Decision details

In March 2020, the Government announced amendments being made to national planning legislation to introduce a new permitted development right, Class MA, to allow the conversion of commercial premises (including retail shops) into residential without the need for a planning application or any public consultation.  Despite requests from Local Planning Authorities (including Buckinghamshire Council) to delay the implementation of this new legislation, Class MA came into effect on 1 August 2021.

Cabinet received a report that sought agreement for the Council to pursue an Article 4 Direction to prevent the use of Class MA in selected areas across the Buckinghamshire Council Area.  The report set  out the mechanics of the relevant legislation, the type of development that was automatically granted planning permission by the new permitted development rights, highlighted the potential impact on the area and the lack of any public consultation, comment or input in any way to the decisions specifically to the loss of retail premises.  The report also set out a proposal for a 2 phase approach in relation how the Council would pursue Article 4 Directions in the immediate term and next phase.

RESOLVED –

(1)               That the report be noted.

(2)               That Council Officers be authorised to commence Stage 1 work on a non-immediate Article 4 Direction removing the permitted development right set out in Class MA of the Town and Country Planning (General Permitted Development Order) 2015, and on the locations detailed in the Cabinet report.

(3)               That Council Officers be authorised to commence Stage 2 of the project, as soon as resources allow, to undertake a public consultation as to whether the Council should consider imposing an Article 4 Direction to remove the permitted development right set out in Class MA of the Town and Country Planning (General Permitted Development Order) 2015.