Amendments to classes of the general permitted development order

The changes mean the building can be in use, removing the requirement for a vacant building for a continuous period of 3 months before the date of a prior approval application. The changes also see the 1,500 sq. m. floor space requirement removed.

By definition, Class E covers a wide range of the ‘old’ use classes – A1 (shop), A2 (financial and professional services), A3 (café or restaurant), B1a (office), B1b (R&D), B1c (light industrial), some D1 (clinic, health centre, creche/day nursery or day centre) and some D2 (gym) uses etc.

Not all commercial buildings will meet the permitted development criteria. There is a list of requirements that must be complied with. For example, the building cannot be within an Area of Outstanding Natural Beauty (now collectively known as ‘National Landscapes’), the Broads, a National Park, or World Heritage site. Also, the land cannot be designated as a Site of Special Scientific Interest (SSSI) or form part of a Listed Building or land within its curtilage.

Before beginning development, the developer must apply to the Local Planning Authority (LPA) for determination as to whether the prior approval of the authority will be required.

What are the LPA requirements?

The LPA will assess several key aspects of suitability:

• Transport and safe access
• Contamination
• Flood risk
• Noise
• Natural light to habitable rooms

The development will also be assessed on the general impact on having residential occupiers in an area the LPA considers important for non-residential uses.

Where the building is in a Conservation Area (CA) and the proposal involves the ground floor, there will be an impact assessment on the character or sustainability of the CA.

The LPA has 56 days to determine the application.

There will be instances where the conditions of previous planning permissions granted will exclude the exercising of permitted development rights. Similarly, though more rarely, the existence of an Article 4 direction by the LPA, may also restrict permitted development rights.

In both these instances, a prior approval application would not be acceptable, and a formal planning application will need to be submitted.

The BNG & Class MA changes are significant and throw up new challenges for developers and LPAs alike. 

Kate Wood is part of Eddisons' dedicated planning team who work across the UK offering planning advice, support in project managing applications, and steering strategic development sites through the local plan process.