The Government has published the anticipated amendment to the General Permitted Development Order that will allow qualifying buildings in class E use to be converted to housing (subject to prior approval).
In mid-2020 the Government updated the Town and Country Planning (Use Classes) Order, grouping a wider range of commercial uses into a new ‘E’ use class. The new ‘E’ class use encapsulates shops, financial and professional services, food and drink uses (but not public houses or takeaways), offices and some other commercial uses. The new permitted development rights will allow all qualifying buildings within the new use class E to benefit from the potential to be converted to residential use. It was already the case that buildings in some types of commercial use (such as offices and some shops) could be converted to housing where those sites qualified (and subject to prior approval from the local authority), but the amendment widens the scope of those rights to cover the full range of uses that fall within the new use class E.
Importantly, for the building in question to qualify, it must have been vacant for a continuous period of at least three months prior to the application for prior approval being made. It must also have been used for use class E purposes for at least 2 years. Additionally, there is an upper floorspace limit that can be converted of 1500sqm.
Like some other permitted development rights relating to changes of use the new rights are subject to prior approval from the Local Authority. In determining the prior approval application the Local Authority may consider issues such as transport, contamination, flood risk, design, residential amenity, noise and heritage matters. For sites in conservation areas a further consideration is ‘the impact of that change on the character or sustainability of the conservation area’.
The rights do not apply to listed buildings or to sites in national parks or areas of outstanding natural beauty.
The regulations can be read at: https://www.legislation.gov.uk/uksi/2021/428/contents/made. Applications for prior approval can be submitted from 1st August 2021 onwards.
If you have a building that you think may qualify for the new permitted development rights then please do not hesitate to contact Spruce Town Planning Ltd if you would like to discuss.
