Out-Law News 1 min. read
24 Mar 2016, 2:39 pm
The order (12-page / 81 KB PDF) replaces the existing deadline of 31 May 2016 for using the permitted development (PD) right with a requirement that conversions of offices to homes "must be completed within a period of three years starting with the prior approval date".
Housing and planning minister Brandon Lewis said in October that the permanent PD right would allow offices to be demolished and replaced with new residential buildings. However, the order does not allow for demolition, meaning that any external alterations to office buildings will still require planning permission.
The existing exemption of certain areas from the PD right will be extended until 30 May 2019, to give councils in those areas time to put 'Article 4 directions' in place to protect their offices from conversion to homes.
The order adds the "impact of noise from commercial premises on the intended occupiers of the development" to the list of matters which local councils must consider before giving prior approval under the PD right.
From October 2017 until the end of September 2020, a new temporary PD right introduced by the order will allow light industrial buildings to be converted into homes using the prior approval process. The order also makes clear that launderettes can be converted to homes without applying for planning permission.
Planning expert Beth Grant of Pinsent Masons, the law firm behind Out-Law.com, said: "The introduction of the temporary PD right for office to residential conversions back in 2013 was met by mixed reviews. Some welcomed the opportunity to address the housing crisis through the use of previously developed sites. Whilst others, including a number of local authorities, voiced concerns regarding potential impacts on employment opportunities, amenity issues and the inability to seek affordable housing contributions for conversions."
"Whilst the new rights contain specific provision to protect the amenity of incoming residents in relation to noise, nothing has been done to address concerns regarding other amenity issues such as compliance with minimum space standards," said Grant. "Furthermore the issues regarding employment opportunity and affordable housing contributions still stand."
"With regard to the ability of local authorities to implement Article 4 directions, this is viewed by many as a 'cumbersome tool' which is not appropriate in all circumstances. Whilst the rights have been made permanent, the text of the amendment makes it clear that they will be subject to review, the first of which is scheduled to take place before 2021. It will be interesting to see what the level of uptake of the conversion rights is during this period and whether the above concerns are found to be justified," Grant said.