A Section 5 request is a statutory process requiring the Planning Authority to determine, in the particular case, whether the use constitutes development and/or exempted development, and to set out the main reasons and considerations for the declaration. What constitutes development and exempted development, together with the relevant conditions and limitations, is determined exclusively by primary and secondary legislation. These provisions apply nationally and are not within the discretion of individual planning authorities. The role of the planning authority is limited to issuing a declaration, where a question arises and sufficient details are submitted, as to whether a particular proposal constitutes development and, if so, whether that development is exempt. In making such a declaration, the planning authority must apply the legislation as enacted; it cannot impose additional local requirements, apply policy preferences, or disapply exemptions provided for in law.

Accordingly, where a proposal involves non-related residents with shared kitchen and/or bathroom facilities, the determining factor is whether the proposed use falls within or outside the scope of exempted development as defined in legislation. Where it does not qualify as exempted development, the owner or developer is required to apply for planning permission for a material change of use. Where it does qualify, the planning authority has no discretion to require an application for permission. The Planning Department will continue to assess Section 5 applications consistently and robustly in the context of the relevant legislation at the time of the decision. 

For these reasons, the approach proposed in the motion cannot be implemented by the Council, as it is seeking to predetermine future exempted declarations. A passed Council motion cannot create or remove exemptions. Any change to the scope of exempted development would require an amendment to legislation.