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Government inches forwards to boost Living Over The Shop

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April 13, 2012
The government has decided to increase the number of flats that can be created above some empty high-street premises without planning permission from one to two. In the government's response to the Mary Portas Review of the high street Grant Shapps announced that the measures to be introduced by the goverment would include "Allowing the conversion of space above shops to two flats, without the need for planning permission, rather than the current limit of one – encouraging more people to live in their town centres and maintain them as vibrant places to be" There is no further detail in the government's response, which also slightly mis-represents the existing freedom to convert redundant space by stating this is just for space over shops. In fact the freedom extends to Use Classes A1 and A2 ie Retail Shops and "Financial and Professional Services". Building Regulation approval would of course still be required. Key constraints with the existing concession include the need for the use of the ground and upper floor to be in the same use class, so that a premises with A1 at street level and A2 at first floor level would not be eligible, and nor would the reverse. The government's Planning Portal describes the current position as follows: a planning application is not required for change of use in the following circumstances:
  • from A1 or A2 to A1 plus a single flat above;
  • from A2 to A2 plus a single flat above.
These changes are reversible without an application only if the part that is now a flat was, respectively, in either A1 or A2 use immediately before it became a flat. Whilst the proposed flexibility will be welcomed, it is hardly going to set the world on fire and is as far away as one can imagine from the wilder ideas being touted a year ago, such as exempting all conversions from commercial to residential from the need for planning permission. By contrast, this is the most timid measure one could possibly conceive of.