Government makes office to residential permitted development rights permanent
Last week the Government finally confirmed that the permitted development rights first introduced in May 2013, will be made permanent from 6 April 2016 to continue to bring forward sites for much-needed housing across England. These provisions are to be made under Class O, Part 3 of Schedule 2 of the Town and Country Planning (General Permitted Development) (England) (Amendment) Order 2016.
Over the past three years these provisions have provided a means of securing the change of use of office premises to residential use whilst avoiding many prescriptive planning requirements; such as affordable housing and other contributions and compliance with detailed residential space standards and unit mix requirements. A change of use can be secured through the prior approval process which gives the Local Authority the ability to assess a scheme with regard to the transport and highways impacts of the development, contamination risks, and flooding risks on the site. These updated regulations have now introduced a fourth test which includes the impacts of noise from commercial premises on the intended occupiers of the development.
The updated regulations also confirm that conversions must be completed within a period of 3 years starting with the prior approval date. Certain areas which are already exempt from the permitted development right (such as the Central Activities Zone in London) will have their exemption removed with effect from 31 May 2019, potentially opening new areas for residential conversions to come forward. Local Authorities will, however, be allowed to bring into force Article 4 Directions removing the rights, if they wish to do so. The previously rumoured extension of the rights to allow for the demolition and rebuilding of office buildings have not been introduced in this package of updates.
The release also introduces a new temporary permitted development right for the change of use of light industrial premises B1(c) to residential from 30 September 2017 until 1 October 2020 to further enhance delivery of housing. This provision relates to buildings used solely for a light industrial use on 19th March 2014 or when it was last in use, with a floor area below 500 square metres. This permitted development provision is also subject to a condition which requires that before beginning the development, the developer must apply to the local planning authority for a determination as to whether the prior approval is required. In addition to the four tests noted above, this permitted development right includes a fifth test.
This additional test allows the Local Authority to assess the impact of a change of use on the sustainability of important industrial, storage and distribution areas. In addition, any request for prior approval needs to be supported by a statement setting out the evidence the developer relies upon to demonstrate that the building was used solely for a light industrial use on 19th March 2014. The updated legislation is available here.
Should you wish to discuss these provisions further or require advice on a specific site, please feel free to get in touch with a member of our team on: 020 3096 7000.