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London political turmoil and committee decision making

On the 5th February, when the first meeting of the housing implementation taskforce took place, the Prime Minister highlighted the important role of all government departs and asked for creative thinking to meet the target of 300,000 additional houses by the mis-2020s. It is worth noticing, though, this announcement was regarded as a tactical step back with any pre-2022 election target compared to the commitment of 2015 and 2017 to deliver a million homes by the end of 2020 and half million more...

Draft Revision to the National Planning Policy Framework (NPPF) expected before Easter.

The Draft Revised National Planning Policy Framework (NPPF) is expected before Easter. The NPPF is being revised to include planning reforms outlined in the housing White Paper, the Planning for the Right Homes in the Right Places consultation and the announcements at Autumn Budget. The final revised framework is expected to be published in the summer as Steve Quartermain, Ministry of Housing, Communities and Local Government’s (MHCLG) Chief Planner stated on his letter to England’s local au...

Westminster: Article 4 Direction for the protection of office space

Permitted development rights were introduced by the government in an attempt to meet the demand for housing. The temporary measure has become permanent and Boroughs typically have to introduce Article 4 Direction to exclude areas from this. Until the updated protection, former offices like Reed House and Riverwalk House have been converted into housing with no affordable provision. Westminster benefitted from having a Borough wide protection via a zonal protection. After the 31st May 2019, ...

Islington Council's call for lower affordable housing threshold accepted.

LB Islington’s argument for lower affordable housing threshold in the Borough was accepted by the Inspector Debbie Moore by dismissing an appeal related to a basement extension in Holloway, North London. The appeal site sits within the Hillmarton Conservation Area and comprises a semi-detached former house converted into three flats while the appellant sought permission for the excavation of part of the back garden to create a fourth basement flat. Islington’s supplementary guidanc...

Theresa May's cabinet reshuffle and the Ministry of Housing, Communities and Local Government

We referenced our summary of changes expected for 2018 last week.  While house prices in London rose 2.6% in 2017 compared to 4.5% in 2016, according to Building Society Nationwide, housing is apparently becoming the Government’s focus. At least they realise younger people suffering from the price rises and supply shortage might have a say at the next election.  The Department for Communities and Local Government has been renamed, becoming the Ministry of Housing, Communities and Loc...

2018: What to expect for town planning in West London

As we start 2018, many changes are expected for planning including changes to fees, funding and proposals for planning system improvement (as always). Concerning fees, the regulations approved by the House of Lords’ grand committee in December will come into effect this month. Summarising the changes: -20 per cent planning application fee increase -fees for planning permissions in principle -new fees for applications necessary because a permitted development right has been removed -new fees...

Town Planning Fee increases

We wanted to make you aware of some legislative changes that could affect all planning applications and permitted development certificate of lawfulness. The 20% Planning Application Fee Increase will come into effect on 17th January 2018, so any application not registered before that date will have to pay the increased fees. The key increases confirmed are: Planning applications will increase from £172 to £206, where applications relate to one dwelling and to £407 where application relates to...

Happy Christmas and New Year London

We are reaching the end of the year and we have survived a year of potential turmoil (both sides of the Atlantic). While Brexit is having a mixed impact on local and regional economic development, what should be expected to come in planning next year? With the Budget 2017 and Draft London Plan being the most discussed topics of the year, here are the key proposed policy changes affecting the future of planning. In his announcement of Budget 2017, Chancellor Philip Hammond set 300,000 net additi...

Draft London Plan 2017 – Part 1

The Draft London Plan was published for 3-month consultation on 29th November 2017 while the final new London Plan is expected to be published in Autumn 2019. The Draft Plan sets out the Mayor’s vision for London and the strategic policies for future development and ‘Good Growth’ of the capital. Although the policies are not finalised yet, they are an indicator of the new approaches which influence planners, developers and decision makers. ...

World Town Planning Day 2017

Coinciding with the launch of Sadiq Khan’s draft London Plan, the theme for World Town Planning day 2017 was the “House Me London”campaign. Launched in May, “House Me London”seeks to engage all Londoners in a discussion about the challenges and solutions to London’s housing crisis. The evening featured an influential panel of speakers from within and beyond the built environment professions. Coinciding with the Evening Standard’s Tuesday front page splash “Sadiq Khan's radical pl...

Budget November 2017

During his presentation of the Budget 2017 to Parliament, chancellor Philip Hammond announced his willingness to “build a country fit for the future” with the planning regime and the shortage of housing being clearly the focus. Hammond’s apparently “ambitious” housing plan includes £44bn of capital funding, loans and guarantees to boost housing supply up to 300,000 homes a year by the mid-2020s. How the government gets to this target is not clear.  As predicted, the talk in the p...

No Deal Brexit and Planning

Gina Miller’s article in the New European over the weekend raises some challenges perhaps not on the radar of most. It assumes, if the government’s threat of a no-deal scenario were real, there would be evidence the government would be preparing and drafting legislation such as an Act of Parliament such as the High Speed Rail (Preparation) Act 2013. Whether or not that is true, Miller raises some interesting points regarding the types of provisions that would be needed if such a circums...

Alternative truths: Permitted Development interpretations in the London Borough of Brent

Development Control Practice (DCP) describe as “Taking the Michael” but a recent prior approval appeal decision for a single storey side and rear extension (24 Oxgate Gardens, Brent) is just another illustration of the quirks of Permitted Development Legislation. LB Brent argued the Prior Approval application should be refused on the basis the enlarged part of the dwelling would extend beyond a wall forming a side elevation of the original dwelling and have a width greater than half the...

More hurdles for Basement Development in North London

Consultants, architects, developers and homeowners will recall the landmark Eatherley v LB Camden High Court case as reported in the National press. Mr Justice Cranston ruled against LB Camden who issued a Certificate of Lawfulness for a one storey basement dig. Mr Eatherley's lawyers argued the proposed work included a substantial engineering operation which was not within the permitted development rights. Prior to this, London Boroughs had started to implement Article 4 Dir...

Prior Approval Updates

From the 6th January 2018, 32 locations are set to be subject to an Article 4 Direction preventing the permitted change of use of office floorspace to residential use. They mainly relate to Hounslow's vast array of employment sites. ...

Commercial Article 4 Directions in the London Borough of Richmond

Article 4 Directions can remove the permitted development rights for change of use from B1(a) offices to C3 residential.  Some London Boroughs are using this power to restrict permitted changes of use. In Richmond, most major town centre employment locations are now protected. The list below lists these locations in accordance with the date the Article 4 was implemented. For more specific location maps, you can download the PDF maps from the LB Richmond website.   From 7 July 2016...

Restoring Empty Homes

The Guardian has written another article (Guardian, 20th April 2017) on the empty homes crisis in the UK. The article tables the numbers by value. Unsurprisingly London dwarfs all – primarily because of the average values in the capital. https://www.theguardian.com/society/2017/apr/20/over-200000-homes-in-england-still-lying-empty-despite-housing-shortages There are more people in the UK needing affordable homes than ever before. In England alone there is an estimated 1,688,892 households...

Office to residential conversions in Kingston

A new Kingston-Upon-Thames Article 4 designation came into effect on 1 October 2015 and any units which have prior approval but have not been occupied by this date, will require planning permission. The Direction affects any building that is currently used as office, or any vacant offices in the following areas: Kingston Town Centre; New Malden District Centre; Surbiton District Centre; Tolworth District Centre; Chessington Industrial Area; Barwell Business Park; St George's Industria...

Retail / Professional Services to Residential Conversions

The latest changes to the General Permitted Development Order 2015 (Schedule 2, Part 3, Class M) incorporate a permanent provision for retail and professional service units to be changed to residential use, with certain limitations. The limitations are summarised below: The proposed building must have been in use as a shop (A1) or professional service (A2) on or before the 20th March 2013. If the unit was vacant on the 20th March, proof will need to be given to confirm the last known use. The...