Permitted Development Rights

Housing, Communities and Local Government Committee Closed Inquiry
Opened: 23 Mar 2021 Closed: 23 May 2023 Parliament page
The aim of this short inquiry is to examine the Government’s recent and proposed changes to permitted development rights in respect of large-scale development, commercial-to-residential conversions and changes of use between different types of commercial and retail premises. In particular, the inquiry will explore their role in supporting economic growth … Read more
7 Recommendations
7 Conclusions
1 Report
3 Oral sessions
4 Letters
3 Events
Activity timeline 9 events
27 Jun
2023
Correspondence
23 May
2023
Report published
28 Feb
2023
Correspondence
26 Apr
2022
Correspondence
22 Jul
2021
Report published
6 Jul
2021
Correspondence
16 Jun
2021
Oral evidence
7 Jun
2021
Oral evidence
17 May
2021
Oral evidence
Oral evidence sessions 3 sessions
16 Jun 2021
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Oral evidence
Rt Hon Christopher Pincher MP · Ministry of Housing, Communities and Local Government Simon Gallagher · Ministry of Housing, Communities and Local Government
7 Jun 2021
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Oral evidence
Ben Southwood · Policy Exchange Dr Ben Clifford · Bartlett School of Planning, University College London John Myers · YIMBY Alliance Matthew Davis · Institute of Place Management Ojay McDonald · Association of Town and City Management Sarah Bevan · London First
17 May 2021
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Oral evidence
Cllr Rachel Blake · Local Government Association Ian Fletcher · British Property Federation James Wickham · London Property Alliance John Bibby · Shelter Mark Tufnell · Country Land and Business Association (CLA) Mark Worringham · Reading Council
Title HC No. Published Items Response
Third Report - Permitted Development Rights HC 32 22 Jul 2021 14 Responded
Recommendations & Conclusions
14 results
1 Conclusion Not Addressed
Third Report - Permitted Developme…
The Government’s recent changes to the use class system and the introduction of the class...
The Government’s recent changes to the use class system and the introduction of the class MA permitted development right are a continuation of the policy of successive governments since 2013 of using PDR to speed up housing delivery. We understand … Read more
Government Response
The government reiterates its belief in the important role of permitted development rights for housing, renewable energy, and high streets, stating they reduce bureaucratic burdens and support brownfield development. It does not address the committee's concern about the PDR regime's complexity.
Ministry of Housing, Communities and Local Government
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2 Conclusion Not Addressed
Third Report - Permitted Developme…
To date, the Government has not explained how its PDR regime fits within the wider...
To date, the Government has not explained how its PDR regime fits within the wider planning system or its proposed reforms in the planning White Paper. In particular, the recent extensions to permitted development appear to contradict the increased focus … Read more
Government Response
The government defends the continued role of permitted development rights as an important delivery tool for housing and high streets, and for reducing burdens on local authorities. However, it does not directly explain how the PDR regime fits within the wider planning system or addresses the concerns regarding contradictions with plan-led development, local democratic involvement, or the lack of community consultation on PDR schemes.
Ministry of Housing, Communities and Local Government
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3 Recommendation Rejected
Third Report - Permitted Developme…
We recommend the Government pause any further extensions of permitted development rights for change of...
We recommend the Government pause any further extensions of permitted development rights for change of use to residential, including the new class MA right, which is due to take effect on 1 August, and conduct a review of their role … Read more
Government Response
The government rejects the recommendation to pause and review permitted development rights, asserting their continued importance as a delivery tool for housing and other sectors, reducing bureaucratic burdens. It reiterates its commitment to PDRs, including future extensions, and mentions the upcoming requirement for local design codes through the Levelling Up and Regeneration Bill.
Ministry of Housing, Communities and Local Government
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4 Conclusion Accepted in Part
Third Report - Permitted Developme…
The prior approval process is the principal mechanism by which local planning authorities can control...
The prior approval process is the principal mechanism by which local planning authorities can control permitted development in their areas, and we welcome the recent inclusion of more criteria, but we are concerned about its increasing complexity and the consequent … Read more
Government Response
The government acknowledges local authority resource and complexity challenges with prior approval. It states it has consulted on fee increases for prior approval and is working with stakeholders to develop interventions to build capacity and skills within local planning authorities. It also commits to considering appropriate prior approvals when framing any new permitted development rights.
Ministry of Housing, Communities and Local Government
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5 Recommendation Accepted in Part
Third Report - Permitted Developme…
As we have already recommended, the Government should review the role of permitted development rights...
As we have already recommended, the Government should review the role of permitted development rights in the planning system. As part of that review, it should consider how to amend the prior approval process to both simplify it and give … Read more
Government Response
The government acknowledges local authority resource and complexity challenges with prior approval. It states it has consulted on fee increases for prior approval and is working with stakeholders to develop interventions to build capacity and skills within local planning authorities. It also commits to considering appropriate prior approvals when framing any new permitted development rights, but does not commit to a broader review of PDRs or to simplifying the existing prior approval process.
Ministry of Housing, Communities and Local Government
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6 Conclusion Rejected
Third Report - Permitted Developme…
Local councils should be able to protect certain areas from permitted developments rights where they...
Local councils should be able to protect certain areas from permitted developments rights where they have legitimate concerns about the impact on town centres, high streets and commercial centres. We welcome the amendment to the proposed changes to the National … Read more
Government Response
The government defends its current policy on Article 4 directions, stating the higher threshold for their application relating to residential change of use supports high street regeneration. It explains that compensation liability for withdrawn permitted development rights is set by primary legislation, and the 12-month notice period is a common practice to mitigate this, thus rejecting the call for councils not to incur compensation or wait.
Ministry of Housing, Communities and Local Government
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7 Recommendation Not Addressed
Third Report - Permitted Developme…
The Government should clarify why it considers it necessary to amend paragraph 53 of the...
The Government should clarify why it considers it necessary to amend paragraph 53 of the National Planning Policy Framework, and set out how the new wording addresses the issues it is seeking to resolve. In addition, we recommend that the … Read more
Government Response
The government defends its amendment to paragraph 53 and the new Class E, stating they support diversification and housing delivery. It explains that compensation for Article 4 directions is common practice due to primary legislation but does not commit to allowing faster application without compensation or monitoring the effectiveness of paragraph 53 as requested.
Ministry of Housing, Communities and Local Government
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8 Recommendation Accepted in Part
Third Report - Permitted Developme…
We broadly welcome the new use class E, as we can see the advantages of...
We broadly welcome the new use class E, as we can see the advantages of greater flexibility, but it should not permit development to bypass the sequential test or risk the loss of medical centres. As we have already recommended, … Read more
Government Response
The government defends Class E's flexibility regarding sequential tests but notes a proposed review of town and out-of-centre development. It claims existing rights already provide protection for health centres and nurseries through local prior approval, addressing part of the recommendation without committing to specific amendments.
Ministry of Housing, Communities and Local Government
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9 Conclusion Rejected
Third Report - Permitted Developme…
We support the Government’s aim of revitalising our high streets and town centres, but we...
We support the Government’s aim of revitalising our high streets and town centres, but we are concerned that the new class MA right could undermine attempts to do so. The current requirement that properties need only have been vacant from … Read more
Government Response
The government defends the Class MA permitted development right, stating it supports thriving high streets and prevents empty premises, citing the two-year rule to prevent gaming. It rejects extending ground-floor protections beyond conservation areas, arguing it would make the process too onerous.
Ministry of Housing, Communities and Local Government
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10 Recommendation Rejected
Third Report - Permitted Developme…
The Government should either extend the vacancy period or devise a test that can be...
The Government should either extend the vacancy period or devise a test that can be applied to properties to make sure they are not still viable as class E premises. It should consider the most appropriate vacancy period or test … Read more
Government Response
The government rejects amending the prior approval process for Class MA rights, stating the current system balances support for high streets and prevents gaming, and that further changes would create an undue burden. It does not address the recommendation to extend the vacancy period or devise a new viability test.
Ministry of Housing, Communities and Local Government
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11 Conclusion Acknowledged
Third Report - Permitted Developme…
When compared to the overall number of new homes being delivered, it appears that permitted...
When compared to the overall number of new homes being delivered, it appears that permitted development rights have made a contribution to the supply of new homes, although the precise number is difficult to calculate given the likelihood that some … Read more
Government Response
The government defends the continued role of permitted development rights in housing delivery and reducing planning burdens, stating that new PDRs will undergo careful consideration. While acknowledging the importance of good design and placemaking, it refers to the Levelling Up and Regeneration Bill's requirement for local design codes rather than outlining specific actions to address existing concerns about poor quality and unsuitable location of homes delivered via PDR.
Ministry of Housing, Communities and Local Government
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12 Recommendation Acknowledged
Third Report - Permitted Developme…
As already recommended, the Government should pause any further extensions of permitted development, including the...
As already recommended, the Government should pause any further extensions of permitted development, including the new class MA right, which is due to take effect on 1 August, and conduct a review of all PDRs for change of use to … Read more
Government Response
The government indicates it will not pause further extensions of permitted development rights (PDRs) or commit to a comprehensive review, but continuously keeps them under review. It asserts existing measures cover inappropriate locations and natural light, while deeming changes for housing mix too complex for immediate implementation, deferring them for future review.
Ministry of Housing, Communities and Local Government
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13 Conclusion Accepted
Third Report - Permitted Developme…
Housing delivered under permitted development can have as great an impact on local infrastructure and...
Housing delivered under permitted development can have as great an impact on local infrastructure and the delivery of services as housing built through the full planning process. It should therefore contribute to the cost of offsetting its negative impact. The … Read more
Government Response
The government states the new Infrastructure Levy framework is in the Levelling Up and Regeneration Bill, with detailed design to be delivered via regulations and a 'test and learn' approach. It confirms a consultation is underway to determine if and how the Levy could apply to permitted development rights, directly addressing the committee's concerns about scope and timeline.
Ministry of Housing, Communities and Local Government
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14 Recommendation Accepted in Part
Third Report - Permitted Developme…
Whatever the Government’s long-term plans for permitted development and the Infrastructure Levy, we recommend it...
Whatever the Government’s long-term plans for permitted development and the Infrastructure Levy, we recommend it legislate as soon as possible to ensure that permitted development contributes towards the cost of providing the infrastructure and affordable housing needed to offset any … Read more
Government Response
The government is addressing the recommendation through the Levelling Up and Regeneration Bill, which establishes a framework for the new Infrastructure Levy. It is currently consulting on the detailed design of the Levy, including whether it will apply to permitted development rights, to ensure contributions towards infrastructure and affordable housing.
Ministry of Housing, Communities and Local Government
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Government Response AI assessment · 14 of 7 classified
Accepted 1
Accepted in Part 4
Acknowledged 2
Not Addressed 3
Rejected 4
Total 7 recs + 7 conclusions
Correspondence 4 letters
27 Jun 2023 To committee Letter from the Chair to the Minister of State for Housing and Planning dated 26 June 2023 concerning the Government's response to the Committee's report on Permitted Development Rights
Parliament page
28 Feb 2023 To committee Letter from the Chair to the Secretary of State dated 27 February 2023 concerning the Government's response to the Committee's report on Permitted Development Rights
Parliament page
26 Apr 2022 To committee Letter from the Minister for Housing to the Chair dated 19 April 2022 concerning Government responses to the Committee's reports on the Future of the Planning System in England and Permitted Development Rights
Parliament page
6 Jul 2021 To committee Letter from the Minister for Housing to the Chair dated 30 June 2021 concerning the Minister's appearance before the Committee on 16 June in connection with the inquiry into Permitted Development Rights
Parliament page