Changes to permitted development rights

Posted 22/10/2013

The government has extended some permitted development rights in England and the changes came into force on 30 May 2013.  Some of those changes are summarised below.Change of use of business premisesIf premises are being used within use class B1 (business) or B2 (general industrial) then their use can be changed to use class B8 (storage and distribution).  Also, premises being used for use class B2 or B8 can change to B1.  Previously, in both cases this change could only be made in relation to floor space up to 235 square metres.  Under the changes introduced on 30 May 2013 this threshold has now increased to 500 square metres.Change of use from offices to residentialThe changes permit the change of use from use class B1(a) (offices) to use class C3 (dwelling houses). To take advantage of this, the change of use to a dwelling house must be implemented by 30 May 2016.However, the building must have been in use immediately before 30 May 2013 as an office or, if the building was not in use immediately before that date, it must have been used as an office when it was last in use.  One of the effects of this is that it is not possible to side step the requirement for residential planning permission, by building an office with the intention of changing its use to residential.  There are other exclusions, e.g. relating to the suitability of the site, listed buildings.In addition, even if it is possible to take advantage of this extension to the permitted development rights, express planning permission may still be required for any external works required to the building in carrying out the conversion.Change of use of agricultural buildingsExisting agricultural buildings can be changed to a flexible use falling within one of the following use classes: A1 (retail); A2 (financial and professional services); A3 (restaurant and cafes); B1 (business), B8 (storage and distribution); C1 (hotels) or D2 (assembly and leisure).However, the change can only be made if the building has been solely in agricultural use since 3 July 2012 or, if the use began later than that date, the building must have been solely in agricultural use for a period of at least 10 years.  The right is also subject to the cumulative floor space of the buildings within an agricultural unit not exceeding 500 square metres.  Again there are other exceptions and limitations.Other things to noteThe changes to the permitted development rights are very detailed in some areas and the above is a summary only of the some of changes. It does not set out all of the caveats or conditions that need to be adhered to, e.g. prior notice or approval requirements.  It is therefore important to obtain appropriate advice before proceeding with any change. For further information on this and any other aspects of planning please contact Bob Mc Geady who has been involved in  a number of recent Court of Appeal planning related judicial review cases. His contact details are bob.mcgeady@ashtonslegal.co.uk or telephone 0771 428 1254.