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Monday 29 July 2013

Two London Boroughs Launch Judicial Review Against Controversial Office to Residential Planning Law

The flagship Tory borough Richmond-Upon-Thames have joined Islington in legally challenging the new planning powers which allow developers to convert offices to homes without planning permission. These two boroughs have so far seen the greatest number of applications for the scheme. The action already has financial support from Tower Hamlets and it is thought that other boroughs may contribute to the challenge through a dedication of financial resources. 

James Murray, Islington Council's executive member for housing and development has commented that the permitted development plan "Is not right for Islington... We have started the legal process to try and overturn the government's changes... There's a real danger that small offices across the borough will be lost to private housing, and tower blocks will have as many flats as possible crammed into them". 

The new planning law stipulates that former office space can be converted to residential units without the need for planning permission, with no obligation to provide affordable housing, negotiate Section 106 agreements, or make provisions for transport or amenity. Replacing the process of applying for planning permission, developers must instead apply to councils for prior approval, at which stage the local authority can refuse, triggering an appeal to the Secretary of State.

The uptake by developers of the new permitted development rights have perhaps been more than expected; the Government said it expected between 85 and 175 office applications for prior approval over 2013-2014, while in reality there have been almost 130 applications just two months into the scheme.

Planning Minister Nick Boles has defended the legislation arguing: "Our planning reforms are delivering badly need new homes on brownfield sites". 

An interesting article discussing the debate over the likely success of the policy can be found at Planning Blog.
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