Permitted Development for Change of Use: A Comprehensive Guide
Introduction
In the UK, the planning system governs how land and buildings are used and developed. However, not all changes require full planning permission. The concept of permitted development rights (PDRs) allows certain changes of use and minor developments to proceed without a formal planning application.
This article delves into permitted development for change of use, the associated classes, and the prior approval process that often accompanies such changes. It’s particularly relevant for property developers, landlords, architects, and anyone interested in converting or repurposing property.
1. What Is Permitted Development for Change of Use?
Permitted development rights are granted by the Town and Country Planning (General Permitted Development) (England) Order 2015 (GPDO), as amended. These rights allow the change of use of buildings without needing to apply for full planning permission, provided certain criteria and limitations are met.
Key Features:
• Speeds up development: Avoids lengthy planning applications.
• Subject to conditions: Some changes are conditional upon the prior approval of the local authority.
• Can be withdrawn: Local authorities may issue Article 4 Directions to restrict PDRs.
2. Use Classes: The Foundation of Change of Use
Understanding permitted development requires familiarity with the Use Classes Order, which categorises buildings based on their usage. The Use Classes Order was revised in September 2020, creating a more flexible and simplified system.
Main Use Classes:
• Class E: Commercial, business, and service uses (e.g., shops, offices, restaurants, gyms)
• Class C: Residential (C3 – dwellinghouses, C4 – small HMOs)
• Class F1/F2: Learning, non-residential institutions, and local community uses
• Sui Generis: Uses not in any class (e.g., pubs, hot food takeaways, nightclubs)
3. Common Permitted Changes of Use
Here are some of the most common permitted changes under the GPDO:
A. Class MA – Commercial (Use Class E) to Residential (Use Class C3)
• Introduced: August 2021
• Covers: Shops, offices, gyms, cafes, etc. to dwellinghouses
• Conditions:
• Property must have been in Class E for at least 2 years
• Vacant for 3 continuous months before application
• Floor space limit: up to 1,500 sq m
• Prior approval required (see below)
• Excluded in national parks, AONBs, SSSI, and Article 2(3) land
B. Class G – Above Shops to Residential
• Allows: Up to 2 flats above commercial premises
• Conditions:
• Must retain commercial use on the ground floor
• No external alterations without separate permission
• No prior approval required
C. Class M – Retail, Betting Shops, Laundrettes to Residential
• Applies to: Ground floor shops (A1), financial services (A2), betting offices, etc.
• Limit: Up to 150 sq m
• Subject to prior approval
• Must not be listed buildings
D. Agricultural to Residential (Class Q)
• Allows: Change of agricultural buildings to up to 5 dwellings
• Conditions:
• Building must be structurally capable of conversion
• Must have been used solely for agriculture on or before 20 March 2013
• Prior approval required
E. Light Industrial (Class B1(c)) to Residential (Class PA)
• Note: Withdrawn in 2021 due to changes in Use Classes
• Now generally covered under Class MA
4. Prior Approval: What It Is and When It’s Required
Many permitted changes of use are not automatic; instead, they require the developer to apply for prior approval from the local planning authority.
What Is Prior Approval?
Prior approval is a light-touch planning process. It gives the local authority the opportunity to assess specific impacts of the development before it can go ahead.
Key Elements Assessed:
Depending on the Class of permitted development, prior approval may consider:
• Transport and highways impact
• Contamination risks
• Flood risk
• Design and external appearance (in some cases)
• Noise impacts
• Natural light in habitable rooms
• Impact on conservation areas or listed buildings
Timeframes:
• Local authorities have 56 days to make a decision.
• If no decision is made within that time, deemed consent may apply.
Application Requirements:
• Completed application form
• Plans and drawings showing existing and proposed use
• Evidence of existing use (e.g., lease agreements, business rates)
• Design and access statement, flood risk assessments, etc., where relevant
• Fee (e.g., £96 or £120, depending on the application type)
5. Limitations and Restrictions
Despite the flexibility, permitted development rights come with important caveats:
Article 4 Directions
• Local authorities can remove PDRs via Article 4 Directions in specific areas (often conservation areas, town centres).
• If Article 4 applies, a full planning application is needed.
Protected Areas
• National Parks, Areas of Outstanding Natural Beauty (AONBs), Sites of Special Scientific Interest (SSSIs), and World Heritage Sites often have restrictions or are excluded.
Listed Buildings
• PDRs do not apply to listed buildings. Any change of use requires listed building consent and full planning permission.
6. Tips for a Successful Prior Approval Application
1. Check local policies: Even with PDRs, local plans and Article 4 Directions may impact your proposal.
2. Engage a planning consultant or architectural designer: Especially for complex projects or prior approval routes.
3. Gather strong evidence: Prove eligibility and compliance with conditions (e.g., use class history, vacancy).
4. Ensure building suitability: Especially for Class Q (agricultural) and Class MA conversions – structure and natural light are key concerns.
5. Consult early with the local authority: Informal advice can pre-empt costly mistakes or refusals.
7. Future Trends and Policy Considerations
The UK Government continues to promote permitted development as a tool to:
• Deliver more housing
• Rejuvenate high streets
• Repurpose vacant buildings
However, concerns remain over the quality of housing produced under PDRs, especially in relation to:
• Space standards
• Natural light and ventilation
• Access to outdoor space
As a result, further refinements to regulations (e.g., through the Levelling-up and Regeneration Act) may continue over the next few years.
Conclusion
Permitted development rights for change of use offer a powerful route for developers and property owners to make more agile and cost-effective use of buildings. When used correctly—and with awareness of their limits and the prior approval process—they can unlock significant opportunities, particularly in the housing and commercial sectors.
However, success depends on careful planning, compliance with regulations, and often, a proactive relationship with the local planning authority.
Disclaimer: This article is for general informational purposes only and does not constitute legal or professional advice. Always consult relevant professionals and local authorities before undertaking any development or change of use.