GPDO & UCO Amendments: Guidance, Scrutiny

On 18 September 2020 MHCLG amended its guidance to take into account the amendments to the General Permitted Development Order and Use Classes Order that I have covered in recent posts.

So now we have:

⁃ Updated Planning Practice Guidance on when planning permission is needed

⁃ Updated Planning Practice Guidance on town centres and retail

⁃ Updated Planning Practice Guidance on planning application fees to reflect the new permitted development rights to build upwards

⁃ “Key fact sheets” on recent permitted development rights and changes to the Use Classes Order

The new guidance is simply explanatory and I haven’t spotted anything new as to, for instance, the circumstances in which local planning authorities should or should not restrict the operation of the Orders by way of condition.

In the meantime, there remains some Parliamentary focus on the nature of the changes.

The House of Lords Secondary Legislation Scrutiny Committee published a critical report on 10 September 2020:

“These instruments make substantial and wide-ranging changes to planning legislation. According to the Ministry of Housing, Communities and Local Government, the aim is to encourage and speed up the delivery of housing and to support the economic recovery after the pandemic, especially in relation to England’s high streets. The changes are de-regulatory and concerns have been raised that they could lead to the construction of low-quality housing, an increased concentration of fast food restaurants with an impact on the health of local residents, and reduce the ability of local authorities to shape the character of their high streets. These are issues which the House may wish to explore, including in the context of the Government’s plans for further, more fundamental reform of the local planning system which have been published for consultation. While the Committee notes the Government’s intention to support the economic recovery from the pandemic, the plans for further reform do raise the question whether it would have been more appropriate to take forward the significant and far-reaching changes made by these instruments in a future planning bill, enabling Parliament to scrutinise the changes more fully.”

My 5 September 2020 blog post Lights Camera Action: The Planning Changes – Parliamentary Scrutiny, That JR referred to the motions which Labour has tabled in response to the GPDO changes. A Commons debate is now scheduled for 30 September 2020.

Simon Ricketts, 19 September 2020

Personal views, et cetera

Author: simonicity

Partner at boutique planning law firm, Town Legal LLP, but this blog represents my personal views only.

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