After the controversial consultation at the end of last year, the Government have now brought forward new legislation for new permitted development rights to enable the conversion of all uses falling in Class E to residential. The law comes into force on 1st August 2021.
The introduction of Class E last summer was the most radical change to the planning system to date but the Government have almost super charged this, by now going even further and enabling commercial buildings in Class E to become residential through permitted development. As a reminder Class E is a general “commercial, business and service” use class covering retail, food, financial services, gyms, healthcare, nurseries, offices and light industry and movement between these uses no longer require planning permission.
The introduction of these latest permitted development rights is aimed at giving greater flexibility to bring unused commercial buildings back into use. These are announced along with a package of measures to help support the nation’s high streets including longer operating hours and more flexible delivery times for retailers.
The permitted development rights have been toned down since the consultation last year, with various conditions restricting its applicability (outlined below), in particular a limit on the quantum of floorspace which is permitted to 1,500 sqm automatically ruling out many buildings. However, they are still powerful and have the ability to transform our high streets but is this for better or worse?
The role and function of high streets across the country has been changing for some time however, the coronavirus pandemic has acutely affected this. Over the last year we have seen significant numbers of retailers closing down and going into administration. In many cases the brands are moving to an online format, therefore physical stores are no longer required. As a result many high streets across the country are blighted by vacant commercial units with no immediate prospect of these coming back into use.
In order to help the high streets survive or come back to life the Government’s intent is to provide as much flexibility and diversity as possible to enable the high street to adapt and thrive for the future. The Government also believe that the proposals will deliver much needed homes and bring people back into town centres to live and work. However, it is perhaps counter-intuitive to allow for shops and other commercial uses in town centres to be turned into residential, creating dead frontages and harming the vitality of these streets.
Despite some controls over residential quality it is questionable that the resulting dwellings will be of a good quality. As with all these things I think we will see some really good examples and some really poor ones and such consequences may dramatically outweigh the benefits to high streets and to housing supply. In these regards, not only does this proposal go against national planning policy it also takes away the control from local planning authorities to plan for the rejuvenation of their town centres.
Nonetheless, permitted development can be a useful tool, as we have seen with Class O (office to residential). It can at least stimulate development with the permitted development option being relied upon as a fall-back to enable more planned regeneration.
Unfortunately, the full impact of the pandemic on our high streets is yet to be seen and whilst the Government is under pressure to support and help landlords and businesses it feels too premature to introduce these powers which could fundamentally change the character and function of our town centres for better and for worse.
On a positive note, greater flexibility to enable the market to determine what uses should go where shouldn’t be criticised and the changes to the planning system this year are making steps towards bringing policy into the 21st century and reflective of the challenges businesses are facing.
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