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Newsflash: 4 Year Rule scrapped

The Levelling Up and Regeneration Act 2023 (LURA) came into force 26th December 2023. One of the major changes proposed was for the Section 171B (TCPA 1990) enforcement time limit of 4 years to be scrapped though no timetable was announced. The commencement date has now been published and: From 25 April 2024, section 171B of the Town and Country Planning Act 1990 is amended by the Levelling Up and Regeneration Act 2023.Section 171B currently provides enforcement time limits of 4 years:The c...

Planning Portal service fee rise (£70)

The Planning portal service fee was first introduced in 2018 (see our blog here) and means most planning applications are subject to a planning portal handling fee. This has been on the rise since inception and the new tax year has resulted in a further increase. The fee has risen by £6 to £70 including VAT. The Planning Portal argue it is vital to "sustainably enhance the dependable digital services that underpin the national built environment industry". You can read more here....

National Planning Policy Framework (NPPF) Update

The government has recently (19th December 2023) revised the National Planning Policy Framework (NPPF) along with issuing a written ministerial statement.Whilst there are some broad changes, the amendments primarily relate to housing development....

Newsflash: Application fees to go up 20% + "free go" submissions abolished

On 6th December 2023 increased planning application fees will take effect.Application fees in England will be increasing by 25% across the board, which will rise to 35% for major schemes.‘Free go’ resubmission applications in England will also be removed. Applications that were already eligible for a free resubmission prior to the change (i.e. before 6th December 2023) will remain able to submit a free resubmission. Application fees will rise annually, linked to inflation (and capped at...

Office and Retail to Residential Conversions (Class MA)

The General Permitted Development Order (GPDO) allows for various developments and changes of use, without the need to apply for planning permission. A relatively recent, and increasingly popular part of this legislation is Class MA, which allows for change from Class E (shops, offices, cafes, restaurants etc.) to Class C3 (residential dwellinghouses). This is subject to Prior Approval by the local authority. Simply put, this is a sort of ‘light’ planning application - it allows the Loc...

New (Small) Houses in Multiple Occupation (C4 HMOs) and Planning Permission

Historically, small HMOs (up to 6 occupants) were not distinct from regular family occupied dwellings in terms of their planning status. Until April 2010, the Use Class Order (The Town and Country Planning [Use Classes] Order 1987 [as amended]) did not include any specific classification covering HMOs. Up until that time, shared properties with up to six occupiers were not distinguished from residential properties in family/single occupancy use, and fell within the C3 dwellinghouses classif...

Lambeth Enforcement Appeal Success for WEA Planning

The alleged planning breach was the conversion of a property in the London Borough of Lambeth into two self-contained flats. Lambeth London Borough Council had issued an enforcement notice which requested the building was converted back into a single dwelling.The house had been extended following planning approval in 2015. The extension was then converted to a self-contained, one-bedroom flat without planning permission, and was occupied by a family member. The flat was later let out to a couple...

New Planning Bill Announcement

The current test for determining applications is “the determination must be made in accordance with the plan unless material considerations indicate otherwise” (S38(6) of the Planning and Compulsory Purchase Act 2004. The test will be changed, by section 83 (2) of the bill which states: “the determination must be made in accordance with the development plan and any national development management policies, unless material considerations strongly indicate otherwise.” The bill also ad...

New contemporary house in Norbiton won on appeal

Image Credit: Jameson-surveyors...

Looking back at 2021

As we are making resolutions and preparing for the year to come, while waiting for the government’s response to the consultation on the August 2020 “Planning for the Future” white paper it is time to look back at 2021 and ask: What happened in the world of planning in 2021? In September, with the cabinet re-shuffle, the Ministry of Housing, Communities & Local Government became the Department for Levelling Up, Housing and Communities, and Michael Gove MP replaced Robert Jenricks MP and is ...

London Plan has arrived

After years of drafting, examination by the Planning Inspectorate and a year of negotiations with the Secretary of State, the Mayor of London has finally adopted the new London Plan 2021 March 2nd (2021). It is worth noting, the final adoption is only two months ahead of the London Mayoral election to select the new London Mayor (delayed by one year).  The New London Plan sets the Mayor’s strategic vision for the growth of London for the next 20-25 years.  The main changes to th...

Flat conversions

Planning permission is required for the carrying out on land of any development (Section 57(1) of the TCPA 1990). Development is defined as the "carrying out of building, engineering, mining or other operations in, on, over or under the land, or the making of any material change in the use of any buildings or other land" (Section 55(1) of the TCPA 1990).  As a general rule, planning permission is not required for internal works to a building. Section 55(3) of the TCPA 1990 also specifically...

Summary of latest Permitted Development changes

Following the many announcement by the Housing Minister in the last few weeks (posted here), a summary of the new permitted development rights that have been created and when they will come into effect: Came into force 1st August 2020 Construction of up to two storeys of flats above purpose-built blocks of flats built between 1948 and 2018 under the newly created PART 20, Class A (New dwellinghouses on detached blocks of flats).  For more information click here.  To come...

Upwards extensions to homes

Following the June 2020 announcement that purpose-built blocks of flats will be able to extend upwards without applying for planning permission (insert link to News flash: Permitted Development Rights allowing two-storey upwards extensions June 25, 2020) the government published a new round of new permitted development rights set out in The Town and Country Planning (General Permitted Development) (England) (Amendment) (No. 2) Order 2020.  The first of those permitted rights ...

New Use Classes: All Change

It is probably safe to say these are most significant changes to the planning regulations in this round of amendments. The forthcoming government white paper will give us and indication as to for how long.   As part of the many changes to planning system announced by the housing minister Christopher Pincher, a reshuffle of the commercial use classes has been announced to allow for more flexibility and greater adaptability of our high streets. The new use class detailed below will come into ...

News flash: Permitted Development Rights allowing two-storey upwards extensions

News courtesy of planning resource via the housing minister Christopher Pincher, upwards extensions to purpose built detached flats are now permitted albeit via the Prior Approval process.  Though this is welcome news to allow for less interference in proposals to sensibly increase density in urban areas, the reality is a number of conditions that will preclude many. Notably:  1. Conservation Areas excluded.  2. Pre-1948 blocks excluded.  3. Recent Change of Use blocks exclud...

Coronavirus and Planning

Coronavirus has hit everyone and the current “lockdown” is going to continue for some time. Most people are working from home or are furloughed and this is no different for most Local Authority planning officers. Some restaurants are diversifying to offer delivery services where they can.  Coronavirus is a huge challenge for local government and impacts the planning system in a number of ways. Some planning officers are being considered “key workers” and some are being redeployed in...

More success in the London Borough of Islington

WEA Planning gained planning permission for the construction of a double storey rear dormer extending the first and second floors of two prominent corner properties of the Westbourne Estate in Holloway (London Borough of Islington). The Westbourne Estate was designed by renowned architect Eric Lyons. The clients contacted WEA Planning after a refused application for Certificate of Lawfulness as the unique roofshape of the two properties was deemed by LB Islington to not allow the double height d...

Building Better, Building Beautiful Commission report

The highly anticipated Building Better, Building Beautiful Commission report was finally published in January 2020. What was included in the report?  The report places a great emphasis improving the design and quality of built homes in England. The report entitled ‘Living with Beauty’ outlines the commission’s proposals to the government for a new development and planning framework.  The report highlighted throughout the importance of good quality design and providing opport...

Southwark rooftop homes

Back in September 2019, Southwark Council announced their plan for the development of Rooftop Homes to help achieve their target of building 2,500 council homes by 2022. In the longer-term, Southwark Council aims to build 11,000 brand new Council homes by 2043. The Council’s plan is to build modular homes off-site which would then be craned and installed on-site to minimise the disruption for the local residents To achieve this ambitious housing target, Southwark is considering the opportunity...

WEA Planning at Martin Goodall’s new book launch event

Thomas Tinel from WEA Planning attended Martin Goodall's event 21 November 2019. The event, held at the institute for Civil Engineers on 1 Great George Street, provided an interesting discussion on the latest changes to permitted development at the occasion of the latest update of Martin Goodall’s Permitted Change of Use. The discussion looked at the conversion of agricultural buildings into dwellings under Class Q. This was an opportunity to discuss what the case law considers to be ...

National Design Guide

In great anticipation to the planning profession, the government has finally published the National Design Guide.  The Secretary of State for Housing, Communities and Local Government Robert Jenrick, finally took centre charge of his role and one of the first things he completed on his to do list was to publish the National Design Guide, forming an integral part of the government’s collection of Planning Practice Guidance.  A main theme of the National Design Guide is “Wellbeing”...

Notting Hill roof alterations

WEA Planning gained planning permission for the installation of railings at roof level, and new rooflights for a top floor flat in a prominent property on Chepstow Crescent, Notting Hill (Royal Borough of Kensington and Chelsea). The client contacted WEA Planning after receiving a negative pre-application response from RBKC. The brief was to help find a good design solution that would be supported by the planning and conservation teams. The installation and the railings and the new openable roof...

Hammersmith and Fulham Planning Approval

WEA Planning are delighted to have obtained planning permission for a double storey rear extension and a basement extension for a terraced property on Kinnoul Road, Barons Court, Hammersmith after extensive consultation with the client team from design inception.  The applicant and WEA first met with the architect to discuss the constraints of the site and previous London Borough of Hammersmith and Fulham objections to a first floor extension.  WEA Planning then met London Borough...

Housing Secretary announcement

Speaking at the Conservative Party Conference on 30th September 2019, the Housing Secretary Robert Jenrick announced a future reform and amendments to the General Permitted Development Order (GPDO) adding to the recent changes introduced in May 2019.  This is a summary of the main changes introduced by the upcoming revision to the GPDO:...