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New Permitted Development Rights – Light Industrial Use to Residential Use

Posted on 28 November 2017 by Janet Keirle

New Permitted Development Rights â Light Industrial Use to Residential Use

Recent years have seen the introduction of a number of new permitted development rights, in particular for the change of use of buildings to dwellings in an effort to boost housing. To date, these have included permitted development rights allowing the change of use of agricultural buildings, offices and storage buildings to residential.

From 1st October 2017 a new class PA came into force allowing the change of use of a building in light industrial use to residential use.

Class PA of the General Permitted Development (England) (Amendment) Order 2016 allows “development consisting of a change of use of a building and any land within its curtilage from a use falling within Class B1(c) (light industrial) to a use falling within Class C3 (dwelling houses).

Various criteria apply in order for the change of use to be a permitted development. For example, development will not be permitted if the building was not used solely for light industrial use on 19 March 2014 or when last in use before that date; the gross floor space of the existing building exceeds 500m2 or the building is listed or within the curtilage of a listed building.

If the building complies with the criteria an application for Prior Approval must be submitted to the Local Authority for a determination as to whether prior approval is required. The new right is available for three years. Therefore prior approval has to be sought by October 2020.

In considering the application the Local Authority will take into account matters such a transport and highways impacts of the new development, contamination rights and whether such residential use will have an adverse impact on the sustainability of the provision of those services.

The Local Authority has 56 days from the date of the application in which to notify the applicant whether prior approval is required or not. Development can proceed if the Local Authority fails to notify the applicant within 56 days. It is however recommended that prior approval is obtained.

It should be noted that unlike Class Q of the General Permitted Development Order (agricultural to residential dwellings) the new rights also apply to National parks and Areas of Outstanding Natural Beauty.

For further information please contact the Commercial Property Team in Bridgwater.

Posted in: Commercial Property