The Government has published additional and revised ‘permitted development rights’ to allow change of use of property without planning permission, coming into force on 6 April 2016*.
Offices to Residential
Existing permitted development rights, allowing the change of use from offices to residential (which were to expire in May 2016), are to be made permanent. This has been anticipated for some time, reflecting the positive take- up of these rights to date.
These rights currently apply to the majority of England, with certain exceptions given to key employment areas. They will apply to all planning authorities from 31 May 2019, to give local those planning authorities time to withdraw these rights by issuing Article 4 directions.
This permitted development is subject to a process of prior approval from the planning authority and a further criterion, related to noise, has been introduced. Development will need to be completed within a period of 3 years starting with the prior approval date.
Light Industrial to Residential
A new permitted development right has been introduced to allow the change of use of a building and any land within its curtilage from Class B1(c) (light industrial) to Class C3 (dwellinghouses).
These rights will be for a temporary period of three years, starting from 1 October 2017, to enable local authorities to potentially withdraw these rights, by using Article 4 directions. The change of use itself will be permanent.
The change of use will be subject to a process of prior approval from the relevant local authority, with conditions and limitations, including that the gross floorspace of the existing building cannot exceed 500sqm.
The prior approval process includes considerations of highways, contamination and flooding impacts, together with the sustainability of the provision of industrial services.
The light industrial to residential change of use relates only to the change of use and not to external alterations. How many such buildings will be appropriate for residential use is perhaps questionable. However, it is a significant new opportunity that landowners should be made aware of, as it may present development prospects to add value from existing premises.
The change of use from light industrial to residential process includes a criteria on whether the site is in an area ‘important for providing industrial services’ and whether development have an adverse impact on the ‘sustainability’ of the provision of those services in the area of the local authority. This will be subject to interpretation and will require an informed approach to addressing and presenting proposals to maximise the chances of success.
Whilst it had been suggested, in 2015 by DCLG’s Brandon Lewis, that permitted development rights would ‘in future allow the demolition of office buildings and new building for residential use’ this has not been included in these latest changes.
Further advice can be provided by the network of Planning teams across the country.
* The Town and Country Planning (General Permitted Development) (England) (Amendment) Order 2016
