The need for planning use swaps can arise where a planning application is made that leads to a loss of residential space and the local planning authority (LPA) requires a related planning application to be submitted for a proportionate ‘re-provision’ of residential space in another area. Two separate developers are often involved in a use swap. One developer applies for planning permission to carry out works or a change of use that will lead to a loss of residential space (Developer A) and another developer submits a related planning application for the creation of residential space in another part of the area (Developer B). A planning use swap agreement is used to set out the terms on which the use swap takes place. For more information, see Practice Note: Planning use swaps. Does the planning use swap agreement include the relevant parties? As an agreement under section 106 of the Town and Country Planning Act 1990 (section 106 agreement) is usually required before the LPA is willing to grant a planning use swap permission, the envisaged parties

What are planning use swaps and how do they arise? 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. For example: • 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

This week's edition of Planning weekly highlights includes: analysis of the government’s consultation on proposed reforms to national planning policy, a policy statement and taskforce on new towns, and guidance on biodiversity gain plan appeals.

This week's edition of Planning weekly highlights includes: the coming into force of further provisions of the Levelling-up and Regeneration Act 2023, a case quashing a reserved matters decision, analysis of an important decision on the implementation of multiple planning permissions, and new guidance for building control professionals in Wales.

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