All Change!

Fenella Collins MRICS

Head of Planning

Permitted development rights forChange of use of farm buildings

National Planning Policy Framework

Reinstatement of the Right of appeal for the non-

validation of planning applications

Permitted development rights for the change of use

of farm buildings to:

Range of commercial uses – GPDO Part 3 Class

M

Residential use – GPDO Part 3 Class MB

Some recent CLA lobbying successes

Town and Country Planning (General Permitted

Development) Order 1995 (as amended)

Withdrawing permitted development rights

Article 4 direction

Condition on a previous planning permission

What is permitted development

Change of use of farm buildings to:

Class M – commercial uses

Class MB- (a) residential use and (b) operations to

facilitate the change of use

Thresholds – 150m2 and 500m2, 450m2

Protected areas (aka Article 1(5) land) (NP, AONB,

the Broads, WHS)

Class J – B1(a) offices to residential

What changes are there?

SI 2013 1101 Class M (30 May 2013)

Existing buildings up to 500 sqm but sui generis

Range of uses:

A1 – retail, A2 – professional office, A3 – food and drink

B1 – office/light industry, B8 – warehousing and distribution

C1 – hotel, guest house

D2 – sports/leisure/cinema

Prior Approval requirements: Up to 150sqm notify LPA: 150-500sqm

prior approval (56 days) + public consultation

GPDO Part 3 – Class M – commercial uses

SI 2013 1101 Class J (30 May 2013)

Existing office building and land with its curtilage

Time limited – 3 years to 30 May 2016 but possible

retention

Prior approval application and 21 day public consultation

NPPF

Exempted land

Building not in B1(a) use e.g. farm office

GPDO Part 3 – Class J – office to residential

SI 2014 no. 564 (6 April 2014)

The change of use of an agricultural building and

land within its curtilage to use as a dwelling house

and

The building operations necessary to convert the

building to a dwellinghouse

Curtilage (for purposes of Classes M, MA or MB)

drawn very tight to the building

What is permitted under new Class MB

Established agricultural unit “means agricultural land

occupied as a unit for the purposes of agriculture” AND on 20

March 2013

Agricultural building “trade or business”

10 year rule

Cumulative floor space = 450 sqm before and after

Up to 3 dwellings on an established agric unit

Can’t extend beyond existing foot print

Conditions and Limitations

Protection for tenants under AHA’86 and ATA’95

New GPDO Part 3 Class MB vs GPDO Part 6 (10

year rule)

GPDO Part 6 v new GPDO Part 3 Class MB

(20/3/13)

GPDO Part 1 (dev within curtilage of dwelling)

Conditions and Limitations (cont)

Class MB not available on:

Article 1(5) land (National Parks, AONBs,

Conservation Areas, the Broads, WHS) or

SSSI, safety hazard areas, military explosive

storage areas or

Listed buildings and scheduled monuments

Conditions and Limitations (cont)

Buildings operations “cannot extend beyond”:

Installing or replacing

Windows, doors, roofs or exterior walls

Water, drainage, electricity, gas or other services

And

Partial demolition “to the extent reasonably

necessary”

Conditions and Limitations (cont)

Building operations reasonably necessary?

All development under Class MB requires prior

approval BEFORE any development commences

Assessment of Impacts

Transport and highways

Noise

Contamination

Flooding

Notification requirements

Prior approval also to assess:

Location

Siting

Impractical or undesirable

Design and external appearance

Notification requirements (cont)

Refused

Approved

Approved

LPA determination period – 56 days following date of

receipt of prior approval application ( includes 21

days public consultation)

When can development commence?

Written notice prior approval not required

Notice that prior approval is granted

No decision received within 56 days following

date of receipt of application

3 years to commence development

Prior approval procedure – Class M, MB and J

NPPF and relevance to prior approval matters

Request for further information

Conditions

Refusal of prior approval application

Flood risk assessment

Compliance with prior approval procedure

Prior approval procedure - government clarification

Wildlife surveys

Building Regulations

Restrictive covenants

Condition on a previous planning permission

Other matters

But it is possible with full planning permission

Get cracking!

THANK YOU

16 Belgrave Square

London SW1X 8PQ

Tel 020 7235 0511

Fax 020 7235 4696

Email mail@cla.org.uk

Website www.cla.org.uk