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University challenge: planning for changes of use of student accommodation

This is a very uncertain time for universities. The current pandemic means that campuses are largely empty, with teaching and research occurring at home. Many universities are already exploring remote-only teaching from next year with online syllabuses.

There are predictions that there will be fewer foreign students in the next academic year. Plus anecdotal evidence that students are more likely to take a gap year for 2020/21.

All of this leads to the potential for underutilised buildings across campuses. Especially some of the latest purpose built student accommodation blocks (PBSA).

Planning restrictions

Many PBSA planning permissions come with restrictive planning conditions and legally binding section 106 agreements.

This often limits the use and occupiers of the buildings. For instance, accommodation only for registered students at the university.

If faced with such planning conditions and restrictions there are some options open to you.

Option 1 – a temporary change of use

Whilst temporary changes are not generally encouraged by the planning system, given the unprecedented situation we are currently in they do represent a pragmatic solution.

A 2 year permission to enable PBSA to be used for short term lettings would ensure the ongoing efficient use of the building.

Care would need to be taken with the application, and restrictions relating to parking and other amenity issues would need to be taken in to consideration.

Such applications should be determined within 8-13 weeks of submission.

Option 2 – variation / removal of planning condition

A section 73 application allows you to vary or remove planning conditions. For instance, to make the occupancy condition more flexible. Such a change would be permanent and so would need to be carefully drafted to align with the requirements of the local authority. It may also be necessary to vary the s106 agreement via a Deed of Variation.

Such applications should be determined within 8-13 weeks of submission, although if a s106 agreement is also involved then the determination period may be longer.

Other considerations

The right way forward depends very much on the specifics of the planning permission in place. For instance, there is still some confusion as to how to classify student accommodation, with local authorities adopting different elements of the Use Class Order including C1, C2, C3 or sui generis uses. This could have a bearing on the right route for your site.

Next steps

If you are interested in exploring flexibility for the PBSA or other campus buildings then please contact Catherine Hoytecatherine@plainview.co.uk to find out more about how we can best assist.