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Planning Permission

Answer

The information is as follows:

Modification or cancellation

Since May 2010, the Secretary of State for Communities and Local Government, my right hon. Friend the Member for Brentwood and Ongar (Mr Pickles), has not modified or cancelled any article 4 direction made by a local authority. The power is there, but it is a reserve power. By contrast, under the last Administration, the permission of the then Secretary of State was required to confirm article 4 directions.

Compensation

Local authorities are not required to notify my Department when compensation proceedings are taken against them. However, I am unaware of any successful claims for compensation. I would note that it is possible in certain circumstances for councils to limit their liability to pay compensation if they issue a non-immediate direction. Ministers in this Administration have repeatedly pointed out that councils can issue such non-immediate directions since 2010: so there has been plenty of opportunity for councils to issue these powers in the meantime.

Hot food/takeaways

There are no permitted development rights that would allow the change of use of a premises to hot food/takeaways (A5 use).

A2 use class (financial and professional services)

Payday lenders and betting shops both fall within the broader A2 use class. In the last two years the Department has been notified of the following article 4 directions which remove permitted development rights, including A2.

Local planning authority	Permitted development right removed
Yorkshire Dales National Park	Changes of use rights from agriculture to flexible uses, including A2 introduced by Class M of the 2013 amendment to the General Permitted Development Order.
London Borough of Islington	Temporary, flexible use rights, including A2 introduced by Class D of the 2013 amendment to the General Permitted Development Order.
London Borough of Barking and Dagenham	Change of use rights from A3 (restaurants and cafes), A4 (drinking establishments) and A5 (hot food/takeaways) to A2 uses.
London Borough of Southwark1	Two directions: The first removed change of use rights from A3 (restaurants and cafes), A4 (drinking establishments) and A5 (hot food/takeaways) to A2 uses. The second removed temporary, flexible use rights, including A2 uses introduced by Class D of the 2013 amendment to the General Permitted Development Order.
1 Formal notification awaited.

Secondary information

Type

Written question

Reference

182940; 573 cc614-5W

Session

2013-14

Subjects

Compensation Permitted development rights

Contains statistics

Yes

Link

View this Written question on www.publications.parliament.uk