In 1 August 2021 new permitted development rights (Class MA) came into effect, granting deemed planning permission for a change of use from commercial to residential. These permitted development rights replaced existing retail, warehouse and office to residential rights with rights applying to all of the relatively recent Use Class E in which those uses now sit.

This means, that subject to certain criteria (discussed below), you can bypass the full planning application route and follow a far easier and cheaper planning route known as prior-notification.

What Falls under Use Class E

If your building falls under any of the below descriptions, then it is worth investigating whether you can change its use to residential:

• E(a) Display or retail sale of goods, other than hot food
• E(b) Sale of food and drink for consumption (mostly) on the premises
• E(c) Provision of:
  • E(c)(i) Financial services,
  • E(c)(ii) Professional services (other than health or medical services), or
  • E(c)(iii) Other appropriate services in a commercial, business or service locality
• E(d) Indoor sport, recreation or fitness (not involving motorised vehicles or firearms or use as a swimming pool or skating rink,)
• E(e) Provision of medical or health services (except the use of premises attached to the residence of the consultant or practitioner)
• E(f) Creche, day nursery or day centre (not including a residential use)
• E(g) Uses which can be carried out in a residential area without detriment to its amenity:
  • E(g)(i) Offices to carry out any operational or administrative functions,
  • E(g)(ii) Research and development of products or processes
  • E(g)(iii) Industrial processes

Class MA permitted development is subject to the following qualifications:

• an upper size limit of 1,500 square metres of floor space changing use;
• applicable only to buildings that have been in Commercial, Business and Service (Use Class E) uses for two years (including time in former uses now within that class);
• applicable only to buildings that have been vacant for at least three continuous months;
• applicable in conservation areas, but not in other Article 2 (3) land such as National Parks and Areas of Outstanding Natural Beauty;
• subject to prior approval by the local planning authority on specific planning matters (more on this below);
• attract a fee of £100 per dwellinghouse.

There are prior approval rules limiting those areas where a council can object to the change on.

For Class MA development these grounds are:

• the transport impacts of the development, particularly to ensure safe site access;
• any environmental contamination risk;
• any flooding risks;
• the impacts of noise from commercial premises on the intended occupiers of the development;
• the provision of adequate natural light in all habitable rooms; and
• the impact on intended occupiers of the development of the introduction of residential use in an area the authority considers to be important for general or heavy industry, waste management, storage and distribution, or a mix of such uses.

In addition to the above requirements, the following three matters also apply although only in more limited circumstances:

1. the impact on intended occupiers of the development of the introduction of residential use in an area the local planning authority considers to be important for general or heavy industry, waste management, storage and distribution, or a mix of such uses;
2. Where the building is located in a conservation area, and the development involves a change of use of the whole or part of the ground floor, the impact of that change of use on the character or sustainability of the conservation area; and
3. Where the development involves the loss of services provided by a registered nursery, or health centre the impact on the local provision of the type of services lost.

Change of Use to Residential without Planning Permission

If your site meets all of the above requirements then you will not need to follow the full planning procedure. However, deciding whether your building ticks all of the requirements can be a complicated and confusing process and the advice of a planning consultant is always recommended.

Our Service

For £450 our planning specialists can conduct a full site appraisal to ensure your site meets all of the above requirements and give you confidence that your site falls under Permitted Development Rights. We offer an additional service where we can prepare all material and submit your application.

Please contact us to talk about how we can provide an assessment to determine whether your site meets these requirements.