I have received this update from the Government:
I am writing to let you know that the government has now
implemented the planning measures announced by the Prime Minister in his speech
on 30 June to drive our economic recovery and get Britain building again. These
measures will support the recovery and revitalisation of our high streets as we
recover from Covid-19, bring new planning freedoms to boost housing supply and
support the gentle densification of our towns and cities.
Introduction of space standards for homes created
through permitted development rights
I am pleased to confirm that I will be bringing forward
secondary legislation in due course to introduce the requirement for all homes
delivered through permitted development rights to meet the nationally described
space standards.
The vast majority of homes built through permitted
development rights are no different in terms of quality to those that come
through planning applications and more than 60,000 homes have been delivered as
a result of these policies. However, there are a very small number of
developers who have abused these rights to build homes which are below standard
and are not suitable for people to live in.
The actions of these developers must not be allowed to
diminish confidence in these rights, which are crucial tools for regenerating
brownfield land across the country, giving people greater flexibility to extend
their homes and building the homes this country needs. We will put an end to
this behaviour through a new requirement that all homes through permitted development
rights meet space standards.
I have already introduced requirements that all homes
built through permitted development rights have adequate light and introduced
new prior approvals to ensure new homes don’t have significant adverse impacts
on neighbours. The introduction of space standards will now mean permitted
development rights can no longer be seen as a route to undercut housing
standards. Our vision is of a simpler, faster, more certain planning system,
but one that delivers highest quality homes.
Developers will still be able to bring forward innovative
proposals which could include smaller homes below the space standard, such as
pocket living. However, these will have to go through a full planning
application and it will be for local authorities to check the proposals are
appropriate for their setting.
Supporting the High Street and Changes of Use
High streets and town centres are undergoing the greatest
period of change in the modern era. They must now provide a much wider range of
facilities and services and adapt to accommodate new and emerging uses. We need
to support this diversification to ensure these areas remain viable economic
centres for our communities, both now and in the future.
To drive this diversification and support our town
centres to recover from the pandemic, we have reformed the use classes order to
create a new broad category of “Commercial, Business and Service”. This new
Class encompasses a wide range of uses and will provide businesses with greater
freedom to adapt to changing circumstances, without the uncertainty and expense
of a planning application. To support greater innovation, it will also allow
businesses to have mixed uses to reflect changing retail and business models.
These changes will support the needs of local communities by enabling new
services and businesses to start up in accessible locations, bringing customers
and vitality to our town centres.
We are also introducing a new class “Community and
Learning” to ensure our community facilities are protected. This new class –
which includes isolated shops, schools and community halls – will protect
important community assets by requiring a full planning application for any
changes in their use. The residential use classes will remain the same,
differentiating between homes, hotels, residential institutions and Homes in
Multiple Occupation.
In undertaking this reform, we recognise that there are
certain uses which give rise to important local considerations, for example,
the importance of protecting local pubs, live music performance venues and
theatres and preventing the proliferation of hot food takeaways and betting
shops. It will remain the case that changes to and from these uses will still be
subject to full consideration through the planning application process. The new
Use Classes came into effect on 1st September 2020. Transitional arrangements
are in place until 31st July 2021 to ensure a smooth transfer to the new
framework which will set out new permitted development rights to support
greater housing supply in our town centres.
Building Upwards
We need to support our building industry, create jobs for
construction workers, and make the most of brownfield land to deliver more
homes for our communities. On 24 June, we introduced a new permitted
development right to allow the upward extension of free-standing blocks of
flats to create new homes. To further support housing supply, we have also
introduced a permitted development right to allow upwards extensions of
buildings, to provide new homes and enable homeowners to extend their homes as
their families grow. These rights apply to building constructed between 1948
and 2018. This new right came into effect on 31 August 2020 and means that owners
of commercial and residential buildings will now be allowed to construct up to
2 additional storeys to make the best use of our low-density locations. This
right will able homeowners to extend their homes while protecting garden space
and avoiding the disruption of basement extensions.
The new right grants planning permission, providing
greater certainty to developers and homeowners and subject to the existing fast
track approval process known as “prior approval”, where a local planning
authority must consider specified matters first and they must notify owners and
occupiers of the building being extended and adjoining premises can comment,
and then the local council will consider representations made on those
specified matters for prior approval.
As part of this, there will be a requirement for local
planning authorities to assess the impact on neighbours in respect of
overlooking, privacy and the loss of light. They can also consider the
appearance of the proposed upwards extension. Developer must also secure
approval regarding the adequate provision of natural light in habitable rooms
and prepare a report on construction management to show how noise, dust and
other disruption will be managed. The development will be subject to building
regulations and fire safety rules, and additional development may bring older
parts of the building into new building standards.
We recognise that development in certain locations
requires individual consideration and therefore the right does not apply, for
example, in national parks and conservation areas or to listed buildings.
Regeneration of Vacant and Redundant Buildings
It is vital that we make the most of our brownfield land
and underused buildings to enable our towns to grow in a sustainable way,
provide the housing people need and support economic the economic recovery from
Covid-19. We have therefore introduced an ambitious new permitted development
right to encourage regeneration and bring empty buildings back to good use.
The right will allow redundant commercial and residential
buildings to be demolished and rebuilt for residential purposes within the
footprint of the existing building. This will serve to bring forward additional
much needed homes and boost investment opportunities for the construction
industry. This new right came into effect on 31 August 2020 and will apply to
buildings built before 1990, where the building has been vacant for a period of
at least 6 months.
To mitigate any adverse local impacts, we will require
developers to submit their designs and landscaping plans to the local authority
for approval. All new homes must have adequate natural light and the impacts on
the surrounding area must also be considered. In addition, the local authority
is required to consider highways matters, risk of flooding, and the impact on
neighbouring buildings in respect of privacy and light. The local authority can
also consider methods of demolition including any heritage issues such as the need
for an archaeological assessment in sites of historical interest. The authority
can approve the plans, reject them on the grounds above or could ask for
further information. The development will be subject to building regulations,
including in respect of fire safety.
Again, as development in certain locations requires
individual consideration the right does not apply, for example, in national
parks and conservation areas or to listed buildings.
I have attached fact sheets which set out the key details
of these reforms, which are also published on GOV.UK. The government has also
updated the Planning Practice Guidance used by local authorities, homeowners
and developer to include helpful questions and answers on specific topics
related to these new rights. This is also available on GOV.UK under the heading
“When is planning permission required?”. I am determined that we do everything
we can to build more homes, support town and city centres, and protect jobs.
These measures will do all three. I
hope you will welcome them and ensure your constituents
are aware of them.
RT HON ROBERT JENRICK MP