Permitted development rights endangering historic assets and climate goals

Much of England has long suffered from a prolonged scarcity of housing, which has consequently led to a rise in property prices as well as a generational split between those who can afford to own a property and those who cannot. Permitted development rights facilitate certain types of building work to be carried out without applying for planning permission. Image Credit: Nicholls Architecture The fault partially lies with the complexities of the planning system that has gone through many transformations since the launch of the Town and Country Planning Act back in 1947. Until this year, local plans aimed at supporting councils to create new homes were taking up to 7 years to be agreed. This was only generating approximately 187,000 new homes a year, well below the UK government target of 300,000. Instead of revising existing planning laws, PM Boris Johnson proposed a comprehensive revamp last October, as documented in the Planning for the Future white paper. Following this, in April this year, The Ministry of Housing, Communities and Local Government outlined a new concept called permitted development rights. The Town and Country Planning Order 2021 came into force automatically granting planning permission for change of use from commercial and business use (Class E) to residential (Class C3). Boris Johnson's Economic recovery speech PM Boris Johnson’s pledge to “build back better” includes permitted development rights. Image credit: HM Government Permitted development rights facilitate certain types of building work to be carried out without applying for planning permission. The rights also apply to commercial properties as well as residential properties. From Victorian pubs to art deco buildings, local authorities are home to a plethora of heritage assets that are the focal points of community identities. It is imperative therefore to preserve these heritage treasures so that they can be enjoyed by current and future generations. Those who are part of the heritage sector are concerned that the new rules may allow historic buildings to suffer at the hands of ruthless developers. Part of the white paper has been heavily criticised due to the placement of land into one of three categories: 
  • “growth” areas suitable for substantial development, where outline approval for certain types of development would be automatically secured;
  • “renewal” areas suitable for some development
  • “protected” areas where development is restricted
But where do historic buildings fit in? They cover both designated and non-designated assets, and include scheduled monuments, parks, and UNESCO World Heritage sites. To categorise structures that are sited in different areas of cities, towns, and countryside is not easy and failure to do so properly could damage how areas are regenerated. The three-tiered zoning approach has been criticised by heritage experts due to ambiguity about the potential impacts on historic buildings. Some non-designated heritage buildings are just as important as designated ones as they can contain architectural detailing inside or out. Changes could be made in these equally important structures which are irreversible and the details lost for ever. Permitted Development rights fast tracking the demolition of buildings such as the disused Brandon Station in Suffolk How could heritage buildings such as the derelict Grade II Listed Brandon Station in Suffolk end up thanks to permitted development rights? Image Credit: SAVE Britain’s Heritage  Some heritage organisations are worried that an increase in automatic and in-principle approvals, such as those proposed in growth areas, could lead to a surge in demolition. This is because the effect on historic buildings would be challenging for councils to fully anticipate and assess at plan-making stage. Escalating demolition and upping the construction of new builds, as opposed to re-using existing buildings, increases embodied carbon associated with the material’s manufacture and construction activity. This could jeopardize the built environment’s support to UK climate goals. “SAVE Britain’s Heritage remains concerned about the increasing number of permitted development applications being used for demolition schemes involving historic buildings. Brandon Station in Suffolk, Minley Manor Farm in Hampshire, Longmeade School in Surrey, Solent Flower Mills in Southampton, Careham Hall, in Durham, and Garway School in Herefordshire are some of the cases we have been alerted to recently. We are seeing this route being used to bypass the requirements and scrutiny of a full planning application. It’s a loop that needs closing fast.” Henrietta Billings, SAVE Britain’s Heritage The diverse and differing nature of historic buildings also seems to work against a more formulaic treatment. It has led to many calling on the government to consult further and develop more detailed proposals. For the moment, designating an Article 4 direction can restrict permitted development rights when further control of development in a conservation area is deemed appropriate to preserve its special character and appearance. But not all of Article 4 applies to land/building location within a conservation area – it only serves to provide local councils with more control. Conservation advice is critical to help protect the historic environment, yet according to the latest figures from IHBC, specialist conservation provision in local councils has fallen by around half (48.7%) since 2009 and 6% of departments currently have no access to advice.  With many conservation teams notably short-staffed, critics of the white paper have questioned how they can meet the needs defined, such as support development of local plans within a new 30-month deadline (down from 7 years) and speed up planning approvals. How the government ultimately decides to add clarity to what they have set out will hopefully relieve heritage sites of the ambiguity surrounding their retention or reuse. The new Secretary of State, Michael Gove is widely expected to pause the planning changes outlined in the white paper, and review them before deciding how to proceed. It is hoped that Gove will spearhead a rational approach to ensure that housing targets are met while guaranteeing that England’s historic buildings are protected for future generations to come.

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