DAF legal challenge
Since 2012 Government policy has meant that Thame, like many communities across England, has lost valuable employment land and floorspace to residential use. Developers were given the right to convert office buildings to housing under permitted development rules. The loss of buildings capable of giving employment to tens or even hundreds of employees is allowed with only a few basic tests being passed. This has led to a considerable loss of local job opportunities in the Town.
An outline planning application involving the redevelopment of the former DAF Trucks site on Howland Road for a care home, a small office building and 129 houses was refused planning permission in February 2019. The Town and District Councils both believed that the site had not been properly advertised for reuse as an employment site. This was not only required by both Local Plan and Neighbourhood Plan policy, but both Councils believed the whole site would continue to be attractive to businesses and commercial developers. The developers argued that as they had the right to convert the former DAF Trucks offices to residential use, they did not have to advertise the whole site for sale.
The office building occupies less than one quarter of the site. The rest is taken up by car parking and a very large warehouse. At a planning appeal held in February 2020, the Planning Inspector agreed that if the offices were converted to residential use under permitted development, the whole site would become unusable for employment purposes due to the houses being so close. Regrettably, he decided that local policies aimed at protecting employment land could be overridden because of the developer’s right to convert the offices to flats. This applied even though it was recognised that the developer did not intend to reuse the office buildings. The Inspector awarded the developer planning permission.
The Town Council believed that decision was potentially unsound. Having taken legal advice, a challenge of the Inspector’s decision was sought, and granted by the High Court. The case was heard in January and the decision given on 16 February. As reported at Council on 2 March 2021, the Judge has regrettably upheld the appeal decision, meaning that the developer has permission to continue with their development.
This is an extremely disappointing decision. The Town Council and their legal team feel that the Inspector did not adequately explain what led him to his decision and that he could not have fully considered some key planning matters. The Judge, who in the Trial had expressed her frustration at the scant nature of the Inspector’s decision letter, ultimately did not feel that she could do anything other than assume that the Inspector had appropriately considered all matters.
The site, some 4.2 hectares in area, is now in the hands of at least two different developers. Having lost so much employment land and floorspace in recent years to speculative housing development it will be essential that more is provided in the local area to avoid local people having to travel for work. Some, if not all, will have to be provided on greenfield sites. The Town Council, like many local councils, charitable organisations, planning and land agents has taken every opportunity in recent years to challenge the Government on their free use of permitted development rights. Despite clear evidence of harm to local communities, the Government has continued to allow office to residential conversions and permit their existence to be used as a lever to gain wider development rights.
Date posted: Thursday 4 March 2021