1. Wider Changes Affecting Development Management Norfolk and Suffolk Planning Officers 9 December 2015

2. Introduction About me - David Warden –MSc Spatial Planning –Chartered Member of the Royal Town Planning Institute –Director & Planning Consultant at DGW Planning –Previously: Planning Inspector (consultant s78 and s174) Principal Planning Officer in Development Management at London Borough of Enfield Area Planning Officer at Hinckley & Bosworth Borough Council

3. Introduction Contents –Permitted Development relaxation –Appeals, recent Inspectorate appeal decisions and wider updates –Role of the Planning Court –Questions and Discussion

4. Permitted Development relaxation –GPDO 2015, came into force 15 April 2015 –Schedule 2 PD Rights consolidated from 43 to 19 Parts –England only –Article 1(5) land becomes Article 2(3) (alongside GPDO, changes to UCO betting shops and payday loan shops sui generis) –Already about to be amended (office to resi)…

5. PD - Office to Residential –To be made permanent –3 years to complete –Demolition and new build, subject to further limitations –Exempt areas, Article 4 Directions by 2019 –Further permitted changes to residential, light industrial buildings and launderettes

6. PD – Retail to Residential –A1, A2, betting office, payday loan shop, or mix of uses of this kind to C3 –Building operations reasonably necessary –Prior Approval (max)

7. –(a) transport and highways, (b) contamination, (c) flooding, (e) the design or external appearance of the building –(d) whether undesirable impact: (i) on adequate provision of services A1 or A2, only where reasonable prospect of being used to provide such services, or (ii) where the building is located in a key shopping area, on the sustainability of that shopping area PD Prior Approval (max)

8. PD Changes of Use –Part 3: Changes of Use Some restrictions where Assets of Community Value A1, A2, betting office, pay day loan shop, casino to A3 Facilities for ventilation/extraction/rubbish to enable use as A3 (PA) A1 to A2 A2, betting office, payday loan to A1 (where shop window)

9. PD Changes of Use –Part 3: Changes of Use Betting Office, payday loan shop to A2 A1, A2, betting office, payday loan shop to D2 (PA) C4 to C3 & vice versa (clarified single units) Amusement arcade, casino to C3 (PA) B8 to C3 (PA max) Agricultural building to C3 (PA)

10. PD Others –Part 1: …within curtilage of a dwelling house Larger House Extensions extended until May 2019 –Part 4: Temporary Buildings and Uses Change to a flexible use for 2 years remains Temporary use of buildings or land for film making purposes –Part 7 Non-domestic extensions and alterations Extensions, trolley stores, click and collect within curtilage (PA), modify loading bay, hard surfacing

11. Appeals –Latest Procedural Guidance, July 2015 –Appeals Casework Portal –Costs, including Inspector initiated –Which procedure –HAS & CAS

12. Appeals –Validation Delay – currently up to 6 weeks or more –HAS / CAS slipped from 7 to 10 weeks average (quarterly data up to 19 weeks) –Written Reps, Hearings, Inquiries 19, 23 & 38 weeks –Enforcement appeals 29, 32 & 40 weeks –PINS confirms very busy/stretched –45 new Inspectors + 20 more, a 25% increase

13. Appeal Decision Trends –More complex (e.g. land supply and viability) –5 year housing land supply – but doesn’t necessarily trump all others (e.g. Green Belt) –Viability – detailed analysis required (reversal of developer contributions on small sites) –‘Old’ adopted policy may well still be consistent with NPPF (e.g. Green Gap)

14. Planning Court –Established April 2014, part of a package of measures to speed up/limit planning cases –Still part of the Administrative Court, within the Queen’s Bench Division of the High Court –JRs of LPA decisions & other challenges to planning decisions –In part to deal with cases like these…

18. Planning Court –But more so to reduce the number of meritless claims –Aim for 400 planning cases a year resolved more quickly by being fast-tracked for hearings with specialist judges, instead of clogging main Court –Simplified or more complex –Potential for more on JRs/challenges…

19. Questions and Discussion