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Mezzanine Floors brought within Planning System
Local Authorities
City of Edinburgh Council: Support because uncontrolled expansion of floorspace, particularly in out-of-town retail locations, can undermine Planning objectives for town centres. A threshold needs to be specified.
Dundee City Council: The Council has recognised this loophole because such developments can create adverse impacts e.g. additional parking requirements. As a matter of routine therefore planning conditions restricting gross floorspace growth are routinely applied to new retail developments. The Council therefore welcomes this provision.
Glasgow City Council: Currently, development of a mezzanine floorspace is not considered development. To ensure significant areas of mezzanine floorspace were not subsequently developed in retail developments the Council had conditioned consents to limit the total amount of floorspace in these developments. Recent court cases in England had indicated such conditions were invalid unless extremely carefully worded, and Senior Counsel opinion suggested likewise. A letter was sent to the SE in July 2004 which expressed concern over this state of affairs and requested action to close this loophole. In the meantime, legal opinion has shifted somewhat, and it is now considered that the conditions employed by the Council may well be enough to prohibit the development of mezzanine floorspace without a planning consent. Nevertheless, the SE's proposal is welcomed as providing a clear view on this matter.
Moray Council: Support in principle, although the issues appear more related to the external effects of transportation implications on amenity and the environment rather than the internal physical impact and appearance of the floor itself.
North Lanarkshire Council: Supported, although a large amount of floorspace has been already provided through this 'loophole'.
West Lothian Council: This proposal is supported, although the definition of 'substantially' will be critical. The council would prefer all such developments, especially in retail developments, to be brought within planning control.
The Development Industry
Craigallan Homes Ltd: Dismayed that mezzanine floors are to be brought within planning control. This will increase bureaucracy. There are many other factors which increase traffic and visitor numbers to an area. Action to reduce peak traffic flows should be the priority. These regulations will no doubt apply in all areas regardless of local conditions. There is also confused logic behind the proposal as extra restaurant seating or shop floorspace is a response rather than cause of increased visitor numbers.
Glasgow Harbour Ltd ( GHL): The current legislation allows mezzanine floorspace to be developed without a planning consent unless there are planning conditions attached to an existing consent which limit the total amount of floorspace. In planning terms, mezzanine developments are typically aimed at providing customers with a wider and better range of goods in one location. There is very strong evidence that additions to existing stores do not lead to pro-rata increases in spend and customer travel. In addition retailers have noted that internal additions are likely to generate a far lower level of new customers than other new floorspace, and consequently have a very small travel generating effect. We note that the actual circumstances and sizes of floorspace involved are proposed to be set out in secondary legislation. We consider that further consultation is required on issues relating to the impact of mezzanine development prior to these changes being made.
James Barr Ltd (on behalf of various development industry businesses): The true impact of such a move can only be truly considered when relevant secondary legislation is made available and our clients therefore reserve judgement on this element of the proposals until more details are made available for comment. However, it does seem rather odd to justify the extension of planning control over mezzanine developments on the grounds that they often give rise to adverse environmental and amenity impacts. In many instances, the development of additional mezzanine floorspace at an existing store is preferable in land use terms to developing a new facility on either an undeveloped or previously developed site.
Other Businesses
ASDA: The Planning system already has the power to control mezzanine projects through the careful wording of conditions on new development. This is acknowledged in the latest draft SPP8 and so rather than change the law, it would be simpler to give authorities advice on the wording of such conditions.
If the intention is to apply such control retrospectively to development already with planning permission then a case can be made that this is analogous to imposition of an Article 4 Direction removing permitted development rights. Such Directions can give rise to a right to compensation and therefore it may be necessary to consider a similar provision for compensation.
Universities Superannuation Scheme Ltd ( USS): The current legislation allows mezzanine floorspace to be developed without a planning consent unless there are planning conditions which limit the total amount of floorspace. In planning terms, mezzanine developments are typically aimed at providing customers with a wider and better range of goods in one location. There is very strong evidence that additions to existing stores do not lead to pro-rata increases in spend and customer travel. In addition retailers have noted that internal additions are likely to generate a far lower level of new customers than other new floorspace, and consequently have a very small travel generating effect. We note that the actual circumstances and sizes of floorspace involved are proposed to be set out in secondary legislation. We consider that further consultation is required on issues relating to the impact of mezzanine development prior to these changes being made.
Planning Consultants, Architects and Lawyers
Drivers Jonas: Current legislation allows mezzanine floorspace to be developed without a planning consent unless there are planning conditions attached to an existing consent which limit the total amount of floorspace. In planning terms, mezzanine developments are typically aimed at providing customers with a wider and better range of goods in one location. There is very strong evidence that additions to existing stores do not lead to pro-rata increases in spend and customer travel. In addition retailers have noted that internal additions are likely to generate a far lower level of new customers than other new floorspace, and consequently have a very small travel generating effect. We note actual circumstances and sizes of floorspace involved are proposed to be set out in secondary legislation. We consider that further consultation is required on issues relating to the impact of mezzanine development prior to these changes being made.
Drysdale, Robert: I am not convinced that this is a major problem. If any restriction is considered necessary, it should only apply to retail developments which are detached from existing centres, not to in-centre or edge-of-centre developments where additional retail investment should be encouraged.
Hargest & Wallace Planning: Support subject to the principle of de minimusi.e. there is little point is having planning applications for very small mezzanine proposals (this could be for example, only mezzanines increasing the original floor area of the development by 10% or more).
MBM Planning & Development: The introduction of limits on mezzanine floors should be stipulated as a percentage of the overall gross floor space of the building e.g. a maximum increase of 25% would be allowed. It would not be appropriate to specify an exact limit in square metres as this will impact in different ways depending on the overall scale of a building or a particular site's characteristics. A percentage limit would still allow smaller scale improvements such as ancillary office, storage or toilets to be developed without the need for planning permission.
Community Councils
Currie Community Council: We have no objection to the proposed addition/subtraction of mezzanine floors being subject to planning applications as they can increase/alter the density of an area.
Voluntary Bodies
Scottish Council for National Parks: This seemed sensible and this to be welcomed. It will no doubt be a surprise to many that existing legislation has been deemed not to cover a situation which might result in a massive increase in floorspace!
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