Government plans new PDR for retail, commercial and leisure conversions

The government has announced plans for a new permitted development right allowing conversions of most commercial premises to residential. The plans, set to come into force next August, would allow change of use and redevelopment of any class-E commercial, business and service property. This includes shops, restaurants, professional or business services, indoor sports or gyms, medical or health services, nurseries, offices, R&D business and industrial, and would also apply in conservation areas. It comes on top of current permitted development rights, which already allow all vacant commercial property to be demolished and rebuilt. In the consultation, it says: “Having first simplified the change of use in such cases, we want now to build on this providing further flexibility to allow this broader range of uses to change to residential use.” The new PDR would replace the current legislation for retail and offices, which runs until 31 July 2021, in a single right that covers most commercial uses. It says: “It will go significantly beyond existing rights, allowing for restaurants, indoor sports, and creches etc to benefit from the change [of] use to residential under permitted development rights for the first time.” Pubs, theatres and live music venues will be exempt, as would sites of scientific interest, listed buildings and land with agricultural tenancy. There will be no size limit on the building, or parts of buildings, that can be redeveloped. Homes will need to meet the space standards which come into force for PDR in April. The process would require a basic prior approval relating to flooding, transport, noise, light, fire safety and occupier impact. Applications would require floorplans and a fee of £96 per home, capped at £4,800. Other proposals in the consultation would allow public sector buildings, such as schools, prisons and hospitals to expand their footprint by 25%. Local authorities will have just 14 days to respond to these requests, down from the standard 21-day response time. ‘Too much risk’ Industry experts have been struck by the surprise consultation ahead of drastic measures. Nichola Gooch, planning partner at Irwin Mitchell, described the PDR as “the biggest and potentially most radical” of the changes proposed. She said: “Given the impact that Covid 19 and the associated restrictions have had on the economy, there will be a real temptation for commercial landlords to flip vacant units to residential before looking at other, more traditional, commercial uses for them. “If this is enacted, unless councils are very quick off the mark with their Article 4 directions, the future of many high streets may very quickly become predominantly residential.” Will Lingard, CBRE senior director for planning, said: “People are going to be going back to the office and it actually risks really important office space going over to resi. The government is taking too much risk, office space is what generates the means for people to be able to afford the residential. “The planning system is really good at releasing office floorspace when it needs to. It’s a controlled way of doing it. The government is trying to use permitted development rights in a way that they were never originally intended. These are important structural changes.” Planners at the Town and Country Planning Association also highlighted the poor quality of many existing PDR homes, which have been frequently criticised as “the slums of the future”. Fiona Howie, chief executive at the TCPA, said: ““The government’s Planning White Paper argued that they wanted to give communities a more meaningful voice in the future of their area. These proposals seem to suggest the government wants to give communities as little voice as possible. “This latest consultation is emblematic of the Government’s desire to deregulate the planning system, and reinforces more than ever the need for a Healthy Homes Act that would establish a framework to require all new homes to be of decent quality.”   To send feedback, e-mail emma.rosser@egi.co.uk or tweet @EmmaARosser or @estatesgazette Photo by Jonathan Hordle/Shutterstock (10779390f)