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Legal challenge to be launched over ‘unlawful’ permitted development rights expansion
A campaign group has written to the government expressing its intention to seek a judicial review on the expansion of controversial permitted development rights.
Rights: Community: Action (RCA) has sent a “pre-action protocol” letter via law firm Leigh Day challenging the lawfulness of the extension of permitted development rights and called for an urgent response ahead of the changes which are set to come in on 31 August.
Permitted development rights allow commercial and office buildings to be converted into housing without the need for planning permission. Prime minister Boris Johnson announced an extension of the policy, which critics say will lead to low-quality housing, in July as part of his ‘Project Speed’ agenda.
The letter noted that the reforms were laid before parliament the day before it went into recess on 21 July and “parliament has therefore had no opportunity to debate ‘the most radical reforms to our planning system since the Second World War’” before they come into effect. The group said that these changes could have “potentially enormous consequences for the environment”.
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“If they are not withdrawn or suspended, the claimant will challenge the lawfulness of these statutory instruments,” the letter added.
RCA is seeking a challenge based on an EU directive which says that a strategic environmental assessment is required for all plans and programmes likely to have significant environmental effects.
Another ground for the legal challenge is the lack of equality impact assessment with RCA arguing “the secretary of state did not adequately consider the impact of these reforms on the disabled”.
The group also challenged the reforms on the grounds that the government has failed to take into account its own expert advice on permitted developments.
This is in reference to a government-commissioned report which found permitted development delivers lower quality residential properties than planning permission conversions. The report, produced by Dr Ben Clifford at University College London, was published on the same day the government announced the reforms.
Speaking to Inside Housing after the publication of the report, Mr Clifford accused ministers of deliberately “ignoring the evidence” about permitted development rights.
Paul Brown QC and Alex Shattock of Landmark Chambers have also been appointed by RCA.
A spokesperson for the Ministry of Housing, Communities and Local Government said: “The government has received the letter and will respond in due course.”
