Quick Planning Guide to: The New Permitted Development Rights

Yesterday (30th May) a new range of (much heralded) Permitted Development Rights were introduced that are designed to provide a more flexible approach to both domestic and economic development. Here are the highlights:

DOMESTIC EXTENSIONS

Class A (development within the curtilage of a dwellinghouse) is amended so that until 30th May 2016, for a dwellinghouse not on article 1(5) land (e.g. National Parks) nor on a site of special scientific interest (SSSI), the enlarged part of the dwellinghouse would have a single storey and —

(i) extend beyond the rear wall of the original dwellinghouse by more than 8 metres in the case of a detached dwellinghouse, or 6 metres in the case of any other dwellinghouse, or

(ii) exceed 4 metres in height

This temporary permitted development right is subject to a new procedure. Before beginning the development the person relying on the right must notify the local planning authority. The authority will then notify neighbouring properties. If neighbours object to the proposed development the authority must consider whether the extension should be approved. The development may not be started until the authority has notified the person of their decision or until the expiry of 42 days without such a decision being notified.

INCREASED BUSINESS FLOORSPACE

Article 6 amends Class B of Part 3 to increase the size of floor space in business premises which may change use from use Classes B1 (Business) or B2 (General Industrial) to use class B8 (Storage and Distribution), OR from use classes B2 or B8 to use class B1, from 235 square metres to 500 square metres.

Article 8 amends the Order to increase the permitted development right to erect, extend or alter industrial and warehouse premises from 25% of gross floor space or 100 square metres (whichever is the lesser) to 50% or 200 square metres. The new permitted development right is temporary and will expire on 30th May 2016.

Article 11 amends the Order to increase the permitted development right to extend or alter an office building from 25% of gross floor space or 50 square metres (whichever is the lesser) to 50% or 100 square metres. The new permitted development right is temporary and will expire on 30th May 2016.

Article 12 amends the Order to increase the permitted development right to extend or alter a shop, catering, professional or financial services establishment from 25% of gross floor space or 50 square metres (whichever is the lesser) to 50% or 100 square metres. The new permitted development right is temporary and will expire on 30th May 2016. The exclusion of development within 2 metres of the boundary of the curtilage is removed during the same period except in relation to premises which adjoin land or buildings in residential use.

FROM BUSINESS USE TO RESIDENTIAL USE

One of the most debated changes concerns the proposition of a change in use from office (business class use B1a) to a residential use (C3).

A new Class J (of Part 3 - Change of Use) provides: Development consisting of a change of use of a building and any land within its curtilage to a use falling within Class C3 (dwellinghouses) of the Schedule to the Use Classes Order from a use falling within Class B1(a) (offices) of that Schedule.

This new permitted development right is for a change of use only and being temporary will expire on 30th May 2016. It does not apply on land in certain areas, including those local authority areas who have sought and obtained exemptions. The new permitted development requires prior approval of the local planning authority in relation to transport and highways, contamination and flooding. Paragraph N of the Order sets out the specific procedure for applying for approval.

CHANGE OF USE OF AGRICULTURAL BUILDINGS

A new Class M (of Part 3 - Change of Use) allows existing agricultural buildings to change use to a flexible use falling within use class A1 (Shops), A2 (Financial & Professional), A3 (Restaurants & Cafes), B1 (Business), B8 (Storage & Distribution), C1 (Hotels) or D2 (Assembly & Leisure). 

To qualify the building must have been in agricultural use since 3rd July 2012 or if the use began later than that date, for a period of at least 10 years. (Nope, I don't understand that requirement either!). 

No more than 500 square metres of floor space in the building can be converted to a new use under the new right. Before beginning the development the person relying on the right must notify the local planning authority. If the change of use relates to more than 150 square metres of floor space the new permitted development right is subject to prior approval of the local planning authority in relation to transport and highways, noise impacts, contamination and flooding. Paragraph N sets out the procedure for applying for approval.

FLEXIBLE CHANGES OF USE

A new permitted development right allows any building within use classes A1, A2, A3, A4, A5, B1, D1 and D2 to change to a flexible use falling within either use class A1, A2, A3 or B1. The new use may only be for a single continuous period of up to 2 years. The change of use may only relate to a floor space of no more than 150 square metres.

The Town and Country Planning (General Permitted Development) (Amendment) (England) Order 2013 is available HERE

And if you have any questions then do email me at: ianbutter@ruralurbanplanning.co.uk