06 Oct Industrial to Residential – A New Permitted Development Right

Permitted Development rights are effectively planning permission to allow the change of use between certain classes without the need for a full planning application. A recent change to the General Permitted Development Order 2016 has introduced a new permitted development right under Class PA. This allows the change of use of a building and any land within its curtilage from Class B1(c) (light industrial) to Class C3 (dwellinghouses). The right is for a temporary period of three years and applications must be determined by September 2020.

From 1st October 2017, applications for determination may now be made under Class PA to the relevant local planning authority as to whether prior approval is required for the change of use. If prior approval from the authority is required, the impacts of the development on highways and transport, contamination and flood risk for the building. The policy requires assessment if the building is in an area which provides important industrial services and if the sustainability of this will be impacted.

In addition to the prior approval procedure, the permitted development right is also subject to various conditions. The developer must prove that the building was not used solely for a light industrial use on 19th March 2014, the gross floor space does not exceed 500 sqm or there is no agricultural tenancy relating to the property. The change may not be applied to listed buildings or scheduled monuments.

The Government, by introducing a deferred time limit to apply for the change of use allowed local authorities the opportunity to withdraw the right through an Article 4 Direction.

Our planning consultants can provide advice and experience on change of use through various permitted development rights involving agricultural buildings, offices and residential dwellings.

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