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14. CONTROL OF INCREASE IN GROSS FLOOR SPACE - MEZZANINE FLOORS
Context
14.1 The draft Town and Country Planning (Increase in Gross Floor Space) Development Order controls increases in the internal floorspace of buildings used for the retail sale of goods, following proposals set out in the White Paper.
14.2 The planning system controls and manages the carrying out of building, engineering or other operations or changes of use which are defined as ''development'' in section 26 of the 1997 Act. Currently, under the 1997 Act, (section 26 (2)(a)) alterations which only affect the interior of a building or do not materially affect the external appearance of the building, such as increases in the amount of internal floorspace, are not considered to fall within the meaning of "development" and therefore do not require planning permission.
14.3 The most common method of adding additional floor space within a building is the installation of a mezzanine floor. Mezzanine floors are partial storeys between the main storeys of a building, and can be a quick and flexible way to increase floor space within a building, enabling businesses to make better use of their buildings and increase productivity from the same footprint - making more efficient use of land. However, in the wrong locations such unregulated development can also undermine policy objectives for town centres, sustainable land use and travel patterns and accessibility. In particular, in out of centre locations, internal increases can divert trade away from town centres, particularly as town centre units may be less likely to have scope to accommodate similar increases in floorspace due to the configuration of space. Many places in Scotland have witnessed the practice of retail operators increasing the size of existing out-of-town retail units by adding additional floor space through mezzanine floors or basements.
14.4 Concerns have been raised that significant internal floorspace increases could take place, without being subject to planning control, in out of centre locations, undermining the Government's key objective to promote the vitality and viability of town centres, as set out in Scottish Planning Policy ( SPP) 8: Town Centres and Retailing. Currently such works can take place without the need for consent, whereas additional floorspace gained by extending the building would be subject to planning control. Whilst recent planning permissions often have conditions attached that limit the amount of permitted floorspace, many earlier permissions did not. Controls are therefore considered necessary to help protect town centres.
New powers
14.5 New section 26 (2AA) of the 1997 Act gives the Scottish Ministers the power to specify in a development order the circumstances or description of circumstances in which section 26(2) (a) of the 1997 Act does not apply. This allows the development order to prescribe that 'development' includes certain internal operations. In particular it focuses on operations which have the effect of increasing the gross floor space of the building by such amount or percentage as is so specified.
Types of use covered by controls on internal floorspace
14.6 The Scottish Government intends to apply the draft order to buildings used for the retail sale of goods. We are not aware of other types of uses raising significant issues through use of internal floorspace increases.
Q43: Are there any other uses which you consider should also be subject to controls on increases in gross floorspace ?
Thresholds and circumstances
14.7 We propose to allow all operators to increase the internal floorspace of their building by a set amount (200 square metres) but to control further increases above that level. The draft order therefore provides for the different circumstances where previous works have or have not been carried out to a building resulting in an increase in the gross floor area of the building. Examples of how the order would apply to different sets of circumstances are set out below.
a) Where a building has not been subject to any previous works - The draft order provides at article 2(1) for circumstances where a building has not been subject to any previous works which increase the gross floorspace of the building. In such cases:-
- increasing the internal floorspace by up to 200 square metres would not be development and would not require planning permission.
- increases of 200 square metres or more would be development and would require planning permission.
b) Where previous works have taken place - The draft order also provides at article 2(2) for circumstances where previous works have taken place which increase the gross floorspace of the building. In such cases, where:
- the previous internal aggregate increase in floorspace is less than 200 square metres, and where the proposed internal increase in the gross floor area of the building together with any previous increases in floorspace would still be less than 200 square metres, this would not constitute development.
- the previous internal aggregate increase in floorspace is less than 200 square metres, and where the proposed internal increase would bring the aggregate increase in the gross floor area of the building to 200 square metres or more, this would constitute development.
- the previous internal aggregate increases in the floorspace of the building is 200 square metres or more, any further increases of 10 square metres or more would constitute development.
- increases are of less than 10 square metres they would not constitute development.
Q44: Do you support our proposal to have different approaches depending on whether other increases in the internal floorspace have taken place?
Q45: Do you consider that 200 square metres is an appropriate level to help achieve the objectives of helping protect town centres?
14.8 The order uses set amounts in square metres rather than a percentage. It was considered that use of a percentage figure would be less precise and would favour existing large-scale developments.
Q46: For the purpose of controlling internal Floorspace, do you support the decision to use amounts in square metres rather than a percentage?
Definition of previous works
14.9 The order provides for different circumstances where previous works have or have not taken place. Previous works for the purpose of the order are set out in article 2(3) (b) of the order. This includes works for the maintenance, improvement or other alteration of a building, being works that affect only the interior of the building. This includes any works for the alteration of a building by providing additional underground space.
14.10 However, the definition of previous works does not include previous extensions which have increased the footprint of the building as these types of works do not solely affect the interior of the building. Therefore this type of increase in floor area should not be taken into account in calculations of the aggregate increase in the gross internal floor area of the building. In practice this means that where a building has had a previous extension, but no internal increases in floorspace, it would still be possible to extend the internal floor area by up to 200 square metres without constituting development.
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