Savills : Supporting Housing Delivery and Public Service Infrastructure – Consultation December 2020

Intended to deliver new housing in sustainable, town centre locations while reusing redundant retail and commercial space, this permitted development right will be subject to prior approval of the local planning authority. It is interesting to read the breadth of the proposed rights, including that they are proposed to apply in conservation areas and do not propose a size limit on buildings which can benefit. Flood risk, highways impact, contamination and amenity of future residents (including natural light, noise and fire safety) will be considered.

Further to the National Infrastructure Strategy published last week, additional permitted development rights are also proposed for schools, colleges, universities, prisons and hospitals to enable a timely response to infrastructure requirements arising out of circumstances such as the coronavirus pandemic. Where permitted development rights could not be utilised, a faster planning application process for public service developments is proposed.

The introduction of Use Classes E, F.1 and F.2 in September this year created complications in the application of existing permitted development rights associated with the use classes superseded by classes E and F. (hyper link: - https://www.savills.co.uk/insight-and-opinion/savills-news/302794/a-new-commercial-use-class---the-government-shows-its-flexible-side) These were provisionally extended until July 2021, and this consultation proposes a simplification of these permitted development rights in order to provide clarity. A High Court challenge to the introduction of these rights was recently successfully defended by the Government, and the changes proposed in this consultation consolidate changes from earlier in the year. (hyper link https://www.savills.co.uk/insight-and-opinion/savills-news/308033/high-court-decision--new-permitted-development-rights-and-use-class-changes-to-remain )

Savills will be submitting representations to the consultation and continuing to work closely with MHCLG and clients providing advice regarding these and other recent planning changes; comments are welcome until the 28^th January 2021.