On 30 June 2020, the Prime Minister announced that the Government will be bringing forward “the most radical reforms of our planning system since the end of the second world war”. It is expected that these reforms will come into effect by September 2020, with the Government due to publish further details in a policy paper later this month.
In the meantime, the Government has provided some preliminary guidance within a press release which followed the Prime Minister’s speech.
- How will the reforms affect property owners?
- The effect of reforming the Use Classes Order
- Are there any exceptions to the proposed reform?
- Conversion of Commercial Property to Residential Accommodation
- An increasing trend
- Fast-track permissions for residential extensions
- In-depth expertise
The Government announced that it intends to provide ‘total flexibility’ to owners of commercial property to change certain uses of premises without having to concern themselves with planning permission. The example given by the Government was a building used for retail, that would be able to be permanently used as a café or office without requiring any planning application.
The removal of these requirements will be of interest to landlords looking to let their properties, and it will be a welcome relief to any tenants who are planning to assign their lease in the near future.
It will essentially broaden the pool of potential tenants/assignees and maximise the likelihood of finding an assignee which is acceptable to a landlord.
Conversely, businesses who are looking to take on new leases will benefit from the removal of this obstacle as it will allow them to consider a wider range of potential properties, both without the costs and time involved in making a planning application and without the risk of any such planning application being refused.
The Government has caveated these reform proposals, citing ‘other uses’ which are outside the scope of these changes. No exhaustive list was provided, but the examples of pubs and libraries were given as those which will not be able to freely change their use.
We will likely have to wait for the Government’s policy paper later this month to see what other types of use will still be bound by the planning legislation as it stands today.
The Government announced that a wider range of commercial buildings will be allowed to convert to residential use without the need for a planning application. In addition, builders will not be required to apply for planning to demolish commercial buildings and re-build them as residential accommodation.
The Lockdown’s detrimental impact on an already struggling High Street, as well as many businesses viewing remote working as the way forward, are both factors leading the Government to expect more vacant shop and office units in the near future. It is therefore not surprising that the Government is now looking to make it easier for vacant buildings to be re-purposed for residential purposes.
The conversion of commercial property to residential accommodation has been an increasing trend over recent years, driven by a fierce increase in demand. The Government clearly intends to continue this trend, and the proposed reform will be of interest to many developers.
Conversions to residential accommodation can be a very profitable venture for a landlord, especially if they are having difficulty locating a suitable tenant and are faced with the prospect of vacant units over a prolonged period.
It is not just owners of commercial buildings who will benefit from the Government’s planned reforms, as it was further announced that there will be a new ‘fast-track’ process to obtain permission to build extensions above residential blocks.
Whilst the details of this process are not yet known, this will surely be of interest to freehold owners of blocks of flats who are looking to build additional storeys.
Here at Tees we specialise in commercial property and land deals, renewable energy, telecommunications, plus commercial leases and property portfolio management. With 7 partners and 17 lawyers in our top-tier Legal 500 commercial property practice, you can be sure our ability is second-to-none.
If you need help and advice on any aspect of your property dealings, call us today.
Chat to the Author, Aaron Cane
Executive Partner, Brentwood officeMeet Aaron
- Areas of expertise
Mark Arrowsmith [Gilcris LLP]
Over the past 5 years, Aaron Cane assisted us on the sale of a development site in east London. Aaron and his team worked tirelessly to ensure that the sale got over the line and his advice and support has been greatly appreciated. I couldn't have asked for a better solicitor.
Legal 500 UK 2021
"Aaron Cane is the very top of the list. Superior excellence in his knowledge of commercial property – he looks after his clients and is very much in demand. "