Permitted Development Rights – latest changes

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News article

Permitted Development Rights - latest changes

March 2016

permitted development changes

The Government has published an update to legislation that allows changes to be made to buildings and use of land without the need to apply for planning permission. 

New permitted development rights, which only apply in England and come into effect from 6 April 2016, amend and extend the types of buildings that can change use, subject to certain technical conditions that require the local planning authority to give “prior approval”.

The permitted development right to change buildings in office use to residential was due to lapse in May 2016. The housing and planning minister, Brandon Lewis, has now announced that the right will be made permanent as part of the government's drive to increase housing numbers. There is also an added technical condition allowing the local planning authority to consider certain noise impacts for a change of use. 

The latest changes also permit launderettes to change use into dwellings, subject to prior approval of certain matters.

Finally, a new temporary permitted development right for the change of use of buildings in light industrial use to dwellings has been created. It is subject to a prior approval process which enables the local planning authority to assess whether the introduction of, or an increase in, a residential use of premises within an area important for providing industrial services or storage or distribution services (or a mix of those services) would have an adverse impact on the sustainability of the provision of those services,

The ‘adverse impact’ test on existing uses will be subject to interpretation and likely to be where most debate will arise. 

This right will have effect from 1 October 2017 for a three-year period. 

If your client has a building that falls within one of the uses described above, we can advise on the planning potential for residential use. 

If you have any questions about this article, please contact Kay Davies on 01530 567476 email here

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