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Permitted Development: A New Right

As of 01 October 2017 a new temporary permitted development right has come into play.

Owners of light industry premises (Planning Use Class B1C), such as a printers, music studio or tailors may be able to benefit from this new temporary right, should they wish to change the use of their building to residential.

Use Class B1(c): use for any industrial process, being a use which can be carried out in any residential area without detriment to the amenity of that area by reason of noise, vibration, smell, fumes, smoke, soot, ash, dust or grit.

This use class covers a broad range of uses and further information can be found here.

The planning use class system and permitted development rights allow the change of use of buildings without the need for planning permission in a number of circumstances.

Included in these permitted development rights, was the change of use from offices (B1A) to residential use (C3), subject to local planning authority prior approval of certain limited matters.  When introduced this right was time limited and meant that the use of the building approved under the prior approval would in practice have needed to have “begun” by 30 May 2016, because any use begun after that date would not be permitted.

However, as part the Amendment Order to the Town and Country Planning (General Permitted Development) (England) Order 2015 (GPDO), that came in to force on 06 April 2016, this right was made permanent, meaning that the change of use from office to residential is still permitted development.

Interestingly, this Amendment Order has also introduced a new temporary permitted development right, Class PA, allowing the change of use of a light industrial building, that is use class B1(c), to residential, use class C3.  The right is limited to 3 years and came in nationally on 01 October 2017.

The new right enables light industrial buildings that may already be sited in residential areas to be used to create new homes. It is subject to a prior approval process which enables the impact the change of use would have to be considered. This temporary right relates to the period within which the use can be created.  Therefore, even after this temporary right ends in 2020, new homes created during the three year period will be able to continue that use.

A number of restrictions and conditions apply, so if you do have a building that you think may qualify please do not hesitate to contact Unit One Architects and see how we can help you make the most of this your permitted development rights.  For a limited time only…