Permitted Development Rights New Permitted Development Rights Following publication of the Growth and Infrastructure Act 2013 the Government has published the Town and Country Planning (General Permitted Development) (Amendment) (England) Order 2013. A number of key changes have been made in relation to Permitted Development (PD) which are designed to promote growth and will become effective from 30 th May 2013. The amended PD Rights include the following areas and a summary of each is set out below: Household Extensions Minor Operations Business change of Use -Increased Thresholds Change of Use from Office to Residential Change of Use to Schools Change of Use of Agricultural Buildings Prior Approval Temporary Use for State Funded School Change of Use - New and Start-Up Businesses Increased Thresholds for Extensions and Alterations (Industrial & Warehouse/Offices/Shops/Catering and Financial & Professional Services) Development by Electronic Communications Code Operators Prior Approval The Growth and Infrastructure Act has introduced a Prior Approval procedure. The Prior Approval process will affect a number of the new PD Rights introduced. It is aimed at speeding up the planning process whilst retaining some element of control over the potential impacts of a development. This procedure prevents development from commencing until either prior approval is granted, a decision is made that prior approval is not required, or where a Local Planning Authority (LPA) has not decided, the expiry of 56 days following the date on which the LPA received the application.
In the event that a LPA is unable to give prior approval, the applicant will be asked to submit a formal planning application. Home Extensions (Part 1, Class A) Larger single storey rear extensions can now be built under PD rights provided they measure no more than 4m in height. New rules mean they can be up to 8m (previously 6m) in length for detached dwellings and 6m (previously 4m) in length for all other dwellings. These changes are temporary for a period of three years (ending 30 th May 2016) and do not apply to dwellings in Conservation Areas or National Parks. Before any such extension is commenced the developer must provide to the LPA a written description of the development. This must include specific measurements as well as a plan and addresses of neighbouring properties. The LPA is required to notify adjoining neighbours, giving 21 days to make representations. If any objections are received the LPA must consider the amenity of all adjoining premises. The development is not permitted until the LPA has given notice of its prior approval. It must do this within 42 days of receiving the Prior Approval request. Minor Operations (Gates, Fences, Walls and Other Means of Enclosure) (Part 2, Class A) PD Rights have been amended to allow schools to erect fences alongside highways up to 2 metres high (previously 1m) provided it does not create an obstruction to the view of persons using the highway as to be likely to cause danger to such persons. Business Change of Use Thresholds (Part 3, Class B) Change of use will be permitted from Class B2 (general industrial) or Class B8 (storage and distribution) to Class B1 (business) and the change of use from Class B1 or Class B2 to Class B8 will now be permitted up to 500sqm (previously 235sqm). Change of Use from Office to Residential (Part 3, Class J) PD Rights have been amended to permit the change of use from Class B1(a) (offices) to Class C3
(dwelling houses). No minimum floorspace limit applies. However, 17 Councils have been granted exemptions including: City of London, the London boroughs of Camden, Hackney, Islington, Kensington and Chelsea, Lambeth, Newham, Southwark, Tower Hamlets, Wandsworth and Westminster. Ashford and Sevenoaks, East Hampshire, Manchester City Council, Stevenage and the Vale of the White Horse. The new PD rights will apply only where the building has either been in use as an office immediately before 30 May 2013 or, if vacant, where its last use was an office use. Buildings that have not been used for offices will not be eligible (i.e. new vacant office buildings). Such changes of use will be subject to a prior approval procedure where the LPA will consider issues such as highways and transport impacts, land contamination and flood risk. Change of Use to School (Part 3, Class K) New PD rights are introduced allowing a permanent change of use of premises to a State Funded School from uses falling within Class B1 (business), Class C1 (hotels), Class C2 (residential institutions), Class C2A (secure residential institutions) and Class D2 (assembly and leisure); Such changes of use will be subject to a prior approval procedure where the LPA will consider issues such as highways and transport impacts, land contamination and flood risk. In addition to the above, the there is a right to revert back to the previous lawful use of the land (Part 3, Class L). Change of Use of Agricultural Buildings (Part 3, Class M) New PD rights are introduced to allow changes of use from agricultural buildings to a flexible use falling within either Class A1 (shops), Class A2 (financial and professional services), Class A3 (restaurants and cafes), Class B1 (business), Class B8 (storage or distribution), Class C1 (hotels) or Class D2 (assembly and leisure). Any such change of use must be under 500sqm. The new PD right will apply only to buildings which have been solely in agricultural use since 3 July 2012. Buildings which did not come into use until after that date must be used for an agricultural use for at least 10 years before they will benefit from the right.
For initial and subsequent changes of use of buildings where the cumulative area of floor space to be changed is up to 150sqm the developer must notify the LPA. Prior approval will be required where the cumulative floor space is between 150sqm and 500sqm. Use for Temporary State Funded School (Part 4, Class C) New PD rights are introduced to allow the change of use of a building and any land within its curtilage as a state-funded school for a single academic year. Following the period of one year the site reverts to its previous lawful use and can only be used once in relation to a particular site. The right does not extend to other D1 uses or apply to listed buildings, scheduled monuments, sites in a safety hazard area, military explosives storage area or to Sui Generis uses. It only arises where the Secretary of State has notified the LPA that the site has been approved for a school. Change of Use - New and Start-Up Businesses (Part 4, Class D) New PD rights are introduced to allow for a single period of up to 2 years, starting on the date the change of use commences a change of any building and land in its curtilage from Class A1 (shops), Class A2 (financial and professional services), Class A3 (restaurants and cafes), Class A4 (drinking establishments), Class A5 (hot food takeaways), Class B1 (Business), Class D1 (non-residential institutions) and Class D2 (assembly and leisure) to a flexible use falling within either Class A1 (shop), Class A2 (financial and professional services), Class A3 (restaurants & café) or Class B1 (Business). There is a floor space limitation of up to 150sqm. The right does not extend to other D1 uses or apply to listed buildings, scheduled monuments, sites in a safety hazard area or military explosives storage area. Increased Thresholds for Extension and Alterations Industrial and Warehouse Developments (Part 8, Class A) PD Rights have been amended to increase the size limits for new industrial buildings within the curtilage of existing industrial premises to 200sqm, in non-protected areas, for a period of three years.
Office Buildings (Part 41) PD Rights have been amended to increase the size limits for extensions to offices to 100sqm, in non-protected areas, for a period of three years. Shops, Catering, Financial or Professional Services (Part 42) PD Rights have been amended to increase the size limits for extensions to shop and professional/financial services establishments to 100sqm. It also allows the building of these extensions up to the boundary of the property (except against a residential property), in nonprotected areas, for a temporary period until 30 May 2016. Developments must be completed on or before 30 May 2016. Development by Electronic Communications Code Operators (Part 24) Prior approval will not be required for construction installation or replacement of various equipment which is completed before 30 May 2018. Telecommunication installations in Conservation Areas have been relaxed. Professional Advice This Fact Sheet is provided as a guide to the main changes to PD rights. One Planning advises it is essential to consult the detailed regulations prior to undertaking any development. Please contact One Planning for a friendly no obligation consultation. See Fact Sheet 1 for information on Certificate of Lawfulness Of Proposed Use or Development (CLOPUD).