On 30th May 2013 new permitted development rules come into effect. The below is a brief summary of how these new permitted development rights will operate in practice. Please refer to the formal statutory instrument (http://www.legislation.gov.uk/uksi/2013/1101/article/6/made) for more detail.
Class J will class the following as permitted development:
“Development consisting of a change of use of a building and any land within its curtilage to a use falling within Class C3 (dwellinghouses) of the Schedule to the Use Classes Order from a use falling within Class B1(a) (offices) of that Schedule.”
Development is not permitted if:
(a) the building is on article 1(6A) land;
(b) the building was not used for a use falling within Class B1(a) (offices) of the Schedule to the Use Classes Order immediately before 30th May 2013 or, if the building was not in use immediately before that date, when it was last in use;
(c) the use of the building falling within Class C3 (dwellinghouses) of the Schedule to the Use Classes Order was begun after 30th May 2016
(d) the site is or forms part of a safety hazard area;
(e) the site is or forms part of a military explosives storage area;
(f) the building is a listed building or a scheduled monument.
Class J development is permitted subject to the condition that before beginning the development, the developer shall apply to the local planning authority for a determination as to whether the prior approval of the authority will be required as to—
(a) transport and highways impacts of the development;
(b) contamination risks on the site; and
(c) flooding risks on the site,
The prior approval must comply with the provisions of paragraph N of the revision.
The prior approval application must be accompanied by—
(a) a written description of the proposed development;
(b) a plan indicating the site and showing the proposed development;
(c) the developer’s contact address; and
(d) the developer’s email address if the developer is content to receive communications electronically;
together with any fee required to be paid.
If the LPA consider the development is likely to result in a material increase or a material change in the character of traffic in the vicinity of the site then they will consult the relevant statutory consultees.
If the LPA have concerns over flood risk then they will consult with the Environment Agency.
The LPA can require the developer to submit such information regarding the impacts and risks of highways, flooding and contamination as may reasonably be required in order to determine the application. This information require an assessment of impacts or risks and statements setting out how the impacts or risks are to be mitigated.
The development can only begin if on the following occurs:
(a) the receipt by the applicant from the local planning authority of a written notice of their determination that such prior approval is not required;
(b) the receipt by the applicant from the local planning authority of a written notice giving their prior approval; or
(c) the expiry of 56 days following the date on which the application was received by the local planning authority without the authority notifying the applicant as to whether prior approval is given or refused.
The above is meant as a brief guide only. For further guidance and advice please contact our planning consultants – firstname.lastname@example.org.