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Extensions to Permissions, Major Changes to Use Classes and New Permitted Development Rights

Extensions to Permissions, Major Changes to Use Classes and New Permitted Development Rights

Tuesday 28th July 2020

By the end of Summer 2020, several significant permanent and temporary changes to planning legislation will be in force (including provisions in The Business and Planning Act 2020):

  • permanent legislation that allows an Inspector to pick and mix elements of the three appeal procedures to create a bespoke procedure;
  • provisions which allow for some planning permissions and listed building consents to be revived or extended;
  • temporary amendments to the Community Infrastructure Levy Regulations, which give some relaxations for SMEs with a turnover of less than £45 million; and
  • temporary COVID-19 related amendments to the General Permitted Development Order recently, including allowing for more frequent local authority markets and relaxing what types of land benefit from temporary use permitted development rights.

Change to Use Classes and New Permitted Development Rights (PDRs)

Most notably, permanent long term changes to use classes, particularly relating to uses often found in retail and leisure destinations, will come into force on 1 September. Lichfields has produced a very informative blog which can be viewed HERE. Also, view a very helpful table HERE

While use class B1, which includes office, research and development and light industrial will fall within a new service use class, for the purposes of the new permitted development right to knock down B1 or residential and rebuild with residential, those uses will still fall within that use class. In addition to this new right, there will be five permitted development rights to add storeys to create residential floorspace. The first published of these - the additional storeys to residential buildings - comes into force on 1 August. The other additional storeys PDRs will come into force on 31 August. View the two relevant statutory instruments as follows:

  • The Town and Country Planning (General Permitted Development) (England) (Amendment) (No. 2) Order 2020 HERE
  • The Town and Country Planning (General Permitted Development) (England) (Amendment) (No. 3) Order 2020 HERE

Lastly, from 1 August, providing adequate natural light to habitable rooms will be a prior approval matter for most prior approval applications to change use to residential and for the new PDRs that permit new residential floorspace.