Comment

Welsh Government Consultation Document Briefing

The Welsh Government is currently consulting on potential changes to use classes and permitted development rights in Wales. The proposed changes will affect those with an interest in various types of commercial property. The consultation concludes on 24 August 2018.

The key changes to each Order proposed by the consolidation are summarised below:

Changes to Use Classes Order (UCO)

1. Beauty Salons (and associated uses) will be categorised as Use Class A1 (Retail).

2. Betting Offices will be removed from Use Class A2 (Financial and Professional Services) and classified as a ‘unique use’, previously known as Sui Generis.

3. Use Class A3 (food and drink) will be divided into individual use classes, similar to the Use Classes Order in England:

• A new use class will be created for hot food takeaways (Use Class A5).
• Potential for restaurants and takeaways with drive-through facilities to be classified as the same use class as hot food takeaways (Use Class A5).
• Restaurants and public houses will be grouped (Use Class A4).
• A new use class for café and sandwich bar use (Use Class A3). It is suggested such uses will be restricted to operating between the hours of 6am and 7pm.

4. Re-numbering of Use Class B8 (storage and distribution) to B3 (no significant change in definition of the class).

5. Opinion is sought whether nightclubs and retail warehouse clubs (e.g. Costco) should be classified as a unique use.

6. Opinion is sought if any other change to the Order is required.

Changes to General Permitted Development Order (GPDO)

1. Removing the need for approval of the Welsh Ministers for all Article 4 Directions made by Welsh local planning authorities. Article 4 Directions restrict the scope of permitted development rights (PDR) within a defined area or restrict a particular type of development within a local authority. Two forms of Article 4 Directions would be introduced; immediate directions and non-immediate directions. Immediate directions would only be used to withdraw a small number of PDR.

2. PDR to be removed from Houses in Multiple Occupation.

3. Prohibition of permitted changes of use from a new Use Class A4 (restaurants and drinking establishments).

4. New PDR to change from Class A5 (hot food takeaway) to A1 (shops), A2 (financial and professional services), A3 (café and sandwich bars) and A4 (restaurants and drinking establishments). There would be no PDR for change of use to A5 from any other use.

5. Extension of PDR to allow development of two flats (previously only one) with a betting office as part of a mixed A1 or A2 use, above ground floor level retail.

6. New PDR allowing change of use from betting offices (newly classified as unique use) to A1 or A2.

7. Removing existing PDR allowing change of use from car showroom to Use Class A1.

8. Planning permission to be required for the demolition of public houses.

There are additional proposed changes to GPDO including: determination period for prior approval advice; surface materials used within curtilage of buildings; installation of smart meter antennas; installation, alteration and replacement masts; antennas and small cell systems; introduction of PDR for Cadw; and other types of demolition. 

Should you wish to discuss the potential implication of the proposed changes to the Orders please contact Gareth Barton or Huw Jones.

Please download the PDF for full details including a summary of the proposed use classes sourced directly from the consultation document. 

7 June 2018