Classes B3-B7 Special Industrial Use Classes

These have been kept unchanged from the previous UCOs. The Government, however, is currently carrying out consultations on its proposal to amalgamate all the Special Industrial Use Classes (SIUC) into one use class- B2. If this proposal is implemented, and the unlimited freedom to switch from B2 to Bl conferred by the 1988 GDO remains the same, then the implication would be likely to be dramatic in

one way or another for all involved. It is, however, beyond the scope of this thesis to discuss these special industrial use classes further.

4.6 Summary

In summary, the new Business Use Class - Bl and the related permitted development rights conferred by the GDO 1988, are causing major concerns to local planning authorities.

The new legislation has:

i) disrupted the existing planning policies which were devised inorder to maintain a balance between employment numbers, housing and infrastructure;

ii) greatly reduced the ability of local planning authorities to exercise any influence over the type of employment in their area in relation to the skills base of the local population or channel office development to appropriate areas;

iii) led to the uncontrolled change of light industrial uses to office uses as a result of the wider scope of the business use class; thereby resulting in a shortage of industrial floorspace / units and an oversupply of office floorspace / units, particularly, in the central and fringe City areas;

iv) had a negative impact on the availability of affordable industrial floorspace due to increased rental values on the industrial floorspace / units;

v) brought about the displacement of a lot of industrial uses and storage and warehousing uses by office development due to the changes facilitated by the two orders;

vi) led to the uncontrolled change of former industrial land and buildings especially in built urban centres to more intense office use. This has given rise to effects detrimental to highway and environmental interests.

Local planning authorities are using various means to curb the adverse impacts of the Bl use class on the environment, the amenity and the local economies and structures.

These include the use of different restrictive conditions, various policy documents, Section 106 Agreements and Article 4 Directions. However, the use of these measures can only apply to new development.

Local planning authorities appear not to be unduly worried about the changes facilitated by the 1987 UCO in relation to Classes B2 (General Industrial) and B8 (Storage or Distribution). However, the changes allowed by the 1988 GDO have resulted in the loss of these uses to the B l/ office use. The planning authorities are , therefore, having difficulties in retaining these uses. They use various restrictive measures when granting planning permissions including those mentioned above inorder to retain some of the B2 and B8 uses.

Nevertheless, the new regulations have increased flexibility in the use of land and buildings. Also, they have increased the choice and supply of office floorspace/ units and, to a lesser extent, mixed use space.

In all, the changes in this section have not significantly changed development control workload nor improved the efficiency of the planning system as the Government expected.

Notes & References

\ .Encyclopedia o f Planning Law and Practice, Volume 4, p .37018.

2.DoE, Circular 13/87 ”Changes o f Use o f Buildings and Other Land. The Town and Country Planning (Use classes) Order 198T .

3.ibid.

4.DoE, PPG4, "Industrial and Commercial Development and Small Firms", 1988.

5.Llewelyn Davies., "The New Business Use Classes", LPAC, 1990,p.5)

I ^.Chartered Surveyor Weekly, 9 June 1988, p .l.

I 1 .Chartered Surveyor Weekly, 11 January 1990, p .34.

8.0atley, N., "Streamlining the System: Implications of the Bl Business Class for Planning Policy and Practice", Planning Practice and Research, Vol.6, N o.L, Spring 1991, p. 19.

9.RTPI, October 1986, para.34.

10.LBA, "Out o f Order; The 1987 Use Classes Order: Problems and Proposals", 1992.

11.Hansard, "Written Answers", cited in Home, R., 1989, p.28.

12.Llewelyn- Davies, "The New Business Use Class", LPAC, 1990, p.27.

13.Parmiter, J., "The Impact of B l", Estates Gazette, May 14 1988, pp. 119-120.

14.Llewelyn Davies, Planning, "The New Business Use Classes", LPAC, 1990, para.7.17

15. Stock, J.,cited in LBA, "Out o f Order", 1992, p. 11.

16.0atley, N., "Streamlining the System: Implications of the Bl Business class for Planning Policy and Practice", Planning Practice and Research, Volume 6, N o.l, Spring 1991, p.22.

17.Llewelyn Davies Consultants, "The New Business Use Class", LPAC, 1990.

18.0atley, N., "Streamlining the System", Planning Practice and Research, Vol.6., Spring 1991, p.23.

19.LLewelyn Davies Planning, "The New Business Use Class", LPAC, 1990.

20.LLewelyn Davies Planning, "The New Business Use Class", LPAC, 1990, para. 7.14, p.31.

21. Wootton Jeffreys Consultants and Bernard Thorpe, "An Examination o f the Effects o f the

UCO 1987 and the GDO 1988", DoE, 1991.

22.Johnston, B., "Consultants sound alarm on use classes regime". Planning, No. 925, 5 July 1991, p.22.

23. Johnston, B., "Consultants sound alarm on use classes regime", Planning, No. 925,5 July 1991, p.28 and p. 48.

24. Johnston, B ., "Consultants sound alarm on use classes regime". Planning, No. 925, 5 July 1991, p.22.

25.London Borough of Hammersmith and Fulham, "Effects o f the new business class in

Hammersmith and Fulham", Research Report 77, July 1991.

26.London Borough of Hammersmith and Fulham, "Effects o f the new business class in

Hammersmith and Fulham", Research Report 77, July 1991, p .l.

27.King, W., "The Future Roles of Town Centres", The Planner, April 1987, p.20.

28.London Borough of Hammersmith and Fulham, "Office I B l Developments in

Hammersmith and Fulham", Research Note, 1993.

29.Bristol Economic Development Liaison Group, "Industrial Land in Avon: The Effect o f

the Use Classes Order 1987", 1990.

30.Planning, "Lace Market Use Change Green Light", no. 981, 14 august 1992, p.7.

31. Hampshire County Council Planning Department, "Monitoring the Employment and

Floorspace Effects o f the B l Use Class in Hampshire", 1988-1989, Technical Paper 90/2,

October 1990.

32.Saper, R. "Use Class answer to developers’ prayers". Chartered Surveyor Weekly, 11 January 1990, p.35.

33.King, W., "The future Roles of Town Centres", The Planner, april 1987, p.20.

34.Montagu Evans, "The Use Classes Order 1987, Interpretation in Practice", June 1988.

35.Montagu Evans, "The Use Classes Order 1987, Interpretation in Practice", June 1988, p.3.

36.Montagu Evans, Planning Brief, "The Business Use class B l- The Tangle Unravels",

March 1990, p .6.

37.LBA, "Out of Order; The 1987 Use Classes Order: Problems and Proposals", 1992, p.31.

32. Oatley, N ., "Streamlining the System: Implications of the Bl Business Class for Planning Policy and Practice", Planning Practice and Research, Vol.6., Spring 1991, p.25.

39.London Borough of Hackney, TP/17384/11/14446/D/TF.

40.T/APP/U5360/A/87/78728/P3,London Borough of Hackney, Inspector D.W.Rowbotham BSc (Econ), dip TP, MRTPI.

4LThomas, P.E., "Business Use Class: Practical Implications", Journal o f Planning and

Environment Law, no. 16, 1989,p. 19.

42.London Borough of Camden v. Secretary of State for the Environment and P S.P. (nominees) Company Ltd., Journal o f Planning and Environment Law, 1989, pp.613-619.

43.LPAC, Advice on Strategic Planning Guidance fo r London, 1994, p.7.

44.Montagu Evans, Planning Brief, "The Business Use Class B l- The Tangle Unravels",

March 1990, p.3.

45.Montagu Evans, Planning Brief, "The Business Use Class B l- The Tangle Unravels",

March 1990, pp. 3-4.

46.Royal Borough of Kensington and Chelsea, A Guide to the Design o f Light Industrial

Building, cited in Thomas, P.E. JPEL, Occasional Papers no. 16, 1989, pp.21-22.

47.LBA, "(Jut o f Order; The 1987 Use Classes Order: Problems and Proposals", 1992, p.31

48.LLewelyn Davies Planning, The New Business Use Class, LPAC, 1990, p.36.

49.DoE, Circular 13/87, "Changes o f Use o f Buildings and Other Land: The Town and

Country Planning (Use Classes) Order 1987", May 1987.

50.Home, R., Planning Use Classes, 1989, p .59.

5\.Planning, "New Order Next Month", 793, 4 November 1988, p .l.