Local development order project ideas

Local development orders (LDOs) are an existing legislative tool. They are flexible and consistent with local determination, part of a move to remove bureaucracy and redefine the issues where planning really makes a contribution to the local area.  This page sets out some of the ways you could use a LDO. 

• Vitality
• Employment
• Design and local residential character
• Conservation
• Renewable energy
• Masterplanning
• Innovation and regeneration
• Community objectives

Vitality

Maintaining the attractiveness of town centres as destinations for shopping, business and entertainment is a key spatial planning objective across the country. Recent closures of both major chain stores and local businesses have impacted on the viability of remaining businesses and decline soon affects the vitality of retail streets. Rationalisation in the financial sector is also leading to the closure of town centre premises. The development of new major retail centres leaves fringe locations in decline. Traditional town centre areas can be given a regeneration boost through the planning system by permitting a wider range of uses to occupy premises without the need for planning applications through a local development order.

A LDO could identify an area within which changes of use could occur without planning permission. The order can specify specific changes of use that would be desirable and exclude those that may be less desirable over the long term.

The benefits for businesses from allowing more flexibility in changes of use include:

• creation of opportunities for relocation or development in available town centre locations either on a long term of temporary basis
• evolution of existing businesses within their current premises
• opportunities for community-based organisations and enterprises to occupy premises, maintaining them in productive use whilst ensuring activity in town centres is maintained
• speed of change – no procedural delays associated with making an application
• certainty of outcome for a prospective tenant, and justification for investment in the premises by landlords.

Town centre management organisations could play a role in managing and monitoring the implementation of the LDO. Planning authorities could accompany the LDO with detailed guidance and conditions and make the order time limited.

The development of an LDO in the forms described here, in increasing occupancy rates of vacant properties would contribute to environmental quality, measured by relevant national indicators such as NI 5 Overall / general satisfaction with local area or NI 195 Improved street and environmental cleanliness (levels of litter, detritus, graffiti and fly-posting).

Pilots: Wycombe, Swindon

Employment

The economic downturn has had a significant impact on businesses and in turn business parks. Many units remain unoccupied, new developments are unlikely to be progressed in the approved form and less desirable premises are being vacated with two consequences: investment in maintenance is cut off and the area’s decline is accentuated. Furthermore, the pressure on employment land from other uses jeopardises opportunities for a pick up in the future.

The LDO could provide an incentive for increased occupation of specific employment areas by providing greater scope for flexible use of buildings and greater responsiveness to the needs of businesses. Investment in business parks could be supported by a LDO which allowed changes of use or additional floorspace to be created above current permitted development, within limits that are defined locally and suite the character and constraints of the area.

What might be acceptable in planning terms is likely to vary between different employment areas. The significance of issues such as residential amenity, noise, light pollution, fumes, traffic and highways would need to be taken into consideration in each local development order area.

The LDO can be a useful tool to develop alongside other regeneration programmes. By creating an environment in which defined changes to buildings and uses are certain to be acceptable increases marketability and will complement investments that support worklessness and skills training programmes. 

The benefits for landowners and businesses include:

• creation of opportunities for relocation of local businesses or development of new or young businesses in established employment locations with good sustainable transportation links
• ability for existing businesses to evolve within their current premises in order to meet the changing commercial circumstances or to meet new enterprise opportunities if they so wish
• speed – no procedural delays associated with making an application;
• certainty of outcome for a prospective tenant.
• improved prospects for immediate yields on employment property investments.

Business parks are often in single ownership and this allows for the authority to enter into long term partnerships with s106 agreements that link more significant developments to contributions towards infrastructure improvements. Building a relationship with the owners of these areas also enables effective management and monitoring of the order. The authority, tenants and owners could also make efficiency savings by preparing the order in partnership - with appropriate engagement with the community and other stakeholders.

In terms of the place making aspirations for the area, the development of an LDO in the forms described here would demonstrate a real planning contribution to achieving relevant national indicators such as NI 171 ‘VAT Registration Rate’ and NI 172 ‘Registered businesses in the area showing growth’.

Local planning authorities can adopt LDOs as part of the shift to a more locally driven planning regime, promoting the role for a simplified planning consents process in specific areas where there is potential or need for business growth.

Pilot: Hertsmere

Design and local residential character

Residential improvements could be encouraged with a LDO and the procedures can be used to reduce the cost and uncertainty of making a planning application for small scale development by local residents. LDOs could sit alongside and work in tandem with previously agreed design guidance for specific localities. They could permit renovation works to blocks of flats or there may be a particular circumstance where a form of development currently requiring planning permission would be acceptable in respect of an estate or other large area of housing.

Perhaps the greatest scope for an LDO relates to estates of flats where the buildings are of similar form. Works such as replacing windows, roofs and other renovation works, which may be construed as materially impacting on the external appearance of the buildings, are considered to be particularly suited to an LDO if they are to be undertaken over a significant number of properties or a period of time. 

Control over the appearance and formal consultation would be addressed initially through the design guidance and then through conditions in the LDO.
The benefits for a landlord, freeholder or resident include:

• improved residential amenity
• speed – no procedural delays associated with making an application
• certainty of outcome.

In terms of the place making aspirations for the area, the involvement of residents in the development of their LDO would demonstrate a real planning contribution to achieving relevant national indicators such as NI 2 ‘% of people who feel that they belong to their neighbourhood’, NI 3 ‘Civic participation in the local area’, and NI 4 ‘% of people who feel they can influence decisions in their locality’.

Pilot: Feock Parish Council and Cornwall

Conservation

As the government’s drive to improve the efficiency of the planning applications system has resulted in widening of permitted development rights, it is recognised that the character of conservation areas often require protection through an Article 4 Direction.  There are both resource implications and public relations issues for authorites in taking this route. Where the conservation area management plan has defined the features of the conservation area which need to be protected or where a design guide has been agreed, a LDO could permit development which is in line with the conservation objectives. The LDO alongside the Article 4 direction would then provide an incentive for owners to carry out appropriate improvements or to restore lost features where this preserved or enhanced the character of those buildings, as planning permission would not need to be sought for work in conformity with the conditional LDO.

The benefits for residents include:

• improved residential amenity
• speed – no procedural delays associated with making an application
• certainty of outcome.

The benefits for the local planning authority would be a reduction in the number of non fee paying planning applications in addition to avoiding the charge introducing an undue control on residents.

The conservation area management committee could help develop, implement and monitor the LDO with the advantages of increased local empowerment.
In terms of the place making aspirations for the area, the involvement of residents in the development of their LDO would demonstrate a real planning contribution to achieving relevant national indicators such as NI 2 ‘% of people who feel that they belong to their neighbourhood’, NI 3 ‘Civic participation in the local area’, and NI 4 ‘% of people who feel they can influence decisions in their locality’.

Pilot: if you would like to pilot this application contact Gillian.morgan@local.gov.uk

Renewable energy

LDOs could encourage improvements in energy efficiency and reduction in carbon footprints in both commercial and residential properties beyond that already permitted by reducing the installation costs though simplifying the planning procedures for installing the infrastructure. The LDO could encourage micro-generation in defined areas or for types of buildings. It is considered that the issues will essentially be ones of design and impact on visual amenities but subject to appropriate conditions a LDO might be applied to a specific area such as an industrial/ business park or an estate; or depending on the circumstances it could apply to particular types of buildings throughout the area of a local planning authority. 

A LDO could permit the undertaking of works to blocks of flats or other buildings where this did not harm the appearance of those buildings. A specific area where this could be useful is in assisting a registered social landlord (RSL) or other landlord in upgrading existing flats to Code Level 3 or better in the Code for Sustainable Homes by speeding up the process, providing certainty of outcome and reducing the cost. The LDO could help implement local initiatives for a low carbon economy and increase the marketability of employment areas.
The benefits for a landlord, freeholder or resident include:

• improved energy efficiency
• speed – no procedural delays associated with making an application
• certainty of outcome.

The development of an LDO in the forms described here would demonstrate the commitment of planning to achieve relevant national indicators such as:

• NI 186 'Per capita reduction in CO2 emissions in the local authority area'
• NI 187 'Tackling fuel poverty' - % of people receiving income based benefits living in homes with a low energy efficiency rating
• NI 188 Planning to adapt to climate change'

Pilot: if you would like to pilot this application contact Gillian.morgan@local.gov.uk

Masterplanning

Where the general principles of development have been agreed for large scale campus sites through a formal planning process eg. planning brief, supplementary planning document (SPD), or area action plan, then a LDO might usefully enable development to be undertaken in accordance with that plan. This could apply to schools, universities and hospitals. The benefit is that this is not limited by time, will not be subject to delays and there is a certainty of outcome.

The LDO could allow the implementation of all or specific works where these are in general accordance with a plan approved by the planning authority. The benefit of this scenario is that, unlike an outline planning permission, it would not be time-limited and in effect there would be a constant and active ‘decision’ thereby providing speed and a certainty of outcome. This model would be most effective where there is one site operator with clear operational purposes.

Conditions and legal agreements would take into consideration the impacts of the overall masterplan.

The benefits for the institution include:

• speed – no procedural delays associated with making an application
• certainty of outcome.

Councillors see this as a way of showing political support to large scale employers or uses which are important to the local economy.

Pilot: Southampton

Innovation and regeneration

Where a site will have multiple ownership or occupiers, LDOs could aid the implementation of an outline planning permission.

This could encourage innovative approaches to development but within the overall planning framework of an outline approval. For example on a new housing site, the road and plot layouts and general principles could be prescribed whilst each dwelling could be individually designed. This could help self builders build in response to their family needs; it could encourage innovative approaches to climate adaptation.

This approach could be an incentive to development in a regeneration area where the principles can be approved in an outline application and it will be open to future occupiers to build their premises according to their business needs.

The benefits for future occupants include:

• speed – no procedural delays associated with making an application;
• certainty of outcome
• not being constrained by detailed plans which do not reflect the future occupiers needs.

Pilot: London Development Agency

Community objectives

LDOs can help to support localism: empowering local communities to make decisions in regard to what local people want for their communities. This could be most effective at a parish council or neighbourhood level by providing a structure whereby local communities can, with the support of local planning authorities, determine what forms of development should be permitted without the need for planning permission to be sought.

All LDOs should be prepared with community support, but more active engagement could enable wider ownership of the policy objectives. Local residents or businesses could take an active role in drawing up any documentation which accompanies the LDO eg design guides. Furthermore, recognised management groups could support the implementation of the LDO by encouraging tenants, occupiers and owners to bring forward development which meets the policy objectives. They could also have a monitoring role.

The benefits for residents or businesses include:

• enhancement of locality
• participation in local community
• speed – no procedural delays associated with making an application
• certainty of outcome.

In terms of the place making aspirations for the area, the development of an LDO in the forms described here would demonstrate a real planning contribution to achieving relevant national indicators such as NI 2 ‘% of people who feel that they belong to their neighbourhood’, NI 3 ‘Civic participation in the local area’, and NI 4 ‘% of people who feel they can influence decisions in their locality’.

Pilot: Cornwall