The Government is consulting on a proposed new permitted development right which would allow the change of use from the new Class E (which includes a myriad of commercial, business and service uses) to Class C3 (Residential) in England. The consultation runs until 28 January 2021 and would, if introduced, represent a major change to permitted development rights allowing many more buildings to be converted to homes without the need for planning permission. 

That said, permitted development rights are less straight forward than they used to be with more proposals requiring Prior Approval before they can take place. This often means similar matters are considered as if it were a planning application and in this case the matters that are currently proposed to be considered by the LPA will be:

  • flooding, to ensure residential development does not take place in areas of high flood risk;
  • transport, particularly to ensure safe site access;
  • contamination, to ensure residential development does not take place on contaminated land, or in contaminated buildings, which will endanger the health of future residents;
  • the impacts of noise from existing commercial premises on the intended occupiers of the development;
  • the provision of adequate natural light in all habitable rooms;
  • fire safety, to ensure consideration and plans to mitigate risk to residents from fire; and
  • the impact on the intended occupiers from the introduction of residential use in an area the authority considers is important for heavy industry and waste management.

This right would not be available in areas commonly excluded from permitted development rights including sites of special scientific interest; listed buildings and land within their curtilage; sites that are or contain scheduled monuments; safety hazard areas; military explosives storage areas and sites subject to an agricultural tenancy. Areas of outstanding natural beauty, the Broads, national parks, areas specified by the Secretary of State for the purposes of section 41(3) of the Wildlife and Countryside Act 1981, and World Heritage Sites are also proposed to be excluded.