Hestia Town Planning

Class MA

From 1 August 2021 new permitted development rights (Class MA) will take effect, granting deemed planning permission for a change of use from commercial to residential. These will replace 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.

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.

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.

Class AA – enlargement of a dwellinghouse by construction of additional storeys

You may be able to add additional storeys to your home by one or two additional storeys. 

You may add up to two additional storeys where the existing house consists of two or more storeys or one additional storey where the property consists of one single storey or a bungalow.

A ‘prior notification’ will be required to be submitted to the LPA for the additional storeys who will consider several elements. This includes the impact on any adjoining property including overlooking, privacy and the loss of light. The design of the property on the principal elevation and that of any side fronting a highway. if you are in a zone that might affect air traffic then this will be a consideration and finally whether the new storeys would affect a protected view. You will also need to inform the local authority how you will mitigate against disturbance to the neighbours and the hours of any construction.

As with other Permitted Development Rights, there are restrictions and certain rules that must be complied with before you submit your ‘prior notification’. If you would like to know whether your house benefits from these rights then please contact us to talk about how we can help.