We were asked to assist in a potential enforcement case which required us to submit a change of use application from a B2 (general industrial) to a B8 (storage and distribution) use.
This case was of particular interest; since the proposed floor space was below the 500m² threshold, the proposed change of use from B2 to B8 was in fact permitted by Part 3, Class B, of the General Permitted Development Order.
However a previous application in 2005, which had sought to change the use of the unit from B1 to B2, had been granted subject to a restrictive condition which prevented any further change of use to the unit, without formal consent from the local planning authority.
We presented a robust case to support the application by arguing that the existence of permitted change of use rights for B2 to B8 provided a clear indication that central Government remained keen to remove potential barriers for employment generating uses, whilst the 2005 permission and restrictive condition were outdated and no longer in accordance with National Planning Policy and Government directives.
Further to this the proposed change of use was located in an area which was inherently sustainable, with good access to the local and wider road networks and provided an opportunity to generate further employment opportunities and support the needs of an expanding business.
Planning permission was granted without any restrictive conditions.