New planning roles now in force

In August 2013 the Government published a consultation proposing five new ‘permitted development rights’, which basically give a right to make changes to a building without the need to apply for planning permission.

They included allowances for: shops to be converted into homes; existing agricultural buildings to be converted into homes; shops to be converted into banks and building societies; certain buildings to change to nurseries providing childcare; and agricultural buildings to change to schools and nurseries. These changes came into force this week (on 6th April 2014).

The changes are part of the Government’s drive to expand permitted development rights so that only the largest scale development will require the submission of a planning application. This new, ‘refreshed’ approach is based on a three tier system to decide the appropriate level of permission, using permitted development rights for small-scale changes, ‘prior approval’ rights for development requiring consideration of specific issues, and planning permission for the largest scale development.

New Classes MA and MB concern agricultural buildings, with Class MB allowing agricultural buildings to change to residential use. However, the new permitted development rights are not straightforward, containing both restrictions [where development is not permitted] and conditions [which require an application to the local planning authority (LPA) for determination as to whether the ‘prior approval’ of the authority is required in respect of certain impacts and risks].

The restrictions mean that development under Class MB is not permitted where the site is not used solely for an agricultural use, or where there is an agricultural tenancy. The total floorspace should not exceed 450 square metres and only up to three dwellings may be provided. In addition, while the building(s) in question cannot be extended, Class MB does cover certain building operations connected with the residential conversion, such as the installation or replacement of doors, windows, roofs or exterior walls and the provision of services (gas, water, electricity, drainage etc). Planning permission is still required for any residential conversions in Conservation Areas, AONBs (Areas of Outstanding Natural Beauty), SSSIs (Sites of Special Scientific Interest) or affecting Scheduled Ancient Monuments (SAMs) or Listed Buildings.

The ‘prior approval’ process, which is a condition of the new permitted development rights for the change of use, still requires the developer to apply to the LPA for a formal determination as to whether the prior approval of the authority is required in respect of:

  • Transport and highways impacts of the development;
  • Noise impacts of the development;
  • Contamination or flooding risks on the site; or,
  • Whether the location or siting of the building makes it otherwise impractical or undesirable for the building to change from agricultural use to residential use.

The ‘prior approval’ process also needs to be followed in respect of any building operations that are necessary to carry out the conversion – in this case in respect of the design or external appearance of the building. Detailed plans and drawings will, therefore, still need to be provided.

Given all the above, it might seem at first sight that nothing much has changed, particularly when such detailed information is still required under the ‘prior approval’ process, and that the LPA still has some discretion over both the practicality and desirability of the change to residential use. Clearly it will take some time to see how LPAs deal with the details of these new changes.

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The new changes are complex and it pays to get the best advice at the outset of any conversion project. For further information, contact Paul Sutton (01223 271985) or Saffron Garner (01223 271943) in the Planning Team.

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