Permitted development rights for change of use from commercial to residential

DCLG has sent an extremely important letter to Chiefs of Planning across the UK today setting out its proposal to introduce permitted development rights from B1(a) use to C3.

This is part of a package of measures to support economic growth announced by the Government in September 2012 and will come into force in Spring 2013.

The new rights will initially be time-limited for a period of three years, and consideration will be given towards the end of that period as to whether they should be extended indefinitely.

It is stated that "It should be recognised that this measure is seen as an important contribution to assisting the economic well-being of the country".

What will these permitted development rights allow?

They will permit change of use from B1(a) offices to C3 residential. This is subject to a prior approval process covering:

• Significant transport and highway impacts
• Development in safety hazard zones, areas of high flood risk and land contamination

The permitted development rights will only cover change of use: any associaetd physical development which currently requires a planning application will continue to need one.

Consequences

dohertybaines will be able to advice on a more straightforward change of the use of the many buildings in B1 (a) use. The detail of refurbs, layouts and additional development etc will still require consent, but this will now be a far more simple process given that the principle is consented.

The Government is asking for Local Authorities to opt out, and those that can demonstrate the overwhelming significance of commercial use in their borough of parts of their borough will do so, e.g. don't expect the most of the City and other parts of Central London to be included.

We can advice clients who have offices or those looking for redevelopment opportunities that we can deliver them consent for change of use. We can also advise on the suitability of the location and the mix and type of product that will be required to make schemes viable, plus CIL and other contributions, and so on.

For further information, please contact John Fosbraey.