Proposed new controls on mezzanine floor space

On 3rd March the Office of the Deputy Minister announced the publication of a Consultation Paper that has been expected for quite some time, and it trumpeted the announcement with the following words from Keith Hill, the Planning Minister.

"We want to encourage thriving town centres at the hub of the local community, and discourage the out-of-town retail sprawl that was common in the 1980s and 90s. Local authorities should be planning positively for the development of their towns, identifying appropriate sites and working with partners to ensure the right mix of retail, leisure, cultural and housing provision to deliver a truly sustainable community."

"Warehouse-style retailers who increase their floorspace with mezzanine floors or basements can draw more trade away from town centres, where businesses cannot accommodate similar expansions. We don't intend to halt mezzanine development, but to bring large increases in retail floorspace under planning control to prevent inappropriate development."

Under Part 4 Section 49 of the Planning and Compulsory Purchase Act 2004 there is a provision that will, when enabled, require for example developers, landlords or tenants to make an application for planning permission to install a mezzanine floor into a retail unit where it is proposed that mezzanine floor would be over a certain size.

The percentage figure that was used most often in debates in the House of Lords about this provision in the Bill before it became an Act was 10%, i.e. any proposed mezzanine floor that would amount to more than 10% of the existing retail floor space would require an application for planning permission: that application for a mezzanine floor would then be assessed by the local planning authority and a decision (grant or refuse permission) would be required within 8 weeks.

However, you need now to have regard to the Consultation Paper which sets out the proposals for the circumstances in which internal floorspace increases would need planning permission: this consultation seeks views on the proposed threshold of 200m2. No application for planning permission would be required for smaller increases. The ODPM believes that this aims to ensure that only the biggest out-of-town retail developments would be affected and smaller town-centre businesses are still able to expand.

The consultation period on Planning control of mezzanine and other internal floorspace additions began on 3rd March and responses are invited until 26 May 2005. It is available on the ODPM web site at: http://www.odpm.gov.uk/