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MPs call for review of permitted development rights

23 Jul 21 Backbench MPs are urging the government to halt the extension of permitted development rights for change of use to residential.

The government is keen to relax planning laws to hit its house-building targets but a cross-party committee of MPs says that changing the use of existing buildings should not be allowed to go unchecked.

In particular, they say that local authorities must be able to prevent the siting of homes in inappropriate locations, such as business and industrial parks.

A report from the House of Commons housing, communities and local government committee says that the government should pause any further extensions of permitted development rights (PDRs) for change of use to residential and conduct a review of the role of such PDRs in the wider planning system.

The report highlights concern that some homes built under PDR policy are poor quality and that recent changes to PDR could undermine attempts to revitalise high streets and the ability of local authorities to plan development and shape communities. It also says the prior approval process for residential PDRs might have become so complicated it is now little different from the full planning process.

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The report makes a series of recommendations, including that the government should:

  • pause any further extensions of permitted development for change of use to residential, including the new class MA right, which is due to take effect on 1st August;
  • conduct a review of the role of PDRs for change of use to residential within the wider planning system and explain how it aligns with plan-led development and local democratic involvement; and
  • consider amending the prior approval process to require PDR housing to have outdoor private or communal amenity space, and to enable councils to require that PDR housing contributes overall to the delivery of the right mix of housing for their area.

Clive Betts, chair of the committee, said: “While we understand the intention behind the recent PDR changes, these extensions appear to contradict the increased focus on plan-led development and local democratic involvement, and fatally undermine the role of local authorities in shaping their communities, public spaces and buildings. The reality of the government’s recent changes to PDR is a regime which has become so complicated it is little different from the planning system yet without the benefit of local controls or democratic involvement.

“To begin to put this right, the government should pause any further extensions of permitted development rights for residential change of use and undertake a review of the role of such PDRs in the wider planning system, spelling out how this can be consistent with its proposed reforms as set out in last year’s planning white paper.

“It’s also crucial the PDR regime ensures local councils are be able to protect certain areas from permitted developments rights where they have legitimate concerns about the impact on town centres, high streets and commercial centres. The government should also look at ensuring how prior approval could be amended to accommodate requirements for buildings to have access to adequate natural light and amenity space, and to ensure that PDR contributes overall to  a mix of housing types that delivers to local needs.”

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