Out-Law News 2 min. read
04 Jul 2012, 4:45 pm
An alternative proposed in the consultation had been to remove the need for planning permission altogether and include the change of use in permitted development Orders.
The Government clarified its decision in a response to a consultation in run in April on the relaxation of planning rules for the change of use from commercial to residential. Responses to the consultation were published on Tuesday.
"We have given very careful consideration to all the points which were raised and have decided to take the following actions," the Government said in its response to the consultation, which "includes a new policy in the NPPF to be read in the wider context of the Framework document."
The policy contained in the NPPF promotes the approval of planning applications that request permission to convert commercial buildings to residential uses where there is "an identified need for housing" in the area.
"[Local planning authorities] should normally approve planning applications for change to residential use and any associated development from commercial buildings where there is an identified need for additional housing in that area, provided that there are not strong economic reasons why such development would be inappropriate," the consultation report said.
"We believe that a strong, national planning policy will achieve the Government's aims of delivering more housing and encouraging the reuse of empty buildings while giving local authorities and their communities the opportunity to influence development in their area and take account of local circumstances," the Government said.
"We will keep the impact of this policy under review to ensure that it is effective," it said.
In its response to the consultation, the Government also said it would make amendments to what constitutes 'general permitted development'.
The Government said it plans to amend the Town and Country Planning (General Permitted Development) Order 1995 to extend existing permitted development rights which allow the space above shops and other town centre uses to be converted into a single flat without the need to submit a planning application, to allow for two flats. "Making it easier for the space above shops and other town centre uses to convert to residential will increase the supply of housing and gives clear encouragement to owners to look carefully at the potential offered by their properties," the Government said in its response.
"Helping more people to live in the town centres will contribute to wider regeneration, reduced commuting and ensuring town centres remain vibrant places. Our aim is to introduce these legislative changes in October 2012," it said.
The original consultation in April was held to establish potential solutions to help address the "urgent need for housing in England, promoting the regeneration of underused commercial buildings and bringing empty buildings back into productive use", the Government said in its response.
Editor's note 5/7/12: this story was corrected. It previously stated that the changes reported here were newly announced. The Department for Communities and Local Government has pointed out that though these changes are already being enacted. We are happy to correct the error.