I suspect that that forms the bulk of them but I shall endeavour to get that information.
Permitted development rights are making a real difference in providing homes in town centres, rural areas and brownfield sites, supporting our housing delivery ambition. We should welcome that permitted development rights provide that opportunity.
I thank the noble Lord, Lord Kennedy of Southwark, and my noble friend Lady Cumberlege for Amendment 14, which seeks to prescribe those matters which must be considered by the local authority as part of the prior approval process in any future permitted development rights that allow change of use to residential. When new permitted development rights are designed we work to ensure that any matters that we think require the consideration of the local planning authority are included in the prior approval contained within that right. Certain criteria have to be considered in this prior approval process for the change from office to residential, and these include some of the matters contained in the proposed amendment.
Four matters that have to be considered on office-to-residential prior approvals are: transport and highways impacts of the development; contamination on the site; flooding risks on the site; and the impact of noise from commercial premises on the intended occupiers of the development when it shifts, as is proposed, to residential. So they are tailored to consider those specific points. We recognise that in all cases of change of use to residential, the prior approvals that are set out are important. However, this is not necessarily true of all the other proposed prior approvals in the amendment.
The current approach to permitted development certainly simplifies matters—it cuts out some of the bureaucracy and helps in relation to costs for the applicant and the local authority. Amendment 44 covers some of the same territory but is wider. It was tabled initially by the noble Lord, Lord Porter of Spalding, who is not in his place, but was ably spoken to by my noble friend Lady Cumberlege and supported by other noble Lords. In the Government’s view the proposal is far too wide. There will be exceptional circumstances where a national permitted development right is not appropriate in a particular location. This is why an effective process to allow local planning authorities to remove permitted development rights already exists. The noble Lord, Lord Tope, referred to this and said that it had made a difference. To be fair, he said that he had hoped it would have gone further but that it has made a difference. As noble Lords will acknowledge, this is true in some of the areas that are hardest hit.
I have been listening carefully. There are issues relating to change from office to residential which have had an impact in some communities on the availability of commercial premises. That is undoubtedly true. The noble Lord, Lord Tope, spoke of his personal experience and made reference to the experience of my noble friend Lord True, who is not in his place, who raised this issue in relation to Richmond.
Article 4 provides part of the answer but obviously fairness demands that those affected are given an opportunity to be heard, that they are given notice
and that they are compensated where necessary. However, I am pleased to offer the reassurance that the Article 4 process gives planning authorities the flexibility to withdraw rights in exceptional circumstances, while ensuring the fair treatment of those affected if they are not able to pursue the development. I accept that there is a concern more generally about these issues, and although I believe that these amendments—particular Amendment 44—go far too far in requiring consideration across the board without being properly targeted, I acknowledge that there is an issue that should be looked at. That point was well made. However, as I said, these amendments go far too far.
I am not sure about the point that was raised concerning cumulative impact, and I suspect that that will be very difficult to define. I do not think it is recognised in planning law but I will investigate that. I think that challenges of cumulative impact would arise depending on how large the area was and so on, but I do not think that it would be easy to tackle.
I would like to reflect on what has been said in Committee today and, without prejudice to the outcome, to go away and perhaps speak to other noble Lords who cannot be here, such as my noble friends Lord Porter and Lord True, as well as others. I shall be very happy to have an open door to discuss this matter but, in the meantime, and with the reassurance that I have given, I ask the noble Lord, Lord Kennedy, to withdraw the amendment.
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