Agenda item

To confirm and sign the minutes of the meeting held on 29 July 2020.

Consideration was given to the minutes of the meeting held on 29 July 2020.

It was moved by Councillor D Harrison, seconded by Councillor J Legrys and

RESOLVED THAT:

The minutes of the meeting held on 29 July 2020 be approved and signed by the Chairman as a correct record.

The Chairman advised Members that Councillor J Legrys had submitted the following question:-

‘Changes to the Use Classes Order 

 HMG published the Town and Country Planning (Use Classes) (Amendment) (England) Regulations 2020. These came in to force on 1 September 2020.  

Use classes A, B and D no longer exist. A new class E (commercial, business and service) has been created. This subsumes A1 (shops), A2 (financial and professional services), A3 (restaurants and cafes) and B1 (business). Other parts of Class B –(B2) Industrial processes other than those falling with use Class B1, and (B8) Storage and Distribution – remain unchanged.  

• I ask if the current Local Plan remains in force until the Partial Review Inspector makes any changes? 
• If the Amendment Order of 1^st September 2020 demands class changes from that date; What transitional arrangements to the current Local Plan are being made?  
• How will the Planning Class changes affect planning decisions made by Committee/Officers but not yet been given formal Planning Approval/Notice?’

The Chairman thanked Councillor J Legrys for submitting the question and invited officers to respond.

The Planning Policy Team Manager advised that the Local Plan was unchanged, but the changes to the Use Classes Order would override anything in the Local Plan, as they were national regulations. The Local Plan review would need to address any changes arising from the revised Use classes Order and indeed the Inspector at the Partial Review Examination had asked a question about this, but at this time, there was only a limited need for any changes. 

The Head of Planning and Infrastructure advised that there were no applications reported to Planning Committee waiting for a decision where a condition on restricting changes of use under the Use Classes Order was recommended. If there were any delegated decisions or S106 agreements affected, officers would assess any decision before issue to make sure there were no previously unforeseen impacts in terms of permitted development changes of use, new under Class E.

He also advised that the updated When is planning permission required?guidance included several new paragraphs, including the new paragraph 021b which was titled: Do the changes made to the Use Classes Order in September 2020 cut across the requirements of pre-existing planning conditions or pre-existing planning obligations?

He noted that the guidance said that the "recent regulations do not override any existing planning conditions or planning obligation which specifically prohibits a new use. However, in considering an application for the discharge, modification or removal of conditions limiting changes of use within any of the expanded classes of use, the local planning authority should have regard to the new regulations and the advice in this guidance.

Councillor J Legrys thanked officers for the responses and asked if the class changes effected the five-year land supply issue, which would be in continuance if and when, the Planning White paper was passed by Westminster.

The Planning Policy Team Manager confirmed the changes to the Class Uses Order would have no implications on the five-year land supply, as they did not deal with housing.