Panel, who would then identify any comments or concerns they had by responding directly to Paul Barnard for consideration in the final consultation response prior to its submission to Government.