The Government indicates its intention to proceed with the proposed new PD rights for A1, A2, B1, C1, C2, C2A, D2, and agricultural properties …

Nick Boles MP (Planning Minister) has made the following written statement to Parliament, the second part of which relates to the proposed new PD rights for A1, A2, B1, C1, C2, C2A, D2, and agricultural properties:

  • March 2014: Written statement by Nick Boles MP to Parliament (link).

Summary of the above written statement:

  • The above written statement indicates that the government intends to proceed with all of the classes of new PD rights that were proposed by the public consultation titled "Greater flexibilities for change of use", which ran from 06/08/2013 to 15/10/2013.  For reference, these classes of new PD rights are described by this previous post, and are summarised as follows:
    - A1 or A2 to C3.
    - A1 to banks and building societies.
    - Agricultural buildings to C3.
    - B1, C1, C2, C2A, or D2 to nurseries.
    - Agricultural buildings to state-funded schools or nurseries.
  • It's important to note that the above written statement indicates that the proposed new PD rights for a change of use from agricultural buildings to C3 would not apply on article 1(5) land, which is a significant difference from what was proposed by the consultation document.  It should also be noted that the above written statement indicates that up to 450m2 of agricultural buildings per farm will be able to change to C3, which appears to be on the basis that the 150m2 figure stated by the consultation document would apply separately to each of the (up to) 3 new houses per site.
  • It should also be noted that the above written statement indicates that, for certain aspects of a prior approval application for a change of use from A1 or A2 to C3, the burden of proof will be on the local authority, rather than on the applicant.  For example, the above written statement states that "The onus will be on the local planning authority to establish that the proposal would have a detrimental impact on the sustainability of a key shopping area or on local services should they wish to refuse the conversion".  The above written statement also states that "Local planning authorities will need to have robust evidence base to justify any decision not to permit change of use using these prior approval tests".
  • Because the above written statement contains relatively few details, it's difficult to know at this stage whether there would be any other differences between what would be set out by final version of the legislation versus what was proposed by the consultation document.
  • At present there is no draft legislation relating to the proposed new PD rights on the government website (link).  Furthermore, at present the results of the public consultation that ran from 06/08/2013 to 15/10/2013 are not available on the government website (link).
  • Note: The first part of the above written statement relates to the launch of the "Planning Practice Guidance" website, which is summarised by this post.

Updates to the Planning Jungle website: