Further Amendments To Permitted Development Rights

On 6 April 2014, permitted development rights are to be amended to enable additional changes of use and associated building works to take place particularly in respect of bringing forward increased opportunities for residential development where currently planning permission would be required. Most of the additional rights will require notification and prior approval of the local planning authority (LPA) before change of use can take place.

However, those familiar with the planning system may well take the view that with the exception of Class CA (where the LPA cannot resist the change of use, save by the issuing of an Article 4 Direction), these new rights are the subject of significant statutory controls which will enable LPAs to resist proposed changes of use as effectively as if the application for prior approval were an application for planning permission.

The Proposed Changes of Use

Class CA will permit a change of use of a building and associated land within its curtilage currently used as a shop to use as a "deposit taker". A "deposit taker" means a bank, a building society, a credit union or a friendly society. The LPA must be notified following the change of use and evidence must be provided that the site is being used as a deposit taker. The current law permits a change of use from financial and professional services to shop but not the other way round. This flexibility is to be welcomed.

Class IA will permit a change of use to a dwelling house of a building currently used either as a shop or for financial and professional services or a mixed use combining either of these elements with a residential use. Building operations reasonably necessary for the conversion of a building to a dwelling house will also be permitted. However, the cumulative floor space in the building must not exceed more than 150 square meters of floor space. The term "dwelling house" is extended to include "flat". The ability to change use will not apply to a listed building.

Further conditions apply to Class 1A changes of use. Before beginning the development, the developer must apply to the LPA for a determination as to whether the prior approval of the authority will be required in respect of transport and highways impacts of the development, contamination risks in relation to the building, flooding risks. Significantly the LPA is asked to determine whether it is undesirable for the building to change to a use for a dwelling house because of the impact on...