A Ministerial Statement has been released today that confirms it will become permitted development to change the use of a range of different buildings without the need for full planning permission.

Office Buildings

It has been confirmed that office buildings can be converted to dwellings without the need for planning permission.  17 Local Authorities have exemptions, but these are all larger cities mainly in the South East.  We understand that Cheltenham Borough Council did apply for an exemption in a small part of the Borough but it would appear that this hasn’t been granted.  The change of use process requires the prior approval of Councils, but considerations will be limited to technical aspects such as flood risk, and highway safety.  The permitted development rights do not apply to listed buildings.

Agricultural Buildings

Permitted development rights will also be introduced to allow the conversion of agricultural buildings under 500 square metres to other business uses [including Class A1 (shops), Class A2 (financial and professional services), Class A3 (restaurants and cafes), Class B1 (business), Class B8 (storage or distribution), Class C1 (hotels) or Class D2 (assembly and leisure)] without the need for planning permission.  Buildings between 150 square metres and 500 square metres will be subject to a prior approval process, but those below 150 square metres will be able to change use without any consideration possible by the Local Planning Authority (a simple notification is required).

The legislation suggest that once a building has been converted using the new rights (under new Class M), the use will become sui generis meaning that it cannot then change to another use without planning permission.  The Local Planning Authorities will have to keep clear records in this respect to avoid confusion in the future.

Temporary changes

The Government is also introducing permitted development rights to allow ‘pop-up’ shops and other businesses in a range of different buildings.  They will be able to stay in place up to 2 years, and presumably it will be up to the Local Planning Authorities to monitor this once notification of a temporary change of use has been received.

The changes are due to come into force on 30 May 2013, and the legislation can be found here.

The Ministerial Statement can be found here and the Government press release here.