Housing: Permitted Development Rights

Question

15:19:00

Asked by

To ask His Majesty’s Government what is their policy on creating additional housing units through permitted development rights.

I thank the noble Lord, Lord Crisp, for his Question and for all the work he has done on healthy homes. Under nationally set permitted development rights, a wide range of commercial and other buildings are able to change use without the need for a planning application. The Government acknowledge the concerns that exist about the quality of residential units created through permitted development rights, particularly office-to-residential conversions. We will continue to keep permitted development rights under review, and we are grateful to the National Housing Federation and the TCPA for highlighting some of the issues arising from poor-quality PD schemes.

I thank the noble Baroness for that response and for the fact that this is being kept under review. I was also pleased to hear from a government spokesman last week that there is to be “no trade-off between supply and quality” in respect of housing. However, as the noble Baroness said, PDR has a poor record. Some very good conversions are made but a large number suffer from safety and other problems. I want to ask two questions. How will the noble Baroness ensure that that poor track record is not just continued into the future? Also, in reviewing it, will she meet some of the people who have already done so and come to conclusions about it to ensure that there is indeed no trade-off between housing supply and quality?

My Lords, the Government’s aim in the delivery of the 1.5 million homes is to deliver good quality, well-designed, sustainable homes and places that everyone can be proud of. I have already met both the TCPA and the National Housing Federation, which have been campaigning on this. I am very aware of some of the poor practice that has occurred, and we will continue to advocate for the principles of good design, as set out in the National Design Guide and the National Model Design Code. As I say, we keep permitted development under review.

My Lords, it must make sense to use redundant buildings to provide good-quality accommodation for those in need, but is there not a loophole in the current fire safety regulations? These apply when a commercial building is converted into flats but not when industrial buildings or storage units are. Should we not use the Renters’ Rights Bill to close this loophole?

My Lords, the Planning Gateway One fire safety requirements apply to applications for planning permission for relevant buildings. To apply some of the principles to permitted development, there was a prior approval on fire safety impacts in 2021 that applies to class MA: commercial, business and services to residential. It is not, however, as detailed as the requirements for a planning application. For example, it does not require the completion of a fire safety form. We need to continue to look at these issues and to make sure that permitted development is completely safe from fire.

My Lords, I congratulate the Government and my noble friend the Minister on the ambitious housing targets to meet housing need. What assessment has been made of mixed funding models using private, public, and banking and hedge fund sources to construct those houses in order to provide for the great housing need throughout the country?

My noble friend makes an excellent point about funding for affordable housing. Even in a very tight budget round, the Government have allocated an additional £500 million towards affordable housing, which brings the total up to around £3 billion altogether. But we need to consider all sources of funding. I spoke to a housing investment forum in the City of London just a few weeks ago, and there is great interest in this area; and of course, we still need to look at pension funds further for local investment to drive the housing market.

My Lords, surely it is the Government’s mission to create decent homes and not the slums of the future, and I am at a loss to know why the Government are procrastinating on this. Surely it is time to insist on full planning permission for the larger schemes, or at least to revert to the regulations that were in place before 2012.

I take the noble Baroness’s point; we need to keep this continually under review. Some of the permitted development homes have been of fair quality and have provided homes for people. But we need to continue to press that all new homes delivered through permitted development rights must provide adequate light, meet nationally described space standards and be decent, fit and safe for the people who live in them. We will continue to do that. Where there are bigger schemes, equally, they must meet those requirements.

My Lords, I declare my interest as listed in the register. Running through the creation of additional housing are upcoming policy decisions on regulating embodied carbon. Can the Minister update the House on the research under way in her department, when it will report and when the associated consultation will be published?

I am grateful to the noble Lord, and for his time in meeting with me to discuss embodied carbon. We have been talking to the construction industry and to developers across the board, and there are some complex issues involved. I know the noble Lord is doing work with stakeholders as well, and I look forward to working with him further in the new year. I believe we have a meeting scheduled for early in 2025 to discuss this further.

My Lords, I declare my interest as a councillor in central Bedfordshire. To deliver the housing this country needs, we need to ensure that planning permissions and allocations are being built out in a timely manner. Yesterday, I asked the Minister whether the Government will provide local councils with adequate powers to ensure that allocated and permissioned sites actually get built, and she responded that there is a whole section on sanctions in the report. Can the Minister tell me which section that is in the NPPF, as I could find in it no meaningful additional tools being provided to councils to ensure build-out?

I thank the noble Lord and apologise for misleading him yesterday: it is not in the NPPF but in the accompanying notes. There are powers that local government can use, including completion orders and so on, to encourage developers to build out when necessary. I will provide him with a detailed written response about all the powers that are available to local government to do that.

My Lords, can the Minister tell us what steps her department is taking to ensure that enough of the homes being built under the PDR are affordable for local people in rural areas?

I thank the right reverend Prelate for that question. PDR tends to apply where there are brownfield sites to be developed because they are conversions, usually, from existing buildings. There has been a change to introduce that principle for agricultural buildings as well. I will try to get back to him with a specific answer on whether the department knows how much take-up there has been of that provision. We have made provision in the new national planning policy framework for ensuring that planning policies and decisions are responsive to local circumstances in rural areas and support housing developments that reflect local needs. That is a more general requirement. I will get back to him on whether the agricultural permitted development has had any traction.

My Lords, I refer the Minister to the issue of rural businesses—shops, in many villages, that are a vital part of the vibrancy of those communities and services—which are being converted through PDR without permission and against the will of local communities. Shops are not protected beyond one within a kilometre.

It is very important that we focus on the facilities in local areas, but this is a commercial market and where shops are not able to achieve the market they need, permitted development regulations will occur. In reviewing the PDRs, that is one of the issues we need to focus on—whether any further protections are necessary, particularly for assets such as rural assets.

Referring back to the original Question asked by the noble Lord, Lord Crisp, can my noble friend confirm that the code will include noise insulation as well as other measures that are crucial to good health, on the grounds that noise nuisance can be deeply detrimental to the well-being of individuals and lead to much anti-social behaviour?

There are a wide range of issues that we need to think about in terms of permitted development, and noise nuisance is one of them. All new homes are required to meet current building regulations, including on fire safety, irrespective of the route to planning permission. However, some building regulations differ or do not apply where homes are delivered through material change of use rather than new build. That applies whether homes are delivered through permitted development or following an application for planning permission. All these issues—noise, fire safety and so on—need to be considered in the light of permitted development regulations.