Agenda item

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.

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.

The Cabinet Member for Planning and Regeneration reported that whilst Class E uses (business and commercial) existed all over the Council area, it was considered that the locations within Buckinghamshire that could be the most affected by these Permitted Development rights were within Primary Shopping frontages. Whilst an Article 4 Direction could focus on just the primary shopping frontages, consideration had been given to expanding further than just the primary shopping frontages in order to capture the ‘core shopping areas’. Care would need to be taken to ensure that the Article 4 Directions covered enough of the Council area to achieve the desired outcome but remain focussed to ensure the Direction complied with the NPPF.

The Cabinet Member also referred to the timescale and that the Council was looking at the non-immediate Article 4 Direction as this would remove the Council’s financial liability to compensate landowners; this would be a 12 month notice period. Before that time the Permitted Development rights would continue to apply.

During discussion the following points were noted:-

·         The Leader had written to the previous Minister of Housing Communities and Local Government to express concern about the new permitted development right as it was important to regenerate town centres. Whilst there may be a case for residential just outside shopping areas and the intention of this was well meaning it would break up the high street.

·         A Cabinet Member asked if the timescale was realistic and this was confirmed although it would involve a lot of officer time and would include the 12 month public consultation period.

·         A question was asked about those towns which have no primary shopping frontages but should be considered due to the nature of their areas and the contribution that the retail units in those towns made to their local areas. The Cabinet Member responded that Amersham on the Hill, Iver, Wendover and Winslow had been added in.

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.