Local councils and national government in dispute over Permitted Development

Four local councils attempted to restrict Permitted Development rights in their areas, but met government resistance. What does this mean to you? Let’s find out more.

Four councils in England recently attempted to remove commercial property Permitted Development rights in their jurisdiction. However, in all cases, the Secretary of State used its powers to stop or dilute these proposals. If you’re a commercial property landlord considering using Permitted Development to modify your properties, these events could impact your plans. 

In this article, we’ll look at Permitted Development and the restrictions these four councils wanted to enforce. Finally, we’ll look at why having an experienced commercial property lawyer in your corner is essential whenever you want to make alterations to your units.

What is Permitted Development?

The government introduced new Permitted Development Rights in England in August 2021. Under these rules, commercial property landlords can convert units previously restricted to commercial use only into residential homes without going through the planning permission process. Rather than obtaining full planning permission, landlords only need to get prior approval from the local council.

Certain conditions must be met to make use of Permitted Development, such as the unit being unoccupied for three months before the landlord makes the application. There are also rules around the sizes of the units that can be converted and how large the bedrooms must be in the new residential properties.

The 2021 Permitted Development rights aim to get more homes built in England, as well as to make better use of previously unoccupied spaces in city and town centres. However, opponents believe it could lead to the demise of the traditional English high street.

Why the councils opposed Permitted Development

In the recent case mentioned at the start of the article, four councils attempted to remove Permitted Development rights in areas under their jurisdiction. Specifically, they made Article 4 directions under class MA to the General Permitted Development Order. 

In the view of these councils, it was right to remove Permitted Development rights to protect commercial buildings from being changed to residential properties, thereby diminishing the status of their town centres.  

The government response

For each case brought by the councils, the Secretary of State used its overrule to restrict or remove the proposals. For example, Hertsmere Council had six out of thirteen cases overruled entirely. 

The Secretary of State’s office stated that with safeguards in place for the residential properties that would be built (around size and inoccupation), there was little justification for removing Permitted Development rights.

It’s clear that Permitted Development is a vital component of the government’s housing strategy. Therefore, it will fight any attempts to derail it.

Implications for commercial landlords

If you’re a commercial property landlord with empty units in your portfolio, you may be considering turning them into residential units. However, if the council attempts to stop your modifications, it could take much more time than you initially allocated to the project. It will also lead to lost earnings as your units remain empty while you resolve the case.

In this situation, having an experienced property lawyer in your corner is worth its weight in gold. They’ll explain the Permitted Development process in plain English, and complete and submit all the necessary documents. Then, if there are any bumps in the road, they’ll protect your interests and ensure you get the outcome you need. 

Whatever you’re planning for your commercial property, don’t do it alone. Talk to your solicitor straight away.

Find out more from Couchman Hanson

At Couchman Hanson, our solicitors genuinely care about getting the best outcome for you. We’re highly professional, with ‘city’ level talent and experience, but also friendly and welcoming. Everything we do fits with our values of integrity, honesty and authenticity.

Call 01428 774756 or visit couchmanhanson.co.uk