Urban Supermarkets (Planning)

Jane Ellison Excerpts

Monday 13th September 2010 Commons Chamber

[The Parliamentary Under-Secretary of State for Communities and Local Government (Robert Neill)]

I congratulate my hon. Friend the Member for Chelsea and Fulham (Greg Hands) on securing this debate about planning regulations on urban supermarkets and convenience stores, which is a concerning area of policy for many of his constituents. The debate seems quite well attended compared with some I have seen in the past.

The debate has raised important issues around balancing sustainable development with community needs, so I am pleased to be able to respond. My hon. Friend is particularly concerned about problems that might arise in the planning process, where planning permission is not required to change the use of a building. First, however, it would be helpful if I set those issues in context.

To achieve the aim of balanced and sustainable communities, we need homes, jobs, leisure facilities and places to shop in locations where they can be accessed by all. That is why we focus new development and activities in the cities, towns and villages in which we live. However, we understand the tensions that occasionally arise from locating different types of development and land uses next to one another. That is why it is important to have a planning system that balances the need to allow businesses to grow with protections for the community from the negative impacts of some development. The planning process seeks to ensure that our communities get the right type of development, located in the right locations, to maximise benefits for all, and to prevent, as far as possible, negative impacts.

Where proposed developments are likely to cause problems for neighbours, local planning authorities already have powers to attach planning conditions to permissions. Those conditions are aimed at preventing the problems from ever occurring. For example, a local planning authority may impose a condition that can specify time limits within which deliveries to a shop may take place, to avoid traffic congestion or noise sensitivity issues in the vicinity of the development.

Of course, local planning authorities can also use planning conditions to restrict certain uses to particular sites. Where a local planning authority thinks that problems may occur, it can restrict planning permission for a shop to non-food A1 use class only. That could be used, for example, to prevent a hairdresser’s becoming a convenience store. By using those powers properly, local planning authorities can prevent the types of conflict that my hon. Friend has mentioned, particularly in residential and more sensitive areas. Similarly, planning permission is still required if a change of use of a building needed significant structural alterations: for example, if the change of use required changing the street frontage of a shop. Those are all important safeguards of the interests of local residents.

Having set that context, let me move on to the specific subject of this evening’s debate—the problems that can arise when planning permission is not needed, because the use class order allows one type of shop to be converted into another type without planning permission. Let me explain the background to the use classes order, because its purpose is often misunderstood. The order was introduced to remove unnecessary planning applications from the planning system, and, therefore, to speed up the system. The use classes order groups together uses that have similar land-use impacts and characteristics into classes. Changes of use within a class are not considered to be development and therefore do not require planning permission. Relevant to this discussion is the A1 use class, which includes a range of different shopping types including corner shops, supermarkets, retail warehouses and post offices. Of course, I accept that two developments, even if categorised in the same use class, may not have exactly the same operating characteristics. Shops, for example, can have different opening or delivery times.

As my hon. Friend pointed out, the planning system grants further flexibility by allowing some changes of use between classes without the need for planning applications. That applies when the impact of the proposed use is considered to be less than that of the existing use. Obviously it did not happen in this instance, but it is an important aspect of the system. Hot food takeaways, pubs, restaurants and financial services such as banks can all convert to shops without requiring planning applications if the impact on neighbours is regarded as being less than that of the existing use. The key difference in this instance is that local authorities have the power to remove that freedom of movement and require planning permission if there is local concern about such a development.

I take the concerns of my hon. Friend’s constituents seriously, and I recognise that at times there will be tensions between businesses and their neighbours. However, we must not forget that the planning system cannot deal with all community tensions. The system is often criticised for being slow and bureaucratic. It can create a significant amount of work for local planning authorities; it can also act as a disincentive to development, thus stifling economic and physical regeneration. That can frustrate the legitimate development that we all need. Planning controls should be introduced only when there is a strong case for doing so.

[Jane Ellison (Battersea) (Con)]

In a case in my constituency, the fact that there was no need for a change-of-use permission removed the trigger mechanism that sometimes acts as an early warning in the planning system. A shop that has invested several hundred thousand pounds is three doors from what is about to become a local branch of a chain of supermarkets. Will the Minister comment, or at least reflect, on the fact that the ease with which change of use was allowed, enabling a pub to become a Sainsbury’s Local, removed the trigger mechanism that might have informed other local shops, as well as residential neighbours, of what was in the pipeline?

[Robert Neill]

I will reflect on that, and explain the ways in which we propose to deal with such issues in a moment. The example given by my hon. Friend highlights the balance that must be struck between competition and trading opportunities between different operators in the same area on the one hand, and legitimate planning considerations on the other. Sometimes there appears to be an overlap between the two in the minds of the general public, which is not so easy to translate into planning law.

Let me return to the issue of the impacts of changes of activity that do not require permission. In general, we would expect businesses to operate responsibly, and to be sensitive to the communities within which they operate. When neighbours raise legitimate concerns about development, it is in the interests of businesses— particularly those with a strong community presence, such as supermarket chains—to take them seriously and respond positively.

Local authorities also have wider responsibilities and powers to investigate complaints about problems such as noise. Authorities must take “all reasonable steps" to investigate any complaint in relation to noise. I have no doubt that the local authority cited by my hon. Friend is diligent and well aware of those powers. Authorities are expected to raise the issue with the person or organisation causing the nuisance, giving the details of the complaint and asking for steps to be taken to reduce the noise. If the local authority believes a statutory nuisance is occurring, or is likely to occur or recur, it must take action.

That is where we are at the moment and we do not want to dismiss my hon. Friend’s concerns. There may always be individual cases where the balance between avoiding bureaucratic overload by requiring permission for a simple change of use and guarding against unacceptable impacts gives rise to unintended consequences. With more and different types of retail activity and means of dealing with storage, for example, one must be alert to changing circumstances that may not have been anticipated when the regulations were drafted. I have a lot of sympathy for this situation and, as I have indicated, I would hope that the local authorities use powers against nuisance if that is the appropriate route.

The point raised by the hon. Member for West Lancashire (Rosie Cooper) relates rather more to the case of the operation of the rules in relation to temporary permission rather than use classes, but it is a legitimate area of concern. I do not doubt that.