Wooden Boat Plans Australia | B1 a to C3 – an early example

Wooden Boat Plans Australia

NOTE: For completely up-to-date and fully comprehensive coverage of the changes of use that are now authorised by the GPDO, and the way in which these are (or should be) handled by Local Planning Authorities, we would strongly recommend readers to obtain a copy of the author’s new book on the subject - ”A PRACTICAL GUIDE TO PERMITTED CHANGES OF USE” published by Bath Publishing in October 2015. You can order your copy by clicking on the link on the left-hand sidebar of this page.

I happened to spot the following item among pending planning applications in Bristol the other day:

Prior approval for the change of use from detached three storey building currently as 3 separate self contained office units on lower, ground and first floors from office space within Use Class B1(a) to two-bedroom apartment on lower ground floor, and 2-bed apartment on ground floor of residential accommodation falling within Class C3 (dwellinghouses)

The application was put in the post on 10 June, was received by the LPA on 13 June and registered by them on the 14th, so congratulations to both the applicant and the LPA for being so quick off the mark on this one. No application form was available, so the applicant simply wrote a letter setting out the required information and enclosing the necessary plans. This is all that is required, so the LPA quite rightly treated it as a valid application and immediately registered it.

The application does not fit neatly into the new scheme – it is not a one-for-one change of use, so it will be interesting to see how the LPA deals with it; but (knowing the site myself) I would be a bit surprised if anyone objects.

Multiple conversions to form a group of apartments, or a block of flats, might be more problematic, so other cases may be less straightforward than this one seems to be. There could in fact be quite a rush of these applications over the next three months, especially where multiple conversions are involved, in view of the introduction of the £80 application fee on 1st October.
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UPDATE (4.7.13): News is reaching me of various applications for change of use from offices to residential use that have been made over the past month to a number of different LPAs around the country. One eager and very efficient developer even managed to get their application in on 31st May! So we should begin to learn within the next few weeks how a range of different councils are handling these applications. The 56-day period will expire on the very earliest application on 26 July, and the others in the pipeline will fall due during August. It looks as though there will then be an increasing number of others following these in the months to come. There will be no prize for the first LPA that lets one of these applications through by default by failing to determine it within the time limit.

© MARTIN H GOODALL


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Boat Plans Arch Davis | Avoiding changes of use from B1 a to C3

Boat Plans Arch Davis

NOTE: For completely up-to-date and fully comprehensive coverage of the changes of use that are now authorised by the GPDO, and the way in which these are (or should be) handled by Local Planning Authorities, we would strongly recommend readers to obtain a copy of the author’s new book on the subject - ”A PRACTICAL GUIDE TO PERMITTED CHANGES OF USE” published by Bath Publishing in October 2015. You can order your copy by clicking on the link on the left-hand sidebar of this page.

It has been reported that Brighton & Hove wish to prevent changes of use from Class B1(a) to C3 within their area by means of an Article 4 Direction. They were one of the authorities that applied unsuccessfully to be exempted from the provisions of the amended GPDO before these changes were made.

A news report states that the council “are to consider applying for an Article 4 direction from the Department for Communities and Local Government so that some areas of the city are exempt from the policy.” Strictly speaking, an LPA does not in fact need to apply to De-CLoG for an Article 4 Direction; they have the power to make the Direction themselves. Even if there are objections to the Direction, there is no longer a requirement for the Direction to be confirmed by the Secretary of State, although the LPA must properly consider any objections before confirming the Direction.

What the writer of the news story may have had in mind is that under the Town & Country Planning (General Permitted Development) (Amendment) (England) Order 2010 (SI 2010 No.654) LPAs are obliged to give notice of Article 4 directions to De-CLoG, and cannot confirm them for 28 days or such longer period as the Secretary of State may specify following notice of the draft Article 4 direction having been received by De-CLoG from the LPA.

The Secretary of State has power under Art. 5(13) to make a direction cancelling or modifying an Article 4 Direction at any time before or after its confirmation by the LPA, although Art 6(3) prevents the S of S from using this power in respect of certain classes of PD in a conservation area. Art 6(4) also prevents the S of S from modifying (but not from cancelling) an Article 4 direction which relates to a listed building (if it does not relate to land of any other description).

It may be the requirement to give notice of the Article 4 Direction to De-CLoG, coupled with the power that Uncle Eric has to make a direction cancelling or modifying an Article 4 Direction, that has led Brighton & Hove to decide that they need to go cap-in-hand to De-CLoG to beg them not to cancel an Article 4 Direction if they make one.

So, as I pointed out in a post some months ago (long before the amendments to the GPDO were finally made), Uncle Eric does have the whip hand in such matters, and can promptly overrule any Article 4 directions which seek to remove the extended PD rights he has so recently created. When these changes were first mooted last year I predicted a sort of ministerial ping-pong match, with Uncle Eric lobbing the ball back over the net every time an LPA makes an Article 4 direction in an attempt to remove the extended PD rights. But do De-CLoG ministers really want a series of stand-up fights with LPAs over this? I suspect that saner counsels may in fact prevail, and there may be some sort of negotiated settlement which would allow Brighton & Hove and other LPAs to make Article 4 Directions that exclude the permitted development right to change from a use within Class B1(a) to C3 in some parts of their area, or which modify this PD right in some other way that would exclude certain types of building or particular types of conversion.

Brighton & Hove are due to take a decision on 11 July on how to take this proposal forward, and it will be interesting to see how this develops. Other LPAs will no doubt be following this matter with considerable interest.

© MARTIN H GOODALL
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UPDATE (12 July) : Brighton and Hove are going ahead with their Article 4 Direction, and it seems that a number of other councils are now proposing to make these directions. It will be interesting to see whether Uncle Eric or the boy Boles use their ministerial powers to block these directions. Meanwhile Islington LBC is contemplating a legal challenge to the GPDO amendment order by way of judicial review, based on the way the consultation process was carried out prior to the governments decision as to whether particular authorities should be exempted from the order. Other councils could join in if these proceedings get off the ground.



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