DCLG publishes the “government response to consultation” (for the 2014 consultation) with respect to the GPDO and the Use Classes Order …

[NOTE: For the (previously published) legislation relating to this consultation, please view this post, this post, this post, this post, this post, and this post].

DCLG has published the following government response to the "Technical consultation on planning" (which ran for 8 weeks from 31/07/2014 until 26/09/2014):

  • May 2016: Reducing planning regulations to support housing, high streets and growth - Government response to the consultation (pdf) (link).

The above "response" document covers the parts of the 2014 consultation that related to the GPDO and the Use Classes Order. However, as the above "response" document has been published more than 1 1/2 years after the end of the consultation, most of the "proposals" have already been implemented on 15/04/2015 (i.e. via the GPDO 2015 and SI 2015 No. 597) and on 06/04/2016 (i.e. via SI 2016 No. 332). As such, the main conclusions of the above "response" document are not summarised on the Planning Jungle website, because the actual resulting legislation has already been summarised within the following previous posts:

  • GPDO 2015: For a summary of the amendments to Part 1 of the GPDO, please view this post.
  • GPDO 2015: For a summary of the amendments to Parts 3 and 4 of the GPDO, please view this post.
  • GPDO 2015: For a summary of the amendments to Parts 2 and 5-19 of the GPDO, please view this post.
  • SI 2015 No. 597: For a summary of the amendments to the Use Classes Order, please view this post.
  • SI 2016 No. 332: For a summary of the amendments to Part 1 of the GPDO, please view this post.
  • SI 2016 No. 332: For a summary of the amendments to Other Parts of the GPDO, please view this post.

[Note: For a summary of the "consultation" document - i.e. the "Technical consultation on planning" document - please view this post].

Additional information provided by the above "response" document:

  • Part 3 Class O (i.e. office-to-residential conversions): Although the 2014 consultation didn't refer to demolition (or similar), a subsequent government press release (link) in October 2015 proposed to allow the "demolition of offices and new build as residential use". In relation to this, page 9 of the above "response" document states the following:
    - "The Government announced that the right will also allow for the demolition of offices and replacement as residential use on a like-for-like basis. This element will be brought forward to a separate timetable.".
  • Use Classes Order: The 2014 consultation proposed the transfer of all "financial and professional services" - other than "betting shops" and "pay day loan shops" - from Use Class A2 to Use Class A1 (along with amendments to the GPDO). Instead, "betting office[s]" and "pay day loan shops[s]" were transferred from Use Class A2 to sui generis (albeit that either of these approaches would have had a similar overall effect). In relation to this, page 11 of the above "response" document states the following:
    - "The Government has considered the views expressed over the proposal to merge the shops (A1) and financial and professional (A2) use classes, and has decided the desired flexibility should instead be secured through a new permitted development right to allow change of use from shops (A1) to financial and professional services (A2). This compliments the existing right allowing the change of use from A2 to A1. This retains the flexibility to protect areas at the local level by bringing forward an Article 4 direction where communities consider it is desirable.".
  • Mezzanine floors: The 2014 consultation proposed to increase the amount by which (most) retail properties can increase their floor space via a mezzanine floor without requiring planning permission. For reference, the current limit (200m2) is set out by article 44 of the DMPO 2015. In relation to this, page 14 of the above "response" document states the following:
    - "The Government is working to support the high street and town centres. It considers this measure is unlikely to contribute further to this objective given the scope of the existing provision.".
  • Maximum parking standards: The 2014 consultation asked for views on whether "parking policy should be strengthened to tackle on-street parking problems by restricting powers to set maximum parking standards". In relation to this, page 14 of the above "response" document states the following:
    - "Having considered all the responses, in March 2015 the Government issued a Written Ministerial Statement [link] which makes clear that local planning authorities should impose local parking standards only where there is clear and compelling justification that it is necessary to manage their local road network.".
  • Further amendments to PD rights: The 2014 consultation asked respondents whether they had "any other comments or suggestions for extending permitted development rights". In relation to this, page 17 of the above "response" document states the following:
    - "Question 2.22 sought comments and suggestions for extending permitted development rights, continuing the Government’s drive to deregulate the planning system. Responses acknowledged the broad range of the proposals in the consultation and suggested that the operation of permitted development be kept under review to monitor the impact and whether there is potential for upward revision of thresholds.".
  • Fees for prior approval applications: At present, for Part 3 of the GPDO, there's a fee of £80 for a prior approval application that relates to only a change of use, and a fee of £172 for a prior approval application that relates to a change of use and building operations. The 2014 consultation proposed that "Where a prior approval is required to carry out physical development we intend to introduce a fee of £80, including for the erection of a structure in a retail car park or the installation of solar panels on a non-domestic building". In relation to this, page 19 of the above "response" document states the following:
    - "The Government continues to support planning simplification and the creation of permitted development rights where this is appropriate, including those subject to a prior approval. This allows the appropriate and proportionate consideration of new developments. It is proposed that a fee will be introduced for prior approval applications for physical development, for example in respect of the new right for filming, the erection of structures in a retail car park, and the installation of solar panels on non-domestic buildings.".

Comments by the Planning Jungle website:

  • Page 5 of the above "response" document notes that the legislation was brought into force in April 2015 and April 2016, and states that "This report has been published to coincide with this second tranche of changes". However, in my opinion, such an approach is inconsistent with the fact that for every other part of the 2014 consultation the government response was published before the legislation came into force.
  • Page 5 of the above "response" document states that there were "943 responses" to this part of the consultation. However, the above "response" document provides no breakdown of the number (of percentage) of responses that supported versus opposed any of the proposals, including any of the new (or amended) PD rights. For example, question 2.1 asked respondents whether they agree that there should be new PD rights to allow a change of use from B1(c) or B8 to C3. However, when summarising the responses to this question, the above "response" document simply states that there was "some support" for these new PD rights. For reference, the phrase "some support" is used for questions 2.1 / 2.3 / 2.5 / 2.7 / 2.11 / 2.12 / 2.19 / 2.20, the phrase "support" is used for question 2.14, the phrase "strong support" is used for question 2.18, and the phrase "considerable support" is used for questions 2.13 / 2.17 / 2.21.
  • UPDATE ON 31/07/2016: For information about a subsequent document that shows the percentage (and number) of responses that supported versus opposed each of the above proposals, please view this post.