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Planning legislation changes

Following the Prime Minister's announcement at the end of June, that dramatic Planning legislation change would be forthcoming to help with his new “build, build, build” strategy, consternation has followed from planning authorities and RICS among others.

The new planning regime is designed to streamline the planning system, reduce unnecessary bureaucracy and speed up development.

Buildings are to be allowed to change-use from commercial usage to residential without the need for planning permission, and house builders will be able to demolish existing vacant residential and commercial buildings and build new homes in their place, also without planning consent.

Whatever your personal feelings are, those working in construction who are nervous about whether this will mean a number of new business opportunities will be harder to identify, needn’t fear.

Glenigan’s comprehensive construction research methods, technology and data sources mean that our customers won’t miss out, as our Content Director, Robert Davis explains: 

“Changes of use (even within the same planning use class) will often still require informal interaction with LPA’s to ensure development is not undertaken unlawfully.  The LPA’s publish details of such initial or informal interactions in a number of ways – all of which are captured by Glenigan:

“Uniquely, Glenigan operates the latest and most sophisticated technology to capture ALL types of planning data, INCLUDING all the above. These are processed and published in the same way as a formal Outline or Detailed application and form part of the fully comprehensive dataset that Glenigan provides. 

“Also, the Planning Regulation changes will not affect all projects for several reasons:

“Therefore, many Change of Use applications will still be required to be submitted in the traditional way as a formal planning application which Glenigan will capture and publish for our customers benefit.

“Glenigan exclusively includes many non-planning data sources which contribute over 50% of all new projects published. These non-planning sources include:

“All the above will identify projects which may have bypassed the planning process. These are fed into the Glenigan service and tracked through to completion by our team of over 100 web and phone researchers. Over half of all projects in the Glenigan database are initially identified via these sources which are unavailable elsewhere.”

“In summary; Glenigan will remain the premier source for all relevant developments through its comprehensive technology and its exclusive data partnerships – this unrivalled coverage is unique to Glenigan.”

A more detailed look at the legislation changes

The Government has recently published proposed legislation to bring changes to the Planning Use Class Order by creating two new classes of permitted development (PD) rights.  From 1 September 2020 existing buildings that are already used for Class A1, A2, A3, B1 and certain D1 and D2 uses will fall within a new single Class E and unless the permissions they operate under have specific controls, will be able to change to other uses within that new class without the need for planning permission.  

The Government has said it wants the use classes system to better reflect the diversity of uses on high streets and in town centres to give businesses the flexibility to adapt and diversify to meet changing demands. 

We have reviewed the Proposed new Legislation see link; 

In short, although there are big changes proposed many projects will still be required to go through the formal planning process due to either being located outside of England, the use change being outside of those classified within the new E class, the requirement of some form of exterior change (such as signage) to be submitted.  

The proposed change of use will in many cases still require a prior notification approval or pre-planning type “advice” request to be submitted (which Glenigan captures) and of course Glenigan also operates with a significant amount of non-planning data sources which contributes to over 50% of all new projects created. 

The key points are:

In summary the new Planning Use Classes are:

New Permitted Development Rights

The Government is also proposing adding new Permitted Development rights which will allow:

Planning permission will not be required however a simplified application is required through the “prior approval” process. Glenigan still captures all Prior Approval applications and these will be captured and published in the same way.