Change from light industrial to residential use now permitted development

New permitted development rights came into force which allow a change of use of a building and land within its curtilage from a light industrial use to a dwellinghouse, subject to a number of exceptions and conditions. These rights will be time limited meaning that applications for prior approval for a proposed change of use will not be permitted from 01 October 2020. For proposals on or after that date express planning permission will be required.

Rights and exceptions

The new rights were introduced by the Town and Country Planning (General Permitted Development) (England) (Amendment) Order 2016 but did not come into force until 1 October this year. The rights under new Class PA allow a change of use from light industrial (Class B1(c)) to a dwellinghouse (Class C3) subject to the following exceptions which preclude a change of use if:

1. An application for prior approval for the change of use was submitted on or before 30 September 2017.
2. The building was not used solely for a light industrial use on 19th March 2014 or, in the case of a building which was in use before that date but was not in use on the 19 March 2014, when it was last used.
3. The prior approval date falls on or after 01 October 2020.
4. The gross floor space of the existing building exceeds 500 square metres.
5. The site is occupied under an agricultural tenancy, unless the express consent of both the landlord and the tenant has been obtained.
6. Less than one year before the date the development begins an agricultural tenancy over the site has been terminated, and the termination was for the purpose of carrying out development under Class PA, unless both the landlord and the tenant have agreed in writing that the site is no longer required for agricultural purposes.
7. The site is, or forms part of a site of special scientific interest, or a safety hazard area, or a military explosives area.
8. The building is a listed building or is within the curtilage of a listed building.
9. The site is, or contains, a scheduled monument.

Conditions

The exercise of the rights is subject to conditions which are summarised below:

Before beginning the development, a developer must:

1. Submit a statement accompanying the application for prior approval to the local planning authority setting out the evidence the developer relies on to demonstrate that the building was used solely for a light industrial use on the relevant date referred to above.
2. An application must be made to a local planning authority for a determination as to whether prior approval is first required as to:
   1. transport and highways impact of the development,
   2. contamination risks in relation to the building,
   3. flooding risks in relation to the building, and
   4. whether the authority considers the building to be in an area that is important for providing industrial services or storage or distribution services or a mix of them, whether the introduction of, or an increase in, a residential use of premises in the area would have an adverse impact on the sustainability of the provision of those services.

Development under Class PA must be completed within a period of three years starting with the prior approval date.

Article 4 Directions

Local planning authorities may introduce Article 4 Directions which remove these permitted development rights from defined areas within their administrative boundary. Some London local authorities such as Hackney have introduced borough wide Article 4 Directions.

Comment

The extent to which these new permitted development rights will be effective in terms of increasing the supply of housing will be interesting to see. Clearly in some areas the introduction of Article 4 Directions will limit the impact, similar to the introduction of Article 4 Directions which limited permitted development rights for change of use from offices to dwellinghouses.

We note that the office to dwellinghouses permitted development rights were also time limited but were later made permanent, therefore it will be interesting to see if the same will be done for these new light industrial to dwellinghouses permitted development rights.