New planning rules in force from 30 May 2013 extend rights to change use without planning permission

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1 Planning briefing 14 May 2013 New planning rules in force from 30 May 2013 extend rights to change use without planning permission Summary and implications The Government published legislation at the end of last week that will relax the rules on when planning permission is needed for change of use. The new rules come into force on 30 May 2013 and are intended to assist regeneration and get empty and under-used buildings back into productive use. The changes that will be introduced through an amendment to the General Permitted Development Order 1995, will allow for the first time the following changes of use without the need to obtain planning permission: offices to residential use; flexibility between high street uses; agricultural buildings to a range of new business uses; and opening of new state-funded schools. Points to note Some of the changes permitted are only available for a limited period of time and there are a number of exemptions and conditions that apply. The rules do not apply to listed buildings or scheduled monuments, military explosives storage areas or areas that are a safety hazard. This briefing note focuses on the changes that will be of particular interest to commercial landowners and developers. Ask a question If you have any questions please contact: Christopher Stanwell, Partner T +44 (0) c.stanwell@nabarro.com Clare Eccles, Senior Associate T +44 (0) c.eccles@nabarro.com Changing offices to residential without planning permission (28/01/13) This e-briefing was published following the Government s announcement in January 2013 of its intention to relax the planning rules on change of use. More The Planning team To find out more about the team, and our capabilities click here How will the changes affect commercial landowners and developers? a) Office to residential use The new rules permit a change of use from B1(a) offices to C3 residential use without the need to apply for planning permission. Exemptions Following the Government s announcement in January, 30 out of the 33 London boroughs and seven out of the eight largest cities outside London sought an exemption to this rule on the grounds of exceptional economic circumstances. However, only 17 local authorities were 1

2 successful for either parts of or the whole of the area within their control. These areas are set out in the table below. How long are the rules in force? This new rule applies only to buildings in B1(a) office use before 30 May 2013 and can only be relied upon for three years, expiring on 30 May Will affordable housing be required? Changes of use permitted by this amendment to the General Permitted Development Order will not engage affordable housing policies and other policies within the local plan. Affordable housing obligations will therefore not be required. Are there any other conditions that must be observed? In order to rely on these rules, an application to the local authority for a determination as to whether prior approval is required in relation to transport and highways impacts, contamination or flooding risks on-site must be made before beginning the development. Local authorities in London exempt from permitted change from office to residential use Local authority Area exempt City of London Westminster City Council Islington Hackney Tower Hamlets Central Activities Zone and Tech City, London Southwark Lambeth Wandsworth Camden Kensington and Chelsea Tower Hamlets Newham Hackney All Areas in Isle of Dogs Royal Docks Enterprise Zones 8 areas in and around De Beauvoir 6 areas in Mare Street Local authorities outside London exempt from permitted change from office to residential use Local authority Area exempt Manchester City Council Manchester City Core Vale of the White Horse, Oxfordshire Milton Park Enterprise Zone Harwell Oxford Enterprise Zone Stevenage Borough Council 13 areas within Gunnels Wood Employment Area BT Building, London Road Sevenoaks Areas in London Road Crown Inn, Westerham Ashford Ashford Commercial Quarter 2

3 Local authorities outside London exempt from permitted change from office to residential use Petersfield Parish East Hampshire Alton Parish An area in Whitehall and Bordon Horndean Parish Liss Parish Bramshott and Liphook Ward and Parish Ropely Parish Bentley Parish Grayshott Ward and Parish Four Marks and Medstead Ward b) High street changes of use This is a temporary measure to encourage and assist pop-up ventures and people looking to test new business ideas. It allows changes of use from Class A1 shops, A2 financial and professional services, A3 restaurants and cafes, A4 drinking establishments, A5 hot food takeaways, B1 businesses, D1 non-residential institutions and D2 assembly and leisure to a flexible use falling within either Class A1 shops, A2 financial and business services, Class A3 restaurants and cafes and B1 businesses. Exemptions In addition to the general exemptions that apply, buildings that exceed 150 square metres are exempt. How long are the rules in force? The rules are only in force for two years. The building reverts to its previous lawful use at the end of the period of flexible use. This means that planning permission will be required in order to continue the use at the end of this period. Are there any other conditions that must be observed? The planning authority must be notified of the date the building will begin to be used for one of the flexible uses and what that use will be, before the use begins. The building may be used for just one of the use classes comprising the flexible uses at a time. A further change within the two-year period is permitted provided the local authority is notified. Planning permission will be required in order to continue the high street use at the end of the two-year period c) Agricultural buildings to a range of new business uses The new rules also allow existing redundant agricultural buildings of 500 sq m or less to change to use within either Class A1 shops, Class A2 financial and professional services, Class A3 restaurants and cafes, Class B1 businesses, Class B8 storage and distribution, Class C1 hotels or Class D2 assembly and leisure. If there is a change of use of an agricultural building in reliance on this rule it shall be treated as having a sui generis use. The new rules do not allow conversion of agricultural buildings to residential use without the prior grant of planning permission. The new rules do not permit the conversion of agricultural buildings to residential dwellings 3

4 d) Opening of new state-funded schools There is a series of measures to make it easier to convert existing buildings to become new state-funded schools. Premises used as offices, hotels, residential and non-residential institutions and leisure and assembly uses will be able to change use permanently to a state-funded school. These changes are subject to prior approval process to mitigate any adverse transport and noise impacts. In addition, and to provide certainty that a school opening will not be delayed by an outstanding planning application, for one academic year buildings in any use class will be able to be used as a state-funded school. The site reverts to its previous lawful use at the end of the academic year. If the one-year rule is to be relied upon the site must be approved for use as a state-funded school by the Government. e) Flexibility for business use The thresholds by which industrial and warehouse developments, office buildings, shops, catering, financial or professional service establishments may be extended before planning permission is required have also been extended up until 30 May What impact will the new rules have? These changes are a significant extension of the existing permitted development rights and will be welcomed by most landowners and developers in who have assets in areas that are not exempt. One of the major attractions will be the ability to change from office to residential use and avoid the requirement to provide affordable housing. This is likely to create a significant market advantage for schemes in the short to medium term compared with residential developments of comparable size that are developed on non-office sites. However, landowners and developers should pay particular attention to the time limits within which these rules apply. The operation of the rights will be reconsidered by the Government towards the end of the period to which they apply and the rights may potentially be extended for a further period or indefinitely. Landowners and developers should pay particular attention to the exemptions and the time limits within which these rules apply Next steps If you wish to find out more about the legislative changes that come into force on 30 May 2013, you can view the legislation here: 4

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