48 property


New office-to-residential planning rules offer a window of


opportunity The Government’s attempts to kick-start the stalled British economy have opened up the prospect of fresh property development by slashing red tape controlling the conversion of offices into residential, writes Rosie Sterry, planner, Vail Williams LLP


The new legislation came into force on May 30, and is a window of opportunity lasting three years. Essentially it will expand permitted development rights for offices as a way of unlocking new renovation projects.


It will reduce costs, timescales and bring new value to unlet offices, giving real options to property owners looking for a way to make their investment pay.


To secure a competitive advantage from this promising opening, however, it is important to recognise the obstacles that still exist, the smartest sites to target, and the mistakes to avoid – such as rushing ahead where homes will be difficult to market.


Vital too is to understand clearly, such as through a development and building consultancy, the financial viability of the project and practical building work required.


It would be a mistake to view the changes as planning free- for-all. For example, they apply only to offices classed as B1a and there are a number of extra exemptions.


Despite the relaxation, there are six fundamental constraints that will still require normal planning permission; making use of the expert advice, experience and local knowledge such as that offered by Vail Williams will be crucial where there are still grey areas.


For example, geography is important: 17 local planning authority areas have exemptions, including several within London boroughs. Other restrictions include certain types of location unsuitable for conversion, listed buildings and scheduled monuments.


There are time restrictions too, such as for buildings to have been occupied as offices prior to the legislation. This is to


avoid sites being speculatively converted to offices with the sole intention of then switching them to residential use.


After safely navigating these obstacles the developer is required to submit prior notification to the planning authority, similar to a normal planning application, containing a publicly available written description of the proposal, a plan and fee.


The local planning authority will then assess the application’s potential impact on traffic, flooding and contamination, plus any representations by the general public, other consultees and national legislation.


The applicant should then be notified whether prior approval is required or given their prior approval. If this is not received within 56 days, then development may begin.


However, there is a grey area


Enterprise M3 welcomes opportunities highlighted by new report


At the end of April, over 80 delegates from business, local government and third-sector organisations in Hampshire and Surrey attended an event in Farnborough to hear the findings of the Enterprise M3 LEP’s commercial property market study.


Commissioned by the Enterprise M3 Land & Property Group, this unique collaboration between members of the property and development industries and public sector policymakers found that, in general, the supply of commercial and industrial property in the M3 corridor exceeds demand, although a range of different scenarios


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prevails across the area with continued pressure for change of use – for example, from office space to housing.


As well as reporting market conditions and the nature of available sites, the study’s authors looked ahead. Simon Ward of Propernomics spoke about cyclical and structural change in the office market: “Changing working practices will continue to affect office demand but the market will become polarised as firms seek higher- quality, more efficient space. Creating viable development with market appeal is the challenge that developers and planners must address together.


The implications for our built environment, including places of work, homes and town centres, as well as our economy, are profound.”


The study concluded that in the Enterprise M3 area which, according to recent research*, has the most resilient economy in England – a creative approach to land use and promoting growth would be required as the country emerges from recession, with the LEP facilitating engagement between all parties to understand business intentions and appropriate policy responses.


One of the key elements to


kick-starting development is the planning process, and this is something the LEP is addressing through the development of its innovative Planning & Development Charter. “The charter is designed to encourage all 14 local authorities in the M3 area to work towards a common set of approaches and pledges for planning applicants,” explained Matt Peachey from Woking Borough Council, who is a member of the team developing the charter. “It seeks to communicate, in a simple way, what businesses can generally expect from the process.” The draft charter is now available on the Enterprise M3 website.


* Research by Experian commissioned by the LEP Network


Details: www.enterprisem3.org.uk THE BUSINESS MAGAZINE – THAMES VALLEY – JUNE 2013


created by the new legislation instructing local planning authorities to “have regard to the National Planning Policy Framework issued by the department for communities and local government in March 2012 as if the application were a planning application”.


It remains to be seen how this will be interpreted but overall these changes are to be cautiously welcomed as a fresh way to bring new value to locations and properties that fit the bill.


For more information about Vail Williams LLP, please visit www. vailwilliams.com


Details: Rosie Sterry 07887-627931 rsterry@vailwilliams.com www.vailwilliams.com


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