SAC contributions and PD for office to residential - Public forum - Planning Advisory Service (PAS)
SAC contributions and PD for office to residential
My Authority is within the zone of influence of a SAC. We are expecting a prior notification to convert offices to 12 no. flats. Does anyone have a mechnism in place or experience of this situation which would allow us to impose SAC financial contrubtions on something that is PD as required by the European Habitats Regulations.
Hi Sue, I work for an authority that is under the SPA designation and have recently dealt with a Class J application for 63 units.
The Permitted Development Order 2013 is an amendment to the Town and Country Planning (General Permitted Development) Order 1995. Article 3(1) of the 1995 Order indicates:
"Subject to the provisions of this Order and Regulations 60 to 63 of the Conservation (Natural Habitats, & c.) Regulations 1994(1) (general development orders), planning permission is hereby granted for the classes of development described as permitted development in Schedule 2..."
Regulation 73 of the Conservation of Habitats and Species Regulations 2010) (which replaced Regulation 60 of the 1994 Regs.) indicates that:
"It is a condition of any planning permission granted by a general development order, whether made before or after 1 April 2010, the at development which is likely to have a significant effect on a European site...and is not directly connected with or necessary for the management of the site must not be begun until the developer has received written notification under Regulation 75 (approval of the local planning authority) [of the 2010 Regs]".
As such, if the LPA has assessed the proposal on the transport / highways impact of the development, contamination risks and flooding risks on the site and concludes that it would not have a significant impact on these factors then prior approval is therefore not required on condition that :
The development shall not be begun until the developer has received the written notification of the approval of the Local Planning Authority under Regulation 62 of the Conservation (Natural Habitats etc.) Regulations 1994 (amended by Regulation 73 of The Conservation of Habitats and Species Regulations 2010).
Reason: To comply with Regulation 60 of the Conservation (Natural Habitats etc.)Regulations 1994 (amended by Regulation 73 of The Conservation of Habitats and Species Regulations 2010.
In making an application under Regulation 73 of the Habitats Regulations, the applicant would have to adhere to the mitigation strategy that the LPA has in place (Natural England would have agreed this strategy) which, in my experience, would involve the completion of a Unilateral Undertaking which secures the financial contribution you make reference to.
However, because regulation 74 states:
(1)Where it is intended to carry out development in reliance on the permission granted by a general development order, application may be made in writing to the appropriate nature conservation body (Natural England) for their opinion as to whether the development is likely to have a relevant effect….
It may be useful to obtain standing advice from Natural England in respect of Class J prior notifications to avoid consulting them on everyone that your LPA receives. I understand Natural England are willing to do so if there is an agreed mitigation strategy in place.
I believe once a UU has been completed, an appropriate assessment can then be undertaken. Given that there is a mitigation strategy in place the AA should be relatively simple, and would conclude that the harm of the development can be mitigated by reason of the completed UU securing contributions. A letter can then be issued to the applicants advising them that the Habitat Condition has been satisfied.