Non-householder - Report - The Planning Service

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Creating the environment for business 7.6.2 England and Wales Non Householder Minor Development Review 2008 The England and Wales Non-Householder Minor Developments Review 2008 provides a summary of Lichfield’s Review of PD rights in England. Feedback within the Lichfield review finds that 78% of respondents felt that current industrial PD rights were ‘about right’ with an even split of opinion between those that felt they were too tight or too relaxed. Lichfield therefore concluded that whilst the relaxation of PD rights for industry and warehousing may support economic policy aims, there was an increased risk of adverse impacts on adjoining land uses and traffic levels. As a consequence their recommendations focused on deregulatory and clarificatory measures: Clarify that ‘material effect on external appearance’ applies to the site as a whole and consider removing this limitation outside conservation areas and on premises not fronting a highway; Clarify how the curtilage boundary should be defined on industrial estates; and Limit extensions under Class A by floorspace rather than by floorspace and volume. Further the WYG Report refers to the Scotland PD Review 2007 11 that made the following general recommendations: Delete the reference to ‘materially affecting appearance’ on the grounds that it is contradictory, little used and could discourage routine maintenance; Remove the cumulative limitation on extensions of 25% or 1,000 sq m above the original building, and instead allow extensions up to 50% of site coverage; Height limitation to relate to existing rather than original building; To guard against impacts on nearby homes, all development within 25m of a residential property should require consent; Ancillary commercial uses (other than trade counters) should benefit from ‘permitted development’ rights; Define whether plant and machinery includes air conditioning units, heating/boiler systems and external lighting; and Planning permission should be required in all cases for the deposit of imported waste. 11 Heriot Watt (2007) ‘Review of the General Permitted Development Order 1992’ for the Scottish Executive 2007 Doc Reg No. 23271 Page 76 © Entec UK Limited September 2009
Creating the environment for business The England and Wales Non-Householder Minor Developments Review 2008 received limited feedback from stakeholders on this topic. Despite industry already arguably enjoying generous PD rights, recommendations were made to focus on further potential relaxation for both light and general industry, including: Limit extensions to maximum 1000 sq m floorspace per building (500 sq m in sensitive areas) up to a maximum 25% extra floorspace (deleting the alternate test of cumulative percentage volume); Height no greater than existing building, if within 10m of a boundary max height of 5m; New allowance for freestanding buildings up to 100 sq m; Delete the test of ‘material effect on external appearance’, and replace with a test which restricts development to not within 5m of a boundary or facing a highway; No loss of turning/manoeuvring space for vehicles; Materials to match existing building; No PD within the curtilage of a listed building; Control the potential for overlarge extensions to small buildings by adding a limitation of maximum 50% ground coverage; Porous hardstanding up to 100 sq m (impermeable (or non-porous) where risk of contamination); Require a Minor Development Certificate (MDC) for all plant and equipment on light industrial premises (except general industrial B2); No basements in Flood Risk Zones 2 and 3 or areas identified in a SFRA as being at risk of ground/surface water flooding’. Feedback from the Environment Agency expressed concern that pollution control efforts could be undermined by an extension of industrial permitted development rights, particularly in relation to noise and dust issues. Summary The WYG review raises several points regarding failures to provide impact-based limitations in several cases within the current England and Wales GPDO. One of these relates to the “materially affects the external appearance” test. This takes no account of the context of the development or that an extension of the size allowed for under PD is bound to affect the external appearance i.e. it gives with one had and takes away with the other. As such provision also exists in the Northern Ireland GDO the same criticism also applies. The second point relates to the restriction on development within 5m of the boundary of the curtilage and the fact that this takes no account of the sensitivity of the adjacent uses. In the GDO there is the same provision (A1.part g) but there is also paragraph (h) which restricts development within any boundary adjoining a dwellinghouse or flat. Doc Reg No. 23271 Page 77 © Entec UK Limited September 2009
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Non-householder - Report - The Planning Service

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