Planning Rules Change from 30 May 2013

The government has published the proposed changes to the General Permitted Development Order 1995 to relax the planning rules.   This will affect the the ability for change of use from offices to residential as well as some high street properties.   These come into effect from 31st May 2013.   Many local authorities sought exemptions to the change in legislation but only 17 area have been exempted including East Hampshire.

OFFICE TO RESIDENTIAL

As of 31st May 2013 it will be permitted to change the use of offices from User Class B1(a) to C3 residential use without the need to obtain planning permission.   This will apply for the period from 30th May 2013 to 30th May 2016.  

This change to the planning law only applies to change of use.   It does not apply to external alterations to a property or to listed buildings and in certain other exemptions and the local planning authority will be able to consider transport and highway impacts of the development, flood risks for the site and contamination risk on the site.   To benefit from this new legislation, the procedure is to serve a notice, applying for prior approval to the change, on the relevant local authority identifying the intention to change the use of the building.   This provision expires 30th May 2016.

CHANGE WITHIN THE HIGH STREET

For a two year period only it will also be possible to change the use of a shop from A1, A2, A3, A5, B1, D1 and D2 uses to A1, A2, A3, & B1 without planning permission.   Floor space must be 150 sqm or less and the building must not be listed.   After the 2 year period the property has to revert back to its original lawful use and you can only do 1 flexible change within that 2 year period.    In order to qualify for this right it is necessary to notify the local planning authority of the commencement date of the use and what the use will be.

RESIDENTIAL EXTENSIONS

It will now be possible to construct larger extensions for a dwelling house.  There are certain exemptions to this and  also certain conditions.   This provisions runs until 30th May 2016 with the local authority having to consult owners or occupiers of adjoining premises about the proposed extension.

This article is given as a general overview of some of the changes to the General Permitted Development Order and is not substitute for detailed professional advice.   No responsibility can be accepted for the consequences of any action taken or refrained from as a result of this article.    Property owners and occupiers should seek professional advice before taking any action in respect relating to the use of development of a property.