Digbeth - Local Development Order (LDO)
What is a Local Development Order (LDO)?
This is a new type of planning mechanism, which enables us to grant planning permission automatically for certain types of development within a certain geographical area. Effectively it extends 'permitted development' within a defined area and specifies the types of development which are permitted. If you are proposing a development specified in the LDO, therefore you will no longer need to submit a separate planning application.
Why are we adopting this LDO?
In March 2011 the Government announced the creation of a number of Enterprise Zones across England to support economic growth. Birmingham City Centre, including land within Digbeth was chosen as an Enterprise Zone. As part of the designation, there is a commitment that we will help accelerate growth and create new jobs. Various approaches will be used to help deliver this growth, including a simplified planning process using LDO’s, where appropriate.
Where does it apply?
This LDO is centred on Digbeth and follows some practical and logical boundaries on the ground, including the Digbeth High Street, the ring road and railway line to the north. Specifically it covers an area located between New Bartholomew Street to the north, the Grand Union Canal and Waterly Lane Middle way to the east, Trinity Terrace to the south and High Street Bordesley and High Street Deritend to the west. See the plan of the area covered by the LDO on the main page.
What is the aim of the LDO?
The aim of the LDO is to streamline the planning system for businesses seeking to locate and expand in Digbeth by enabling the reuse and conversion of existing buildings. In particular it aims to encourage the business, financial services, digital media, creative industries and ICT sectors to expand. In addition to these uses, other community and commercial uses would also be supported to encourage a mixed use area.
These aims reflect our Big City Plan which acknowledges Digbeth as central to the opportunity for Birmingham to differentiate itself in a global market place. It identifies Digbeth as an area for growing creative businesses, developing a vibrant urban community and forming part of the Digital District. This will lead to improvements in digital infrastructure, delivering ultra fast broadband services to businesses thereby creating conditions to enable investors to be confident in the area.
Historically Digbeth has been a focus for industrial activity dating back many centuries and the area’s importance as part of Birmingham’s industrial heritage is reflected in the Conservation Area designation. The area has evolved responding to changes in the economic fortunes of Birmingham and this has resulted in the conversion and adaptation of factories and warehouses for a range of uses most notably growth in the creative industries. The changing circumstances has also meant the area has experienced increasing vacancy rates as businesses close or move, leaving empty but architectural robust buildings.
The relaxation of the requirement for separate planning permission for changes of use will support the drive to utilise vacant premises, driving economic growth. It will also help to secure the unique heritage of the area thereby securing growth and delivering the ambitions of the Big City Plan.
What can I do exactly under the LDO?
You are allowed to change of use of an existing property from the use classes specified below, to the list of uses set out in the order, without the need to apply for planning permission (subject to conditions). The changes permitted are:
-
Existing use - B1 (a), (b), (c), B2 and B8 – permitted change to -
o B8, where the floor space does not exceed 999 square metres
o D1 (excluding day nurseries/crèches and places of worship/religious instruction) where the floor space does not exceed 999 square metres
o D2 (excluding banqueting suites) – where floor space does not exceed 999 square metres
o A1, A2 and A3 where the floor space does not exceed 199 square metres
-
Existing use D1 and D2 – permitted change to -
o B1 and B8 where floor space does not exceed 999 square metres
-
Existing use A1 and A2 – permitted change to -
o A2, A3, B1 and B8 where floor space does not exceed 999 square metres
o D1 (excluding day nurseries/crèches and places of worship/religious instruction) where floor space does not exceed 999 square metres
o D2 (excluding banqueting suites) where floor space does not exceed 999 square metres
-
Existing use A3 – permitted change to –
o B1 and B8 where the floor space does not exceed 999 square metres
o D1 (excluding day nurseries/crèches and places of worship/religious instruction) where floor space does not exceed 999 square metres
o D2 (excluding banqueting suites) where floor space does not exceed 999sqm
Development is not permitted if –(a) if the premises subject to change of use to D1 use is located in Flood Zone 2 or 3
(b) if the premises is statutorily listed either now or during the lifetime of the LDO.
The change of use must also comply with the following conditions -(a) it shall not operate outside the hours of 0700 – 2330 hours.
(b) if any fume extraction, mechanical ventilation and or filtration equipment is required the use shall not commence until this has been provided in accordance with details that have prior to installation been submitted to and approved in writing by the Local Planning Authority.
What are these use classes?
These use classes are defined as
- A1- Shops
- A2– Financial and professional services
- A3– Restaurants and café’s
- B1- Business uses (a) offices, (b) research and development, studios, laboratories, high tech (c) light industry
- B2- General Industry
- B8- Storage and Distribution
- D1- Non residential institutions
- D2– Assembly and Leisure
Which buildings are listed?
The LDO does not grant consent to change the use of any existing or future listed buildings situated within the boundary of the LDO area. You must still apply for Planning Permission and Listed Building Consent for any internal or external alterations. The buildings within the LDO area which are currently listed are:-
- 58 Oxford Street
- Gentleman’s Urinal, Allison Street
- 123-135 (Former Ice Factory and Cold Store)
- Moor Street Station
- Former Church of Holy Trinity, Camp Hill
- Clements Arms Public House, Coventry Road
- Canal Roving Bridge at Bordesley Junction, Glover Street
- 173 & 174 (Former Church), High Street
- Canal Side Warehouse at Warwick Bar, Dock & Stop Lock, Fazeley Street
- Gun Barrel Proof House, Banbury Street
- 106-110 (even) Fazeley Street
- 122 (Supergas Ltd) Fazeley Street
- Public Conveniences attached to corner of 54 Liverpool Street, Great Barr Street
- Road Bridge over Canal, Great Barr Street
- St. Basil's Centre, Heath Mill Lane
- 78 Allison Street (former RTP Crisps)
- 85 Digbeth
- 186,187, 188 (Old Crown PH) High Street
- 224 & 225 High Street
- Devonshire House (The Custard Factory), High Street
- South Birmingham College Annexe, Milk Street
What do I still need planning permission for?
Do I still need Conservation Area consent?
Conservation Areas consent is only required for the demolition of buildings and is not required for other forms of development, such as a change of use. This is not changed as a result of the LDO
Do I still need advertisement consent?
Yes - the LDO does not remove the need for advertisement consent (subject to the normal requirements set out in the Advertisement Regulations)
Do I need to inform the Council if I want to change the use of a property permitted under the LDO
No - providing the change is in accordance with the LDO. The aim of the LDO is to cut down the red tape and costs involved in establishing such new uses. However, if you are unsure please contact us and we will provide written confirmation of whether your proposal complies with the LDO. We will closely monitor the LDO and any changes that take place. Those not in compliance with the LDO could be subject to legal enforcement action.
What process of approval and consultation has the LDO been through?
Internal consultation on the draft LDO has taken place with other Council departments, including Transportation, Regulatory Services and Legal Services. Discussions have also taken place with the Environment Agency. The City Council’s Planning Committee approved the draft LDO for consultation on 26 January 2012. Formal public consultation on the draft LDO finished on the 30th March 2012. The LDO has been endorsed by the DCLG and is now formally adopted
How long does the LDO last for?
3 years from the 16th May 2012 when it was formally adopted, although we will be able to retain the LDO longer term if it proves successful. We are also able to modify or revoke the LDO within the 3 year period, if necessary.
What happens to the LDO at the end of the 3 year period?
We will review the performance and effectiveness of the LDO at the end of the 3 year period. At that time, the LDO would cease to apply unless we have decided to renew it, either under the same terms and conditions or under modified terms and conditions.
What happens to my development at the end of the 3 year period?
The changes of use that have taken place under the LDO will be allowed to continue and remain. No new changes of use will be allowed under the terms of the LDO at the end of the 3 year period, unless it has been renewed. You would need to apply for planning permission for such development. The same principles apply if the LDO is revoked or modified before the end of the 3 year period. If you have started work but not yet completed it at the end of the 3 year period, you will be allowed to complete it.
Last Updated : 19th June 2012