The following Local Government guidance note provides comprehensive and up to date legal information covering:
There is no specific legislation governing planning use swaps.
The need for use swaps can arise where a local planning authority (LPA) imposes, as a matter of policy, a prohibition or restriction on the loss of residential space in their area.
Where a planning application is made that leads to a loss of residential space, some LPAs require a related planning application to be submitted for a proportionate ’re-provision’ of residential space in another part of their area. Two separate developers are often involved in a use swap.
developer A applies for planning permission to carry out works or a change of use that will lead to a loss of residential space
the LPA has a policy against loss of residential space
the LPA says that in order for it to permit developer A's application, it must make a proportionate ‘re-provision’ of residential space in its area
if developer A cannot re-provide the required residential space, it has to find another developer, developer B, to submit a related planning application for the creation of residential space in another part of the area in proportion to what is being taken away by developer A
In practice, two agreements are
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