16.05.2000

NATIONAL SURVEY BY CAMPAIGNERS REVEALS WIDESPREAD CONCERN OVER UK PLANNING LAWS

The following survey was designed, distributed and responses collected by the residents of Hinchley Wood in Surrey who have formed themselves into a residents group known as RAM. [You can contact residents Against McDonald's at: hwram99@hotmail.com or at www.hwram.org]

McDonald’s bought the much-loved local pub in their village and residents occupied the site to prevent the pub being refurbished as a fast food store. The occupation started in December 1998 and continues at the time of writing - May 2000.

The residents, like scores of similar local campaigns around the UK, are up against planning laws [known as ‘A3 Use Class’] which automatically dismiss objections to the transformations of local pubs into fast food stores by refusing to recognise this as a ‘change of use’. As a consequence, the Hinchley Wood residents have contacted other local campaigners in order to mount a campaign for the reform of such planning laws. The UK Government Department of Transport and the Regions have announced a review of these laws. The Hinchley Wood residents decided to conduct their own review by contacting the planning departments of hundreds of local authorities about this problem. The report below summarises the responses and concludes there is widespread concern over this issue. The Hinchley Wood campaigners also analysed company statistics on the development of McDonald’s stores throughout the UK which showed that their expansion increasingly relies on the development of new sites outside the usual High Street locations. Hence the threat to local community pubs is no coincidence.

In addition, faced with widespread and often successful community-based opposition to the opening of new stores, McDonald’s tactics seem to favour the purchase of pubs precisely because of the ludicrous ‘A3’ planning guidelines which enable them to avoid the usual planning applications and objections. This controversy therefore is one that strongly affects and angers local communities throughout the UK.

The McLibel Support Campaign has actively advised and supported the residents involved at all stages of their campaign. We believe that local communities should make the decisions about all aspects of their community life rather than be dictated to by powerful companies or local authorities. ________________________________________________________________________

A Survey of Use Class A3 of the Town & Country Planning (Use Classes) Order 1987

Introduction

This report summarises the findings of a survey of local authorities on Use Class A3. The purpose of the study is to: · Understand the extent of concern about the impact of the current A3 Use Class. · Ascertain the extent of support for change to the current A3 Use Class. · Provide data for submission to the DETR.

Methodology

A short questionnaire was sent to 390 local planning authorities and county councils in England on 21 March 2000. By 22 April 2000, 174 responses had been received of which 156 were completed questionnaires and 18 were acknowledgements. This response rate of 40% (completed questionnaires) is very high for a self-completion questionnaire of this nature, and indicates strength of interest in this issue. This response rate was spread fairly evenly around the country, with all regions being within 10% (+ / -) of the overall 40%. The survey was designed, distributed and responses collected by the residents of Hinchley Wood in Surrey who have formed themselves into a residents group known as RAM. The data has been analysed and presented by Jane Walker, DipMRS, MMRS on behalf of RAM.

Summary Findings

Revision to Use Class A3

The majority of authorities were in favour of a change to the current A3 Use Class:

Yes 61% No 17% No View Given 22%

Those in favour are also spread fairly evenly across the country, as shown on the attached map [not attached here]. Respondents’ comments indicate that the following types of outlet give rise to different considerations and amenity concerns:

· Sit-down restaurants, cafes, tea rooms. · Fast food and take-away establishments. · Drive-through outlets. · Public houses and wine bars.

Support for change was also evident in authorities that had not suffered problems from the current classification, but who nonetheless recognise the problems that can arise and are worried that ‘they could be next’. Some concerns were expressed about the practical implications of setting and judging the distinctions between the different types of outlet, denoting that any re-definitions would have to be drawn very carefully.

Problems With A3 Diversity

Around one-third of the group have experienced problems with conversion between A3 outlets where planning permission, had it been required, would not have been granted. Yes 35% No 52% No View Given 13% · The impact of fast food restaurants and take-aways was cited most often as a key problem. · A few respondents noted the problems arising from conversion to public houses (e.g. public order, disturbance). · However, comments suggest that a greater number are concerned about loss of local public houses to other A3 outlets - loss of social amenity and a community focal point that other A3 outlets do not provide.

Difficulties With A3 Re-Development Planning Applications

The results show:

Yes 29% No 57% No View Given 14%

Ventilation and extraction equipment appears to be the greatest cause of problems in re-development planning applications, with specific concerns being cited about unauthorised installations and retrospective applications. The findings indicate that planning rules are sometimes perceived as too flexible (in the developer’s favour) in respect of these two latter issues.

Concern Over Cost Penalties at Appeal

The risk of cost penalties if an appeal is lost is a concern for many respondents; however, the comments indicate that this is a consideration in all developments and not just those pertaining to Class A3.

Yes 23% No 59% No View Given 18%

Conclusion

Overall, these findings provide evidence that there are widespread and significant concerns about the wide range of uses included in the current Use Class A3. On behalf of local planning authorities, county councils and communities throughout England, RAM urge the DETR to split Use Class A3 to take full account of the amenity implications of the different outlets, noted above.

You can contact residents Against McDonald's at: hwram99@hotmail.com or at www.hwram.org  
 
 
 
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