Changes to the Law in Wales - Planning Permission for Mezzanine Floors

The Welsh Government is currently consulting on the proposal to introduce subordinate legislation which would require planning permission for mezzanine floors of over 200sq metres for the retail sale of goods in the existing footprint of a building. This change would bring the law in line with England where grant of planning permission for retail mezzanines over 200sq metres has been necessary since 2006.
The changes proposed would only apply to new retail developments or proposals for additional internal floor space in an existing retail unit not to mezzanine floors in place prior to the date that the subordinate legislation is passed or where construction of a mezzanine has started prior to that date.

Landlords or Owners of properties in Wales may want to consider the following as potential actions which could be taken in anticipation of a possible change in the law:

1. Install mezzanines in any vacant properties- to add value to the property as a result of the increased space available to prospective Tenants.
2. Obtain proof of any existing mezzanine space that has been recently constructed; this would protect the position should there ever be a dispute about whether the mezzanines were installed before the new proposed legislation or after. The best way of protecting the position would be to get a dated letter from the relevant Local Authority acknowledging the existence of the mezzanine.
3. Ensure that the installation of any mezzanine floors is commenced (even if not completed) in the near future, to avoid being caught by the new proposed legislation. Note this will need to be a bona fide commencement which demonstrates real commitment to the development.

The public consultation began on the 21st November 2014 and runs until the 13 February 2015. We can provide further advice on the consultation including how to respond should you need it.