2014 Permitted Development Changes

In August 2013 the Government published a consultation proposing five new permitted development rights:

• To create a permitted development right to assist change of use and the associated physical works from an existing building used as a small shop or provider of professional/financial services (A1 and A2 uses) to residential use (C3);
  
  
• To create a permitted development right to enable retail use (A1) to change to a bank or a building society;
  
  
• To create a permitted development right to assist change of use and the associated physical works from existing buildings used for agricultural purposes to change to residential use (C3);
  
  
• To extend the permitted development rights for premises used as offices (B1), hotels (C1), residential (C2 and C2A), non-residential institutions (D1), and leisure and assembly (D2) to change use to a state funded school, to also be able to change to nurseries providing childcare; and
  
  
• To create a permitted development right to allow a building used for agricultural purposes of up to 500m2 to be used as a new state funded school or nursery providing childcare.

On the 14th March 2014, the government confirmed that it would go ahead with the majority of these new change of use permitted development rights as proposed. An exception to this is that the change to allow agricultural buildings to convert to residential use will not apply in areas of National Park land and other protected areas. These changes will be implemented through the Town and Country Planning (General Permitted Development) (Amendment and Consequential Provisions) (England) Order 2014 (SI 2014/564), which is due to come into force on 6 April 2014.

A number of additional changes have been proposed in the past 6 months by Government. In the Government’s Autumn Statement 2013 and its Supporting High Streets and Town Centres Background Note, 6 December 2013, it was set out that there would be a further consultation on new permitted development rights to change retail use into either a Restaurant (A3) or leisure (D2) use. Whilst this has not yet been implemented, it is a consideration for the future, and something land and property owners will be keeping a close eye on. Of course, an retail use can be used for a period of 2 years as a Restaurant, however this would allow the change of use to be permanent.

In the Budget 2014 the Government also said that it will consult on new permitted development rights for change of use to residential use and to allow businesses to expand certain onsite facilities, as well as considering creating a “much wider ‘retail’ use class, excluding betting shops and payday loan shops”.

As we enter a new financial year, the planning system continues to change and evolve as the NPPF ‘celebrates’ it’s second anniversary. If you have any queries in respect of how these changes affect your land or property, or how we can assist with your planning application needs, please do not hesitate to contact us