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Commercial conversions inching closer?

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December 17, 2012
An article on the Planning magazine website reports the introduction of a new clause into the Growth and Infrastructure Bill which allows for a "Prior Approval" process to be adopted by local authorities in some (unspecified) cases. This is interpreted by an expert quoted in the article as follows: Duncan Field, planning partner at law firm Wragge and Co, said he believed the new clause had been introduced as part of the proposal to allow permitted development rights to change from commercial to residential use. He said: "Reading between the lines this clause addresses the disquiet expressed by some local authorities over allowing this change of use. Most of the time development is planned and commercial developments are often in locations that are suitable for that, not residential uses." A "Prior Approval" process would give local authorities ways of controlling unwanted commercial-to-residential conversion. The basic principle is that although planning permission may not be required under a General Development Order, the developer has to notify the council of its intentions and the council then has the opportunity to imposte conditions or reject the proposal. If the council doesn't respond, planning permission is deemed to be granted automatically. Currently "Prior Approval" applies to some telecommunication mast proposals and some agricultural developments. So far, no formal proposals have been put forward by the government to ease controls on commercial to residential conversion other than the amendment to the General Development Order to allow 2 flats instead of 1 above the ground floor retail premises, which has already been introduced. Implementing a "Prior Approval" process would substantially curtail whatever flexibility the government eventually introduces. But the introduction of the clause does suggest that the government is close to introducing some additional flexibiilty. The Planning magazine article can be read here (though access may be limited). A clearer idea of the "Prior Approval" process as applied to telecommunications masts can be found here. (Government guidance on the subject has gone AWOL following the move to the new www.gov.uk website.)