What Next For Urban Communities? Key Takeaways From The Land Use Conference Part 1

Earlier this month (October 2022), Landmark Chambers hosted its inaugural Land Use Conference with the aim of bringing together cross-sector expertise in planning, property and environmental law to discuss recent and emerging trends in planning policy and practice. The opening remarks by The Rt. Hon. Lord Carnwath CVO highlighted how many of the issues faced today mirror those from 50 years ago, a truth unlikely to change soon given the PM’s recent promise to scrap all remaining EU laws by the end of 2023. Nevertheless, the day’s discussions served as a reminder of the impacts that political uncertainty and legislative upheaval can have on the planning landscape.

Despite the shadow of doubt, the Conference revealed several insightful takeaways for the planning and property sector, which our senior planner, Aaron Henecke has distilled into a short blog series. For the first of these, on Permitted Development Rights (PDRs), read on…

“Barristers, Paul Brown KC & Miriam Seitler’s talk on PDRs began by looking back at their history, which they note has evolved from first inception in 1947. At that time, PDRs existed to enable small-scale development that was reasonably expected to be permitted by a Council, whereas now they can comprise quite contentious and politically-charged ‘rights’ for complex development. Nowhere is this better exemplified than by the recent Part 20 PDRs for the construction of additional storeys for dwellinghouses.

“These rooftop PDRs present a number of potential challenges for landowners and developers to be aware of – before, during and after the completion of any such development. These include issues related to:

• Airspace Rights – Who owns them and to what extent?
• Contract Terms – Expressed or implied terms restricting or prohibiting rooftop development? Right to Manage conflicts?
• Leasehold / Tenancy Rights – Potential infringements on right to quiet enjoyment? Rights of first refusal of any new dwellings created?
• Party Wall & Rights to Light Negotiations

“In our experience, each Council is considering the new Part 20 applications differently, and knowing which design approach, technical requirements and consultant reports may be needed is equally critical.

“Furthermore, many of these considerations can also apply to more traditional PDRs for changes of use, such as the new Class MA PDR for conversions of Class E units to residential. For instance, there may be covenants or terms within leases which restrict changes of use.

“If you’d like further advice or assistance with PDRs, contact me on [email protected] to discuss.”