13 November 2020

Planning Reforms: True revolution or plus ça change…?

Podcast host, Miri Stickland, is joined by Head of Planning, Partner Victoria Du Croz, and senior associate, Laura Parrish, to discuss the impact of recent changes to the Use Classes Order and Permitted Development Rights as well as further planning reforms which are still to come.

“Some clients are really happy with the increased flexibility the new Use Class E offers in terms of how they can use their space. Other landlord clients have been concerned that tenants are able to change the use of their properties without the need for formal planning permission or prior approval from the planning authority. For example, there is now far less control over change of use from retail to restaurant use, which we anticipate could lead to a rise in nuisance claims.”

“One of the key industry concerns in respect of the new Permitted Development Rights is that it will allow housing to be brought forward without mitigation of the impact of the change of use of those buildings. Local Authorities will be very limited in respect of the conditions that they can require, in particular in terms of not being able to impose affordable housing quotas, section 106 or CIL payments.”

In this episode we were joined by:

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Judicial Review challenge to the recent permitted development right and use class changes dismissed by the High Court

On 17 November 2020, Lord Justice Lewis and Mr Justice Holgate dismissed the Judicial Review challenge to the government’s recent changes to permitted development rights and use classes on all grounds.

Real estate graphic - modern office building

Changes to the Use Classes Order in England

The Town and Country Planning (Use Classes) (Amendment) (England) Regulations 2020 (SI 2020 No.757) were introduced by the government on 20 July, and take effect on 1 September 2020. The new Regulations make radical changes to the 1987 Use Classes Order. These changes sit alongside the recent additions to permitted development rights, forming part of the government’s “Project Speed”, with the aim being to support the high street revival and allow greater flexibility to change uses within town centres without the need for express planning permission.

Planning graphic - blueprints

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