A few months of Planning
A busy first 6 months for 2017 – we look at some of the planning news which has hit the headlines:
Change of Use or Demolition of Pubs
Under your permitted development rights (PDR), you can carry out certain development without having to make a formal application to the Council for planning permission. For more details see https://www.planningportal.co.uk/info/200187/your_responsibilities/37/planning_permission/2.
As of 23 May 2017, the following PDR have been abolished:
- The change of use from Class A4 (drinking establishments) to Class A1 (shops), A2 (financial and professional services) or A3 (restaurants and cafes); and
- The demolition of Class A4 buildings.
This means that you will now require planning permission to change the use of or demolish a pub.
Demolition of Gates and Walls in Conservation Areas
In a recent case Barton v Secretary of State for Communities and Local Government , the High Court confirmed that the prohibition on demolishing a building in a conservation area can also apply to “any structure or erection, and any part of a building.”
This means that the demolition of even a gate or wall in a conservation area may require planning permission.
Householders and developers relying on PDR to carry out residential extensions may require prior approval from the Council. If prior approval is required, information about the proposed development needs to be submitted to the Council.
In Winters v Secretary of State for Communities and Local Government , the High Court confirmed that if a householder/developer wants to rely on their PDR, the proposed development must not commence until a written notice is received from the Council confirming that prior approval is given or that prior approval is not required.
If you would like to discuss any of the above, please do not hesitate to contact Howard Parkinson at Foskett Marr Gadsby & Head LLP (Epping) on 01992 578 642 (http://www.foskettmarr.co.uk/index.php//our-team//howard-parkinson/.)