Proposed changes to the Planning Act and the implications for retail mezzanines: A problem from nowhere

Abstract

The government is proposing changes to the Planning Act to enable planning authorities to control proposals for new retail floor space. This is in response to the perception that there is a sudden increase in new retail floor space in retail parks that is being built at first-floor or mezzanine level as a result of planning decisions that appear to support arguments that such floor space does not require planning permission. Critics of the retail industry have highlighted the wording of the existing Planning Act as creating a loophole that has been exploited by retailers to the detriment of planning policy objectives which generally seek to encourage new retail investment in town centres and other similarly well-established retail locations. This paper examines whether in fact the perception is supported by the facts; and whether there is a need for the legislative change. It concludes that there is little evidence to support arguments that there is a widespread problem requiring legislative changes, and, further, the perception that a change is needed has become a self-fulfilling prophecy. In short, the so-called mezzanine problem is a problem wrought from nowhere.