Ban on shop-to-residential conversions in Reigate & Banstead ‘too little, too late’ says Merstham councillor
Greens have welcomed Reigate & Banstead Borough Council’s decision to restrict conversion of commercial units to residential accommodation.
An ‘Article 4 direction’, removing the right of building owners to turn ground floor commercial units into residential under permitted development rights (PDR) came into force on February 13.
Instead, they will have to apply for full planning permission if they want to convert premises in the borough, including in Banstead, Horley, Redhill and Reigate town centres.
The move comes four years after the government extended PDR in August 2021, despite objections from RBBC.
The council had argued that letting landlords convert commercial premises to residential without formal permission was “unnecessary, unwelcome and undemocratic” and would undermine economic and employment opportunities.
The government’s decision meant that developers could buy and demolish shops – such as takeaways, laundrettes, cafes and hairdressers – and replace them with private homes without planning permission.
One high-profile victim of the extended PDR was the parade of shops in Nutfield Road, Merstham, where the landlord, Woodcote Estates, incrementally reduced the length of leases, from 10 years to one year, which made it untenable for the occupants to keep renewing their leases.
As the company gradually obtained possession of the premises it left them empty with a view to turning them into flats, leading to the closure of nearly all of the shops.
In September 2023, Cllr Shasha Khan (Green: Hooley, Merstham and Netherne) proposed a motion - unanimously approved – to bring in the Article 4 Direction in an attempt to halt the loss of shops.
But the council insisted on carrying out a Retail Needs Survey before implementing the change.
Cllr Khan argued against this, saying: “We don’t need to wait between 12 and 24 months for a survey that will state what everyone knows: the community needs these shops if it is to thrive.”
Cllr Khan said at the time that the loss of the few remaining small businesses and amenities in Merstham was “a kick in the teeth” to all those fighting for positive change in the face of social deprivation.
“Loss of meeting spaces and areas for social engagement – shops, food outlets, the launderette – contributes directly to increased isolation, loneliness and disenfranchisement especially among the many elderly, disabled and financially compromised, not to mention our many unpaid caregivers who are tied to the immediate locale in their care of dependents.”
Following the recent Article 4 direction, Cllr Khan said: “The long-awaited removal of Permitted Development Rights has a bittersweet taste for me. It’s a victory of a kind as it will prevent further shops from being lost, but it feels like it’s too little, too late.
“In Merstham the whole parade of shops is pretty much gone, with some already converted into flats. The only shop left is the launderette, which has hung on thanks to its special position as a necessary local service.”
Cllr Khan said his predecessors could have done more to protect the parade.
“Some urgency on the part of Merstham’s then Conservative councillors to save the shops, such as applying for an Article 4 Direction at the time, might have saved the parade.
“But Conservative politicians do have unhealthy connections to property developers, whose interests sometimes seem to be more important than those of the community.”
Cllr Khan said that the separate issue of ensuring the borough has enough housing, particularly much-needed affordable housing, still needs to be addressed.
“Stopping commercial-to-residential conversions may only take away a handful of potential homes, but it could be seen as the council not caring about where people are to live.
“Our attempts to save shops need to be accompanied by a cohesive plan to increase the housing stock, by acting to prevent landlords from leaving properties empty, and by building more affordable homes.
“At present there is no clear plan, and we revealed only this month that the council has reneged on its commitment to spend £20 million on building new affordable homes.”