Planning - the latest on the planning powers of the Mayor of London, amendments to the GPDO and a new standard application form

Increase in Mayor's Planning Powers

On 6 April 2008 the Town and Country Planning (Mayor of London) Order 2008 comes into force. This gives the Mayor power to direct that applications for planning permission of potential strategic importance must be determined by him and not by the local authority. It also sets out situations where the Mayor may give directions to the planning authority.

Applications in the areas set out in the London Thames Gateway Development Corporation (Planning Functions) Order 2005 and the Olympic Delivery Authority (Planning Functions) Order 2006 are not affected by this Order.

Where the Mayor considers that the development proposed by an application would be contrary to the spatial development strategy or otherwise contrary to good strategic planning in Greater London, he may direct the authority to refuse the application.

Where the Mayor considers that the development may have a significant impact on the spatial development strategy, or a significant impact on more than one London Borough, he may direct that he is the local planning authority for the purposes of determining the application instead of the relevant London Borough.

The Order only applies to applications of potential strategic importance. Applications which may be caught are summarised below. For more details, please refer to the Order.

Large scale development

• More than 150 residential units
• Non residential development of more than 100,000sqm in the City, or 20,000sqm in Central London or 15,000sqm elsewhere
• More than 25m high adjoining the Thames or 150m high in the City or 30m high elsewhere
• Extensions to buildings resulting in an increase in height of more than 15m if the limits above would then be exceeded

Major infrastructure

• Mining or waste development exceeding specified limits
• Transport facilities such as an aircraft runway, air passenger terminal or bus station and/or depot
• Class B8 (warehousing) use of more than 4ha

Development which may affect strategic policies

• Loss of residential land
• Development over 4ha which would prejudice the use of land currently used for Class B (light industrial, general industrial or warehousing) purposes
• Development over 2ha which would prejudice the use of land currently used or used within the previous 5 years as a playing field
• Development on Green Belt or Metropolitan Open Land of a building of more than 100sqm or a change of use of such a building
• Development not in accordance with development plan policies for Class A (retail, food and drink), Class B (see above), Class C (residential) and Class D (assembly and leisure and non residential institutions) purposes
• Development which includes more than 200 car parking spaces (except residential)
• Specified waste disposal development or residential development adjoining such development
• Development which does not accord with policies and which is on land of more than 0.7ha used for storing buses and coaches or is used for storing more than 70 buses and coaches.

Amendments to the GPDO – Microgeneration Equipment

The General Permitted Development Order (GPDO) allows certain development to be carried out without planning permission. With effect from 6 April 2008, the GPDO is amended with a new Part 40, which allows for certain domestic microgeneration equipment to be permitted development, subject to specified conditions and limitations.
This will include:

• Installation alteration or replacement of solar equipment on a dwelling house or on a building in the curtilage of a dwellinghouse, or standalone solar equipment within the curtilage of a dwellinghouse (size and special location restrictions apply)
• Installation alteration or replacement of a ground or water source heat pump in the curtilage of a dwellinghouse
• Installation alteration or replacement of a flue as part of a biomass heating system or a combined heat and power system, on a dwellinghouse.

Standard Application Form

A mandatory standard planning application form is being introduced with effect from 6 April.
The form is designed to be used electronically although it will be possible to use hard copies. The form is accessed through the Planning Portal. The form covers applications for outline and full permission, reserved matters consent, householder consents, listed building consent, conservation area consent and advertisement consent, TPO consent, lawful development certificates, prior notifications and removal or "variation" of conditions (section 73 applications).

The form cannot be used for applications for mining operations, or use of land for mineral working deposits, nor for hazardous substance consents.

Circular 02/2008 contains advice on using the form. Annex A to the Circular sets out the national information requirements for each type of application. If these are met the application will be registered as valid.
Planning authorities may accept old forms until 6 May 2008 but from that date they will have no power to accept as valid any application not on the standard form.

This analysis was written by Jan Hebblethwaite, associate in Wragge & Co's Real Estate group.

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