The government is refusing to back down on its stance to extend Permitted Development Rights, despite clear opposition.
In its recent consultation, the proposed policy failed to garner a majority who were in favour of the changes, however it seems that the proposed extension to Permitted Development Rights, which will allow commercial premises on high streets to be converted into new homes, is likely to go ahead.
RIBA President, Ben Derbyshire, said: “We now have confirmation that the government is pressing ahead with its plans to extend permitted development rights despite the clear lack of support for the policy in the consultation. The fact that the government continues to consider plans to allow commercial buildings to be demolished and replaced with sub-standard homes – when less than a third of respondents consider this to be feasible – is both outrageous and baffling.
“We firmly stand by the point that quantity cannot be achieved at the expense of quality. The government must stop digging its heels in and wake up to the clear, damaging effects of permitted development rights.”
In its Autumn Budget 2017, the government committed to consulting on a permitted development right that could allow the demolition of commercial buildings and replacement build as residential use.
The consultation invited comments on how such a right could be scoped and designed to ensure that it could operate effectively to bring sites forward for redevelopment. Comments were also sought on how prior approval, with an appropriate fee, could mitigate the impacts of development on the local area, and how developer contributions expected towards affordable housing and other infrastructure could be secured.
Less than a third of the 253 responses to supported a permitted development right for the redevelopment of commercial sites, including demolition and replacement build as residential.
Generally, it was considered that such a right would go beyond what is capable of or appropriate to be delivered through a national permitted development right and that it would require extensive prior approval considerations.
There were questions about whether it might have an adverse impact on the supply of commercial uses. The extent of matters that would be required for prior approval is seen as an indication that the redevelopment of such sites should be considered through an application for planning permission considered against local and national policy.
There was interest in how redevelopment as mixed commercial and residential use to support high street regeneration could be encouraged, how the proposal fitted with brownfield registers, and a view that it may result in better quality development than change of use.
There was agreement that the prior approval considerations set out in the consultation would be necessary, and other matters that would be important in framing the right would be the supply of affordable commercial premises, the quality of the homes to be developed, the provision of open space and play areas and securing developer contributions.
In response, the government said, “We intend to continue to consider the design of a permitted development right to allow commercial buildings to be demolished and replaced with homes, in the light of the views received to the consultation.”
Within the consultation, the government also asked a number of questions regarding the role building upwards can play in delivering new homes by using the airspace above existing buildings. Reflecting national planning policy it invited views on options for a permitted development right that would go further to support the creation of new homes.
More than half of those who responded to the consultation did not consider that upwards extensions should be delivered through a permitted development right. Concerns were raised that communities and local planning authorities would have no say over how and where a permitted development right might be applied; the quality of homes delivered by building up; how access and safety would be addressed; and the impact on the existing occupiers and neighbours of the premises being extended. The introduction of a permitted development right to build upwards may mean existing telecommunications infrastructure would be moved or removed and increase the value of rooftops, increasing the cost of future mobile infrastructure.
Support for a permitted development right recognised that increasing density may relieve pressure for additional housing sites, allow for additional homes
to be created by transport hubs and in town centres, and reduce the need for development in the green belt. There were also suggestions that local development
orders may be a more suitable approach to achieve well designed upwards extensions in appropriate locations.
The Government asked a number of more technical questions about:
• Overall height limits;
• Addressing the impact where the ground is not level;
• The number of additional storeys permitted;
• Other types of premises suitable to extend upwards;
• Whether the local authority should be allowed to consider the extend of the works proposed;
• Upward extensions for the enlargement of an existing home.
The responses to these questions were mixed. Suggestions for other planning matters that should be included in any prior approval application for the new permitted development right included the need for infrastructure including affordable housing, air quality, water and drainage, mobile connectivity and the location of existing telecommunications equipment, transport and parking, access to education and health facilities, recreation and play space, construction safety and management, the provision of green infrastructure, the size and quality of the homes proposed, as well as any potential impact on the vitality or viability of a shopping area.
In its response the Government has welcomed the range and detail of responses to their questions on the introduction of a permitted development right for upward extensions of existing buildings to create new homes. Its intention is to bring forward a permitted development right but wants that right to respect the design of the existing streetscape, while ensuring the amenity of existing neighbours is considered. However, the Government recognises the complexity of designing a permitted development right to build upwards and will continue to engage with interested parties on technical details.
