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C - item 5 - Use Classes Order 1987 Review

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					                                                                         ITEM

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City Of Westminster
City Development      Date:                 Title of Report:
Overview and            3/12/01             Use Classes Order –
Scrutiny Committee                          Review
Classification: General Release             Report of the Director of
                                            Planning and
                                            Transportation

Wards Involved              All wards

Policy Context              Planning & Licensing Performance Plan
                            2001/2002
                            Aim 4. A city that works for its residents
                            Priority 3. Provide a safe well regulated
                            environment
Financial Summary           There are no financial implications

Report Author               Bill Hodgson - Policy Manager
                            (Strategy) 020-7641-2747

Summary of This Report
This report summarises the City Council’s activity in lobbying for changes to
the Town and Country Planning (Use Classes) Order 1987 over the past 12
years. It presents the recent proposals put forward by the consultants
commissioned by the Department of Transport, Local Government and the
Regions (DTLR) for a review of the Use Classes Order and of Part 4 of the
General Permitted Development Order (GPDO) dealing with temporary uses.
It outlines the previous representations by the City Council on similar
proposals and the views of officers on these proposals. It sets out the likely
timetable for the publication by the Government of its proposals for the
revision of the UCO and the GPDO.

Recommendations
       (a)        That the views of the City Development Overview and
                  Scrutiny Committee on the DTLR consultants’ proposals for
                  the review of the Use Classes Order and of Part 4 of the General
                  Permitted Development Order (GPDO) and on the City
                  Council’s representations to date be conveyed to the Cabinet
                  Member for City Development.



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      (b)       That the City Development Overview and Scrutiny
                Committee considers the Government’s own proposals for
                the amendment of the Use Classes Order and of Part 4 of
                the General Permitted Development Order (GPDO), when
                they are published for consultation, and conveys its views to
                the Cabinet Member for City Development in order to inform
                the City Council’s response to that consultation.


1.    BACKGROUND INFORMATION

1.1   In order to simplify the planning process and to make it more
      manageable the Town and Country Planning (Use Classes) Order
      1987, groups together uses into ‘Use Classes’. The Use Classes Order
      (UCO) is a Statutory Instrument issued by the Secretary of State.
      Changes from one use to another within the same Use Class do not
      count as development and thus do not need planning permission.
      There are some uses that do not fall within any Use Class; these are
      usually termed “sui generis uses” or uses on their own. The Use
      Classes Order was last revised comprehensively in 1987 and has had
      some relatively minor amendments since that time.

1.2    The General Permitted Development Order (“GPDO”) permits some
      changes, which constitute development, to take place without planning
      permission since it defines these changes as “permitted development”.
      One of the aspects of the GPDO is permitting certain changes between
      Use Classes to take place without planning permission; another is
      allowing temporary use of land for limited periods of time. (See
      Appendix 1 and 6 for summaries of the relevant provisions of the
      current UCO and GPDO).

1.3   The City Council has taken an active role over many years in pressing
      for reviews of the Use Classes Order. These included sponsoring a
      Local Bill in 1990 that would have reintroduced the need for planning
      permission for light industry to change to office use. Leave to
      introduce this Bill was withheld on the basis that the problems it
      referred to were more widely experienced than just in London. The
      statement from Government in June 1991, following their first review of
      the Order, was that although the Order remained unchanged it would
      monitor the situation and commission further research in on the effects
      of the Order 3 to 5 years time.

1.4   To tie in with this timescale, in 1994 the City Council commissioned
      WS Atkins to research into the effects of the B1 and A3 Use Classes in
      Westminster. The outcome of this research was reported to the
      Planning and Transportation Committee on 17 July 1995. On 18 June
      1996, the Planning and Environment Committee received a report on
      proposals for the comprehensive review of the Use Classes Order by
      the National Planning Forum (NPF); a joint local authority body with
      some outside representation. The City Council broadly endorsed the


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      NPF’s proposals including the reintroduction of the distinction between
      light industry and office use and splitting of the A3 Use Class into bars
      and pubs; take-away premises; and restaurants and cafés. The City
      Council took the view that sandwich bars and coffee shops should
      remain as A1 retail uses but be subject to clear guidance as to the
      extent of seating and cooking. This was to prevent the establishment of
      full-bodied A3 use in existing sandwich bars and coffee shops when
      any such revised Order came into effect. The City Council also took
      the view that theatres and public halls should not be included in the D2
      Use Class and also had concerns over the proposed treatment of
      hostels in the NPF’s proposals.

1.5   The continuing message from Government in response to
      representations was that it would need evidence of real problems from
      a wide range of authorities before agreeing to a review or change to
      the Use Classes Order. Therefore, the City Council contributed its
      experience and its research findings to the then London Planning
      Advisory Committee and Association of Metropolitan Authorities and
      latterly to the Local Government Association in their efforts to secure a
      review of the Use Classes Order.

1.6   In July 1998, the Government announced that it would undertake a review
      of the Use Classes Order in its Transport White Paper – ‘A New Deal for
      Transport: Better for Everyone’. The City Council again took the
      opportunity to present its concerns directly to Government. In December
      1999, the Department of Transport Local Government and Regions
      (DLTR) commissioned Baker Associates (in association with Imperial
      College) to undertake a review of the Use Classes Order. The City Council
      played an active part in the review by responding to questionnaires, writing
      to the consultants setting out the City Council’s concerns and experiences
      and offering case studies and City Council officers attended briefings and
      seminars on the study. Most recently, on 27 September 2001, City Council
      officers were invited, along with officers from a few other local authorities
      together with leading leisure consultants and representatives of national
      associations and interest groups, to a seminar organised by the DTLR.
      This was for the Consultant’s to present their findings and
      recommendations and for the DLTR to receive views on the study and its
      recommendations. Strong representations were made on aspects of the
      Consultants’ recommendations as are reflected in this report.


2.    The DTLR Consultants’ Recommendations
2.1   The DTLR consultants’ report considered the UCO and the permitted
      development provisions of the GPDO that are related to the Use
      Classes and to the temporary use of open land. The existing UCO and
      GPDO provisions and the consultant’s proposals are summarised in
      the tables in Appendices 2 to 6, which have been extracted from their
      report. These are considered in turn below.



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      ‘A’ Use Class ( See Appendix 2)
      ‘Aa’ Use Class ––Services to visiting members of the public
2.2   The consultants have proposed a new ‘Aa’ Mixed Retail Use Class.
      This comprises the sale or provision of goods and services to visiting
      members of the public - without any limitation on size. These services
      include financial and professional services. They also propose that the
      sale of food and drink for consumption on the premises up to a
      maximum of 100 square metres Gross Lettable Area is within the same
      Use Class.

2.3   At the DLTR seminar City Council officers expressed concerns about
      removing the need for planning permission to change any retail shop to
      services to for visiting members of the public. Apart from the test of
      the services being to ‘visiting members of the public’, there would be
      no need for, for example, banks, building societies, bureaux de change
      and possibly, some solicitors and accountants to obtain planning
      permission to occupy any retail shop.

2.4   The proposed Aa Use Class would seriously undermine UDP policies
      that seek to retain premises in shopping frontages for the retail sale of
      goods and which attempt to stop the clustering of non-retail uses. It is
      important to protect the retail function and character of shopping
      frontages, to ensure their continued vitality and viability and to serve
      Westminster’s residents, workers and visitors.

2.5   There is continuing pressure to change retail shops to other uses.
      Local authorities (and some landlords) have sought to keep prime
      shopping frontages in retail use and striven to prevent the clustering of
      services with “dead frontages” that are not of interest to the passing
      shopper. It is already difficult to retain a level of A1 retail shop units in
      designated shopping centres and frontages against pressure from
      other ‘town centre’ uses such as sandwich bars, internet cafés,
      international telephone call shops, etc. Financial services, in particular,
      have considerable financial leverage in ensuring that they gain plum
      sites. Given that central London is a magnet for services of all types,
      this proposal to combine A1 and A2 uses in the same Use Class may
      well result in the loss of retail shops where there is a strong demand
      for services; particularly those that cater for a visitor market. e.g.,
      bureaux de change, international phone centres and Internet cafés.

2.6   Although, in recent years, the demand for shop front premises from A2
      financial uses has decreased, there can still be very dynamic growth in
      new types of services. This may need to be steered away from some
      shopping frontages or parts of frontages and therefore the need for
      planning permission should be retained.

      ‘Aa’   Use Class – Shops under 100 sq. metres Gross Lettable Area




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2.7    The proposal to allow retail shops with less than 100 square metres of
       Gross Lettable Area to switch to restaurants, cafés and bars is very
       radical. Merging these uses into one new ‘town centre use’ would
       allow, for example, a shoe shop to change to a bar, pub or restaurant,
       albeit below 100 square metres in size. However, even small bars,
       pubs and restaurants can cause problems, particularly where a
       number of such small scale uses are concentrated close to residential
       properties. In some mixed-use areas in Westminster, where residents
       live directly above or immediately adjacent to retail premises, this
       would cause enormous amenity problems especially as pubs and
       restaurants operate late into the evening, unlike the majority of A1
       uses. A concentration of such uses would have a detrimental impact
       on the amenity of residents over a wider area as customers leaving
       these premises disperse in the evenings at pub closing time or later at
       night.

2.8    At present, potential amenity problems associated with new A3 uses
       can be ameliorated by the imposition of conditions such as controlling
       hours of operation, limiting hours of servicing, restricting the playing of
       music and imposing requirements to install sound insulation. This
       control would not be possible if the consultants’ recommendations
       were adopted as there would be no need to obtain planning permission
       to change units of under 100 square metres Gross Lettable Area. This
       proposal would have particular impact in Westminster where there is
       strong demand for such uses.

2.9    ‘Gross Lettable Area’ is not a generally recognised term. The measure
       recommended by the Royal Institution of Chartered Surveyors to be
       used in the commercial valuation and letting of shops as is Net Internal
       Area. The measure commonly used in planning is Gross Floor Area
       and includes the width of external walls, etc. Gross Floor Area can be
       up to some 30% greater than Net Internal Area. There are some 4,300
       shop units of under 130 square metres Gross Floor Area in
       Westminster, including those already be in some type of service use.
       Units of this size form 45% of all shop units in Westminster, 40% of
       shop units in the Central Activities Zone and 51% of those outside it.

2.10   There are areas and centres in Westminster that contain a high
       proportion of shop units of this size e.g. Soho (47%) Queensway
       (51%), Westbourne Grove (32%), and St. Johns Wood High Street
       (59%). Given the demand for bars, cafés and restaurants it is probable
       that there would be very significant growth of in the existing clusters of
       these uses and that new clusters would rapidly become established.
       This recommended change to the UCO would undermine the City
       Council's planning policies; both those that aim to control the further
       intensification entertainment uses in the Stress Areas and those that
       aim to protect local shopping facilities.

2.11   The consultants’ recommendation to allow these changes for units of
       under 100 square metres of Gross Lettable Area takes no account of


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       the fact that the splitting-up and amalgamation of units does not
       require planning permission. There would be every incentive, therefore,
       to acquire a series of small units, or to split up a larger unit, then to
       change each unit to a bar, restaurant or café and then amalgamate
       them.

2.12    This proposal thus allows the circumvention of the consideration by
       local planning authorities of applications for small bars, restaurants and
       cafés and thus the attachment of planning conditions that are often
       considered necessary to be placed on such permissions for them to be
       granted. e.g. conditions on hours of operation, opening shop fronts and
       ventilation plant, etc.

2.13   The DTLR’s consultants have expressly adopted the principle that size
       is a good indicator of impact. This is not the case in and around city
       centres and tourist areas; small units can operate at very high volumes
       and subsequently have a relatively high impact. It is likely that
       operators would quickly adopt a format for small units of under 100
       square metres Gross Lettable Area relying on frequent deliveries. The
       small bars in many continental cities and resorts operate in this way.

2.14   The large numbers of visitors in central London and the high public
       transport accessibility of the whole of the City makes almost any centre
       attractive to bar, restaurant and café operators wishing to serve the
       metropolitan market. The returns from this market are generally
       considerably higher than the retailing of goods or providing services to
       local residents. It is anticipated that this proposal would have marked
       effect on centres throughout Westminster.

       ‘Aa’Use Class Internet cafés
2.15   The consultants propose that Internet cafés should be included in a
       new town centre use class. However, they would be more appropriately
       classified as sui generis uses.

2.16   The phrase "Internet café" is inherently ambiguous, and possibly
       includes primary cooking. The primary use might be for Internet access
       (Class A2, to be Aa), or it might be the consumption of food on the
       premises (Class A3, to be Ab), or a mix of the two uses where neither
       predominates.. Given that the proportions of these uses may vary from
       one Internet café to another, they should be treated as sui generis
       uses.

       ‘Aa’Use Class - Deregulatory effect
2.17   The deregulatory effect of the proposed Aa Use Class would run
       counter to the concerns commonly expressed by residents and others
       over the effects of growth of services and loss of retail shops. Any
       reduction in workload the number of applications is likely to be very
       substantially offset by dealing with residents and others who would feel
       aggrieved about changes that would be permitted under the proposed
       Aa Use Class.


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       Ab Use Class – Restaurants and Cafés
2.18   The City Council has in the past expressed support for the National
       Planning Forum’s proposals, which were similar to the consultants’
       recommendations to group those uses where the primary purpose is
       the consumption of food on the premises into a Use Class that is
       separate from those where the primary purpose is the consumption of
       alcohol.

       Ab Use Class – Sandwich bars and coffee shops
2.19   The DLTR’s consultants propose the inclusion of all sandwich bars and
       coffee shops of over 100 square metres Gross Lettable Area in the
       new ‘Ab’ Use Class along with restaurants and bars. There has been a
       rapid growth in the number of sandwich bars and coffee shops in
       Westminster and they are represented in prime shopping streets.
       Sandwich bars and coffee shops can operate in ways that resemble a
       Class A3 café use but, as their business is primarily for the sale of cold
       food to take away or for the consumption of hot drinks on the
       premises, they can operate from any Class A1 premises under the
       present Use Classes Order.

2.20   Rather than include all sandwich bars and coffee shops in a new Use
       Class for consumption of food on the premises as is proposed by the
       consultants, it has been City Council’s view that it would be better for
       the Government to set out criteria which would enable local planning
       authorities to determine whether particular sandwich bars and coffee
       shops fell within class A1 or A3. For example, it may be appropriate to
       define the following as characterising Class A3 uses:
          The provision of more than a given number of seats (ten is
           suggested), or use of more than a quarter of the trading area for
           seating, whichever is the greater;
          More than a fifth of customers eating on the premises;
          The offer of a different range of food to customers who eat on the
           premises;
          The provision of hot food to more than 10% of customers;
          The primary cooking of food (i.e. the application of heat to raw
           ingredients).

2.21   The implications of the consultants’ proposals are that the sandwich
       bars in the West End, including larger ones on Oxford Street and
       others in the Stress Areas, could convert to restaurants without
       planning permission and the ability to apply suitable planning
       conditions. This could undermine West End shopping functions and
       add to the problems associated with entertainment uses in these
       areas. There is anecdotal evidence that operators are approaching the
       City Council about changing the use of retail units to sandwich bars so
       that they can convert into restaurants if the proposed changes to the
       UCO come into effect.



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       Ac Use Class – Public Houses, Bars and Nightclubs
2.22   The consultants propose the grouping of those uses where the primary
       purpose is the consumption of alcohol on the premises into a separate
       Use Class from those where the primary purpose is the consumption of
       food on the premises, They also propose that nightclubs should be
       included in this Use Class.

2.23   The City Council has in the past expressed support for the National
       Planning Forums’ proposals, which were similar to the consultants’
       recommendations. While welcoming the grouping of those uses where
       the primary purpose is the consumption of alcohol on the premises into
       a separate Use Class from those where the primary purpose is the
       consumption of food on the premises, it is felt that nightclubs should
       not be included in this Use Class.

2.24   Nightclubs operate at very different times and intensities to pubs and
       bars. Nightclubs cause amenity problems due to the large numbers of
       people queuing to enter and leaving late at the same time, sometimes
       in the very early hours. Furthermore, nightclubs operate very
       differently to pubs or bars – they have more music, their customers
       come form a wider catchment area they operate when there is very
       little public transport – thus generating more traffic particularly taxis
       and minicabs. The transport effects are not amenable to control
       through licensing regimes. It is considered, therefore, that nightclubs
       should be a ‘sui generis’ use, so that planning considerations can be
       fully taken into account.

       Ab Use Class – Hot Food Take-Aways
2.25   The DLTR consultants are proposing the sale of hot food for
       consumption off the premises (i.e. ‘hot food take-aways’) being
       classified separately (i.e. as a sui generis use). The City Council has
       previously supported making the sale of hot food for consumption off
       the premises a Use Class. The effect of making it a sui generis use
       provides greater control and in theory would enable the distinctions to
       be made between types of take aways e.g those that provide a
       substantial delivery service.

2.26   Hot food take-aways have amenity effects in the immediate vicinity –
       people congregating, late operating hours, litter. Some have traffic and
       parking effects especially those that provide a delivery service. This
       proposal would enable the Council to control the change of use of a
       café or restaurant to, for example, a pizza delivery service. There will
       need to be guidance on the treatment of premises that provide hot
       food sales both to eat on the premises and to take away. The major
       fast food burger chains are obvious examples, but other restaurants
       and cafés also provide food to take away.

2.27   The removal of permitted development rights allowing the change of
       premises for motor sales to A1 shops will have little effect in
       Westminster.


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       ‘B’ Use Classes ( See Appendix 3)
2.28   The consultants propose the placing offices and research facilities in a
       separate Use Class from clean industrial processes. This is in effect
       the splitting up the existing B1 Use Class.

2.29   The City Council also has a long standing and major concerns over the
       operation of the B1 Use Class in Westminster. The 1987 UCO has
       resulted in the loss of light industrial (B1(c) premises such as traditional
       workshops (e.g. tailoring and jewellery trades) as well as modern
       studios (e.g. for the making of film, video and sound recordings and
       post production facilities) to B1(a) office use. This is despite the City
       Council’s efforts to support such uses around Savile Row, Soho and
       Covent Garden and the inclusion of a special policy area in the UDP
       which was supported by the inspector at the last UDP inquiry.

2.30   The space used for modern studio and post film production is distinctly
       different from office floorspace in terms of its special adaptation and
       the low density of occupation. The City Council supports, therefore,
       the consultants’ recommendation that B1(c) uses be made a separate
       Use Class. This would help to secure the future of these important
       economic activities which contribute to the capital’s and the nation’s
       economic success and to the mix of uses and character of central
       London.

2.31   The consultant’s recommendations propose the allowing industrial
       premises of under 235 square metres to be put to storage use as
       permitted development. They have also proposed that storage
       premises of under 235 square metres can similarly be changed to
       office use. This provides a way for industrial premises to pass to office
       use without planning permission. In the Creative Industries Special
       Policy Area in the UDP, where industry is protected and encouraged, it
       is estimated that over 70 % of industrial premises are of this size.

       C Use Classes( See Appendix 4)
2.32   The consultants propose the C1 Use Class covering ‘Hotels and
       Boarding Houses should remain unchanged. There is no discussion of
       an “aparthotels“. The issue of self-catering remains unclear and it is
       disappointing that the opportunity to clearly define uses in this class
       has not been taken.

2.33   Any changes that are proposed to this Use Class must be carefully
       framed to ensure that it does not affect the legal position established in
       the House of Lords that the definition of the C3 Use Class (dwelling
       houses) does not supersede the GLC (General Powers) Acts of 1973
       and 1983. That is, that the letting of a dwelling in Greater London for
       periods of less than 90 days requires planning permission.




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       D Use Classes( See Appendix 5)
2.34   The consultants’ propose that nightclubs be identified as distinct from
       the other uses in the D2 Use Class. However, including them in the
       same proposed Use Class as those uses where the primary purpose is
       the consumption of alcohol on the premises could raise problems. For
       example, a public house in a residential area could become a
       nightclub. A nightclub could become a large all day drinking venue.
       Comments on this proposal are made in Paragraphs 2.23.and 2.24

       Temporary uses( See Appendix 6)
2.35   The Consultant’s report recommends the amendment of the General
       Development Order to remove the provisions to allow the use of land
       for periods of 28 or 14 days without planning permission. This proposal
       is principally aimed to deal with abuses of the existing provisions by
       switching the piece of land involved after the prescribed period.

2.36   To require planning permission to hold any event on open land will
       have major implications for some planning authorities. Temporary uses
       on private land are not generally a problem in Westminster as virtually
       all such open land is within the curtilage of a building and permission is
       therefore already required. The major open spaces are either owned
       by the City Council or are the Royal Parks that are exempt from the
       formal need for planning permission. There is a requirement to consult
       the local planning authorities on developments that would otherwise
       need planning permission. The Royal Parks Agency has not in the
       past consulted the City Council in its role as the local planning authority
       on events held in the Royal Parks. This is presumably as these events
       take place on less than 28 days a year in total.



3.     Financial Implications
3.1    This report has no financial implications.

4.     Legal Implications
4.1    The Changes to the Use Classes Order and the General Permitted
       Development Order can be undertaken by way of a Statutory
       Instruments without primary legislation but nevertheless they determine
       the legal framework for the consideration of all planning applications.

5.     Outstanding Issues
5.1    DLTR officials have drawn on the consultants’ report and on views that
       they canvassed upon it and have worked up some draft options for the
       revision of the Use Classes Order and the GPDO. These are now the
       subject of internal discussion between government departments. The
       intention of the DLTR is that there will be a full consultation on options
       for revision of the UCO and GPDO. The consultation document is now



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                expected to be published in January. DLTR officials suggest that
                representations on the review of the Use Classes Order will be most
                appropriate when the Government has published its options. The
                recommendations as made by the consultants will not necessarily be
                reproduced in any one of the consultation options. The DLTR would
                prefer to receive representations on the options rather than at this
                stage but may find information on the likely effect of the revisions to
                the UCO and GPDO in Westminster useful.

       6.       Conclusion
       6.1      This report recommends that the Committee’s views on the DTLR
                consultants’ proposals and on the City Council’s representations to
                date be conveyed to the Cabinet Member for City Development and
                that it considers the Government’s proposals when published and
                conveys these views to the Cabinet Member for City Development.

                Background Papers

                The documents used or referred to in compiling the report were: -
                Review of the Use Classes Order and Part 4 of the GPDO
                                                 September 2001                HMSO
                Land Use Survey Data            unpublished                  WCC
                Report and Minutes Planning and Transportation Committee 7 July 1995
                Report and Minutes Planning and Environment Committee 18 June 1996

                         If you have any queries about this report or wish to inspect
                         any of the background papers, please contact Bill Hodgson on
                         020 7641 2747, e-mail: bhodgson@westminster.gov.uk.

                                                                                      APPENDIX 1
  Summary of the current provisions of the UCO and GPDO
Use Classes Order     Description                                                      General Permitted
1987                                                                                   Development Order
A1 Shops              Shops, retail warehouses, hairdressers, funeral directors,       No permitted change
                      travel and ticket agencies, post offices, dry cleaners, etc      except to A1 plus single
                      Pet shops, cats-meat shops, tripe shops, sandwich bars           flat
                      Showrooms, domestic hire shops, funeral directors
A2 Financial &        Banks, building societies, estate and employment                 Permitted change to A1
Professional Services Professional and financial services, betting offices             where a ground floor
                                                                                       display window exists
A3 Food and Drink       Restaurants, pubs, snack bars, cafés, wine bars, takeaways,    Permitted change to A1
                        shops for sale of hot food                                     or A2



Sui Generis             Shops selling and/or displaying motor vehicles                 Permitted change to A1

                        Launderettes, taxi or vehicle hire businesses, amusement       No permitted change
                        centres, petrol filling stations



                                                                                               30
 B1                   (a)Offices, not within A2                                           Permitted change to B8
 Business             (b)Research and development, studios, laboratories, high tech       where no more than
                                                                                          235m2
                      (c) light industrial
B2 General Industry   General industrial                                                  Permitted change to B1
                                                                                          or B8 B8 limited to no
                                                                                          more than235m2
 B8 Storage or        Wholesale warehouse, distribution centres, repositories             Permitted change to B1
 Distribution                                                                             where no more than
                                                                                          235m2
 Sui Generis          Any work registerable under the Alkali, etc works Regulation        No permitted change
                      Act, 1906
 C1 Hotels            Hotels, boarding and guest houses                                   No permitted change
 C2 Residential       Residential schools and colleges                                    No permitted change
 Institutions         Hospitals and convalescent/nursing homes, residential care
                      homes for those with learning disabilities where a level of
                      care is provided.
 C3 Dwelling Houses   Dwellings, any number of persons living together as a family,       No permitted change
                      small businesses at home, communal housing of students,
                      elderly and those with learning difficulties of no more than 6
                      persons
 Sui Generis          Hostel                                                              No permitted change
 D1                   Places of worship, church halls
 Non-Residential      Clinics, health centres, creches, day nurseries, consulting         No permitted change
 Institutions         rooms
                      Museums, public halls, libraries, art galleries, exhibition halls
                      Non-residential education and training centres
 D2                   Cinemas, music and concert halls                                    No permitted change
 Assembly and
 Leisure              Dance, sports halls, swimming baths, skating rinks,
                      gymnasiums
                      Other indoor sports and leisure uses, bingo halls, casinos
 Sui Generis          Theatres                                                            No permitted change




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APPENDIX 2

Current ‘A’ Use Classes
                                                  Use Classes
A Uses                                                           GPDO 1995
                                                  Order 1987
Sale of goods and cold food, retail                              No change of
warehouses, hairdressers, travel and ticket                      use without
                                                      A1
agencies, post offices, domestic hire shops,                     permission
                                                     Shops
funeral directors, dry cleaners                                  except to A1
                                                                 plus single flat
Professional (excluding health and medical
                                                       A2        Change to A1
services) and financial services (banks and
                                                   Financial     only if there is
building societies), other services appropriate
                                                      and        a ground floor
in a shopping areas where the services are
                                                  professional   display window
provided principally to visiting members of
                                                    services     allowed
the public
Sale of food and drink for consumption on
                                                      A3
premises, e.g. in restaurants, pubs, cafes and                   Change to A1
                                                   Food and
wine bars; shops for sale of hot food to be                      or A2 allowed
                                                    drink
taken away
Shops selling or displaying motor vehicles for                   Change to A1
sale                                                             allowed
                                                   Sui generis
Launderettes, taxi businesses, car hire                          No change of
businesses, filling stations, scrapyards                         use permitted




                                                                                    32
Consultants’ Recommendation for Proposed ‘A’ Use Classes
                                                 Revised Use
 A Uses                                          Classes         Revised GPDO
                                                 Order
 Sale or provision of goods and services to
 visiting members of the public including
       sale of goods and cold food, including
          through warehouse clubs
       financial and professional services
                                                      Aa         Change to Aa
          (including the sale of access to
                                                    ‘Mixed       plus single flat
          internet services) excluding health
                                                  Retail’ Uses   allowed
          and medical services
       sale of food and drink for
          consumption on premises, and
          including sandwich shops, subject to a
          maximum GLA of 100 sq m
 Sale of food and drink primarily for
                                                      Ab
 consumption on the premises, but including                      Change to Aa
                                                 Restaurants
 sandwich shops, where the GLA of the                            allowed
                                                   and Cafes
 enclosed floorspace is greater than 100sq m
 Sale of drink and food for consumption on            Ac
 premises where the primary purpose is the          Public
                                                                 Change to Aa
 sale and consumption of alcoholic drink         Houses, Bars
                                                                 and Ab allowed
 (including nightclubs) where the GLA of the          and
 enclosed floorspace is greater than 100sq m      Nightclubs
 Shops for the sale of hot food to be taken                      Change to Aa
                                                  Sui generis
 away (including drive-throughs)                                 and Ab allowed
 Shops selling or displaying motor vehicles for                  No change of
                                                  Sui generis
 sale                                                            use allowed
 Launderettes, taxi businesses, car hire                         No change of
                                                  Sui generis
 businesses, filling stations, scrapyards                        use allowed




                                                                                    33
                                                          APPENDIX 3

Current ‘B’ Use Classes
                                                   Current Use
 B Uses                                            Classes        GPDO 1995
                                                   Order 1987
 (a) Offices other than financial and
                                                                  Change to B8
 professional services provided for visiting
                                                                  (only up to
 members of the public                                 B1
                                                                  235sq m of
 (b) Research and development                        Business
                                                                  floor space)
 (c) Other industrial processes appropriate in a
                                                                  allowed
 residential area
                                                                  Change to B1
                                                       B2         or B8 (only up
 General industrial, not within B1                   General      to 235 sq m of
                                                    Industrial    floor space)
                                                                  allowed
 Storage or distribution centres                                  Change to B1
                                                        B8
                                                                  (only up to 235
                                                    Storage or
                                                                  sq m of floor
                                                   distribution
                                                                  space) allowed
 Work registerable under Alkali etc, Works                        No change of
                                                    Sui generis
 regulation Act                                                   use permitted


Consultants’ Recommendation for Proposed New ‘B’ Use Classes
                                               Revised Use
 B Uses                                        Classes     Revised GPDO
                                               Order
 Offices other than financial and professional      Ba     Change to B8


                                                                                    34
 services provided for visiting members of the    Offices and    (only up to
 public Research and development                     R&D         235sq m of
                                                                 floor space)
                                                                 allowed
                                                                 Change to B8
                                                     Bb
                                                                 (only up to 235
 Clean production processes                         Clean
                                                                 sq m of floor
                                                  production
                                                                 space) allowed
                                                      B2
                                                                 Change to Bb
 General production processes                      General
                                                                 allowed
                                                  production
                                                                 Change to Ba
                                                      B8         and Bb (only up
 Storage and Distribution                        Storage and     to 235 sq m of
                                                 distribution    floor space)
                                                                 allowed
 Work registerable under Alkali etc, Works                       No change of
                                                  Sui generis
 regulation Act                                                  use allowed

                                                        APPENDIX 4

Current ‘C’ Use Classes
                                                 Use Classes
 C Uses                                                          GPDO 1995
                                                 Order 1987
 Hotels, boarding and guest houses, provided          C1         No change of
 that care is not provided                          Hotels       use allowed
 Residential accommodation for provision of
 care, e.g. old age homes                              C2
                                                                 No change of
 Residential schools and colleges and training    Residential
                                                                 use allowed
 centres                                          Institutions
 Hospitals and nursing homes
                                                                 Subdivision of
                                                                 dwelling houses
 Dwelling houses for individuals, families and        C3
                                                                 into two or
 up to six individuals living as a single          Dwelling
                                                                 more dwelling
 household                                          houses
                                                                 houses not
                                                                 allowed



No changes proposed ‘C’ Use Classes




                                                                                   35
                                                          APPENDIX 5


Current ‘D’ Use Classes
                                                   Use Classes
D Uses                                                             GPDO 1995
                                                   Order 1987
Clinics, health centres, crèches, day nurseries,
day centres, consulting rooms (not attached to
doctor’s house)                                          D1
Museums, libraries, art galleries, public and           Non        No change of
exhibition halls                                     residential   use allowed
Non-residential schools, colleges and other         institutions
educational centres
Public worship or religious instruction
Cinemas, dance and concert halls
                                                        D2
Swimming pools, skating rinks, gymnasiums                          No change of
                                                     Assembly
Other indoor and outdoor sports and leisure                        use allowed
                                                    and leisure
uses, bingo halls, casinos
Theatres, amusement arcades and centres, fun                       No change of
                                                    Sui generis
fairs                                                              use allowed




Consultants’ Recommendation for Proposed D’ Use Classes
The only change proposed is to identify nightclubs as a category of use
different from dance halls, and to include nightclubs within the
definition of the use of premises for the consumption of alcohol over the
100 sq ms GLA threshold.



                                                                                  36
                                                      APPENDIX 6

Current Temporary Uses (Class B)
 Permitted         GPDO 1995
                                   Restrictions
 Development       provisions
                                   Development is not permitted by Class B
 Class B. The use                  if:
 of any land for                        a. the land in question is a building
 any purpose for                             or is….
 not more than 28                       b. The use of the land is for a caravan
 days in total in                            site
 any calendar                           c. The land is, or is within , a site of
 year, of which no      B1                   special scientific interest and the
 more than 14                                use of the land is for: -
 days in total may                      i. A purpose referred in paragraph
 be for the                                  B.2(b) or other motor sports:
 purposes referred                      ii. Clay pigeon shooting; or
 to in paragraph                        iii. Any war game, or
 B.2, and the                      (d) the use of the land is for the display of
 provision on the                  an advertisement
 land of any                       The purposes mentioned in Class B above
 moveable                          are:
 structure for the                      a. the holding of a market;
 purposes of that       B2
                                        b. motor car and motorcycle racing
 use.                                        including trials of speed, and
                                             practising for these activities.




                                                                                   37
                                  In Class B, "war game" means an enacted,
                                  mock or imaginary battle conducted with
                                  weapons which are designed not to injure
                                  (including smoke bombs, or guns or
                                  grenades which fire or spray paint or are
                        B3
                                  otherwise used to mark participants), but
                                  excludes military activities or training
                                  exercises organised by or with the
                                  authority of the Secretary of State for
                                  Defence.


The proposal is that the temporary use provisions be removed for all
temporary uses currently under Class B of Part 4 GPDO, and be replaced
with a requirement that events organisers seek a planning permission for a
site on which they might wish to hold activities from time to time. The planning
authority could then grant planning permission for suitable sites, subject to
conditions about the number, type and scale of activities and about how
events should be organised and operated.

The effect of this proposed change could be softened if there could be a
means of defining a level of activity that would be de minimis for the purposes
of this provision. One route might be to establish that carrying out any use for
one day did not require planning permission. This would absolve many
innocuous or desirable activities from the need for planning permission.
However, it could still enable some uses with a very high impact to occur, and
by a succession of such events with a slight variation in form or location to
avoid any planning control.




                                                                              38

				
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