LEG-UP for May 2017
FROM PLANNING LEGISLATION UPDATE SERVICE
The following is a summary of highlights from May that have come to the attention of the Planning Legislation Update Service.
THE TOWN AND COUNTRY PLANNING (GENERAL PERMITTED DEVELOPMENT) (ENGLAND) (AMENDMENT) (NO. 2) ORDER 2017
This Order amends the Town and Country Planning (General Permitted Development) (England) Order 2015 and implements the duty set out in section 15 of the Neighbourhood Planning Act 2017.
It removes permitted development rights allowing the change of use of a building falling within Class A4 (drinking establishment) of the Schedule to the Town and Country Planning (use Classes) Order 1987 to a building within Classes A1 (shops), A2 (financial and professional services), and A3 (restaurants and cafes) and to a temporary flexible use or a state-funded school for up to 2 academic years.
It also introduces a new permitted development right allowing change of use of a building falling within Class A4 (drinking establishments) to a use within Class A4 with a use falling within Class A3 (restaurants and cafes), or from those uses to a use falling within Class A4.
The order removes permitted development rights allowing for the demolition of buildings used for a purpose within Class A4 (drinking establishments).
It also makes transitional provisions for cases where, following a request for confirmation from the local planning authority as to whether the building has been nominated or listed as an asset of community value (as defined in paragraphs A.3 of Part 3, C.3 of Part 4 or B.3 of Part 11 of Schedule 2 of the General Permitted Development Order, before amendment by this Order), development may begin in accordance with those provisions. The effect is that planning permission in these cases is saved (where the drinking establishment is not nominated or listed) where such a request has been made more than 56 days before 23rd May 2017. In the case of demolition, prior approval must also have been granted, determined not required or deemed granted before 23rd May 2017. The order also postpones by 18 months the application of the new right introduced above, for a building which falls within the scope of a direction under article 4 withdrawing permission to change use from a use falling within Class A4 (drinking establishments) to a use falling within Class A3 (restaurants and cafes).
Came into force on 23rd May 2017. (see next)
THE TOWN AND COUNTRY PLANNING (COMPENSATION) (ENGLAND) (AMENDMENT) (NO. 2) REGULATIONS 2017
These amend the Town and Country Planning (Compensation) (England) Regulations 2015 to add a new class of development to the list of permitted development rights for which compensation on withdrawal of the right is limited in various ways provided in the 2015 Regulations.
The new permitted development right allows change of use of a building falling within Class A4 (drinking establishments) of the Schedule to the Town and Country Planning (Use Classes) Order 1987 to a use within Class A4 with a use falling within Class A3 (restaurants and cafes), or from those uses to a use falling within Class A4. It has been inserted into Part 3 of Schedule 2 to the Town and Country Planning (General Permitted Development) (England) Order 2015 by amendments set out in the Town and Country Planning (General Permitted Development) (England) (Amendment) (No. 2) Order 2017 -see above.
The practical effect of these Regulations is that if a local planning authority withdraws the new permitted development right by issuing a direction under article 4 of the 2015 Order, compensation is only payable in respect of planning applications made within 12 months beginning on the date the direction took effect. The Regulations also provide that no compensation is payable where a local planning authority publicises their intention to make such an article 4 direction at least 12 months, and not more than two years, ahead of the article 4 direction taking effect.
Came into force on 23rd May 2017.
DRAFT AIR QUALITY PLAN, DEFRA and DfT, 5th May 2017.
The government has published a draft plan to improve air quality by reducing nitrogen dioxide levels in the UK.
The options are designed to reduce the impact of diesel vehicles, and accelerate the move to cleaner transport.
This consultation will run until 15th June 2017.
This consultation includes the following documents:
draft UK Air Quality Plan for tackling nitrogen dioxide (‘Improving air quality in the UK: tackling nitrogen dioxide in our towns and cities’)
technical report, including details of modelling techniques and assumptions
alongside the consultation government has also published the
Air quality: clean air zone framework for England
and summary of responses to the
Implementation of Clean Air Zones in England consultation
The Framework sets out principles which local authorities should follow when setting up Clean Air Zones in England.
THE SUPREME COURT RULING ON THE PROPER INTERPRETATION OF PARAGRAPH 49 OF THE NATIONAL PLANNING POLICY FRAMEWORK (NPPF), 10th May 2017.
See Summer issue of the Region’s newsletter, The East of England Express , to be published shortly.