Agenda item
Permitted development rights for change of use from commercial to residential
The Government announced that from Spring 2013 permitted development rights will be introduced to enable change of use from office (B1a use class) to residential (C3 use class) without the need for planning permission. This report provides a summary of the main implications for Brent and areas of concern, including the potential permanent loss of employment land of strategic economic importance. The report also informs the committee that due to these concerns an exemption to the new rights has been sought from the Department for Communities and Local Government (DCLG) for the borough’s Strategic Industrial Locations (SIL), Locally Significant Industrial Sites (LSIS) and Opportunity.
Minutes:
Members considered a report which provided a summary of the main implications for Brent and areas of concern, including the potential permanent loss of employment land of strategic economic importance. This followed an announcement by the Government that from Spring 2013, permitted development rights would be introduced to enable change of use from office (B1a use class) to residential (C3 use class) without the need for planning permission.
Chris Walker, Assistant Director of Planning and Development outlined some of the concerns as follows:
(i) The employment opportunities created through construction of housing development would be temporary and also result in a permanent loss of employment land with potential adverse impact on long term growth and jobs.
(ii) Conversion of office buildings to residential within Strategic Industrial Locations (SIL), Locally Significant Industrial Sites (LSIS) and Opportunity Areas could compromise the distinct industrial character of those locations with consequent prejudice on their future development for employment uses.
(iii) Conversion of office to residential within Wembley would lead to a loss of, as well as undermining the ability to introduce, active frontage in the town centre, thus prejudicing its viability and the potential to expand Wembley town centre eastwards into the Stadium area as set out in the Wembley Area Action Plan.
(iv) Due to the volume of traffic, current council policy was to manage air quality sensitive development within restricted areas in close proximity to the North Circular Road (NCR), such as housing, hospitals and schools. Under the permitted development rights, offices in proximity to the NCR could be converted to residential uses without having to demonstrate there would be no adverse health impact on residents through poor air quality.
(v) There was no provision for the council to seek Section 106 contributions from developers for open space, education and health care, thus resulting in pressure on existing schools, open space and infrastructure, especially in areas of the borough where an increase in residential accommodation was not envisaged.
(vi) Clarity was required on how the provision of affordable housing would be dealt with through the permitted development rights. If no affordable housing was required as a result of change of use then this would have a dramatic effect on the supply of affordable housing in the borough.
(vii) It was unclear as to the extent that the new homes provided through office to residential conversions would be expected to comply with design guidance such as the Mayor’s Housing Supplementary Planning Guidance (SPG) and Brent Council’s Design Guide for New Development SPG.
(viii) Permitted development rights would be subject to a prior approval process covering significant transport and highway impacts, development in safety hazard zones, areas of high flood risk and land contamination. It was currently unclear as to who would manage the prior approval process and how this would be resourced given current pressures on council resources and budgets.
The Assistant Director of Planning and Development submitted that given the concerns set out above the council had applied to the Department of Communities and Local Government (DCLG) for an exemption to the permitted development rights for the borough’s SIL (East Lane, Staples Corner, Wembley/Neasden and Park Royal), LSIS (Alperton, Brentfield Road, Church End, Colindale, Cricklewood, Honeypot Lane, Kingsbury and Neasden Lane) and Opportunity Areas (Park Royal/Willesden Junction, Wembley encompassing Wembley town centre and Colindale/Burnt Oak). He added that the introduction of the proposed permitted development rights in those specific locations would have significant adverse economic impacts, which would not be outweighed by the benefits the new rights would bring. In addition the council highlighted the concerns set out above to the DCLG and requested that air quality be assessed as part of a prior approval process.
In welcoming the report, Members endorsed the reasons for which the Council had sought exemption to the new permitted development rights from the Department for Communities and Local Government (DCLG) for the borough’s Strategic Industrial Locations (SIL), Locally Significant Industrial Sites (LSIS) and Opportunity Areas.
RESOLVED:
(i) that the forthcoming changes to the permitted development rights for change of use from office (B1a use class) to residential (C3 use class) purposes, which were due to come into force in Spring 2013 be noted;
(ii) that the request for exemption from the permitted development rights for the borough’s SIL, LSIS and Opportunity Areas, which was submitted to Department for Communities and Local Government (DCLG) on 22 February 2013 be endorsed.
Supporting documents: