Sir,

An article on your website earlier this week stated that Harlow Council has granted permission for Peartree Business Centre to be converted into residential flats (Edinburgh Way Business Centre to convert offices into flats, (YH May 15, 2018).

The article goes on to say that “it was decided that this did not need to come before the planning committee”.

This is misleading and needs to be set straight.

The conversion of Commercial Property into units of accommodation is what is known as “permitted development” and it is permitted as a result of an amendment proposed by the former Conservative Secretary of State, Eric Pickles to The Town and Country Planning (General Permitted Development Order).

The change in legislation began in May 2013 and means that offices can be converted to residential dwellings without the need for the usual approvals process (i.e. of coming before the planning committee).

Anyone wishing to carry out such a development is required to apply to the local authority (in this case, Harlow Council) for a determination as to whether the ‘prior approval’ of the authority is required – that is to say, whether the development can proceed. However the local authority can only assess whether prior approval is required on the basis of four specific considerations – the impact on highway and transport, contamination, flooding and noise from the commercial premises. On the basis of these, and these alone, can the local authority grant approval, either with conditions or unconditionally or refuse permission.

Applications were made to Harlow Council for the development of Terminus House and Peartree Business Centre and officers assessed the applications on the basis of these four considerations. They found that there was no justification under the legislation to refuse permission. The developments are therefore going ahead because the Council’s hands are tied by the Government’s legislation

Harlow Council has serious concerns about this type of development. Not only do they by-pass the usual approvals process, developers are not required to contribute anything towards the costs of improving infrastructure such as schools, parking or health services, as other developers must and indeed the developments place a strain upon these services.

Given the nature of their former use, these developments are often be sited away from residential areas, making accessing amenities difficult for the new residents and creating a barrier to them integrating into the wider community.

And because they are not subject to the usual planning rules, the Council has no way of ensuring that the accommodation created is of an acceptable standard and size, or of influencing who is housed there.

Yes, we have a serious shortage of housing, particularly here in the South East, and Harlow Council has ambitious plans to increase the number and types of housing available to residents in the Local Plan and as we establish Harlow as a Garden Town. But the conversion of commercial premises without the full oversight of the local authority is not the way to go about it.

And make no mistake that is what this ill thought out piece of Tory legislation is enabling.

Mark Ingall

Leader, Harlow Council