On the 30th May 2013 the latest amendment to the Town & Country Planning (General Permitted Development) Order (GPDO) came into force. Since its introduction in 1995 as part of the Town & Country Planning Act there have been a number of amendments to the GPDO, the latest of which appears to be designed to promote the extension of educational facilities, allow homeowners to extend in a way that could add more value than previously permitted extensions, and to enable businesses to expand and develop, by more easily utilising underused or redundant buildings.
Most notable for the rural economy will be the addition of Class M in Part 3 of Schedule 2 (Changes of Use). Class M enables the change of use of an agricultural building, together with any land within its curtilage, to a ‘flexible use’ classification. ‘Flexible uses’ include shops, financial & professional services, restaurants, business, storage or distribution, hotels and assembly & leisure buildings.
This amendment will be attractive to farmers and landowners looking to diversify as it has the potential to reduce the costs involved in obtaining planning permission, if a full application is not required. The relaxation could also be the final ‘piece of the puzzle’ for those considering a diversification project, but who have thus far been put off by the uncertainties of the planning system.
To be eligible the building must have been solely in agricultural use since the 3rd July 2012 or, for buildings erected after that date, for the following ten years after construction. Listed buildings and those where the cumulative floor space of the agricultural building(s) converted exceed(s) 500m2 are not eligible for a change of use under Class M. In this scenario, and if no other permitted development rights apply, one must make a full planning application in order to change the use.
But before we all rush out and offer our unused agricultural buildings for Class B8 storage & distribution to edge of town businesses, there are some pre-change of use notification requirements that need to be considered. If the floor space of the building(s) subject to the Class M change of use is less than 150m2 one must notify the Local Planning Authority (LPA) of some minor details of the change of use (namely the date and the nature of the change). If however the floor space is between 150m2 and 500m2 a determination from the LPA will be required as to whether prior approval would be required for;
- transport & highways impacts of the development;
- noise impacts;
- contamination risks;
- flooding risks.
For such LPA determination there will be specific requirements for a submission before the LPA will consider it. These will however be dependent on the location of the building and any surrounding designations such as Flood Zoning for example. Once submitted the LPA have a duty to respond within 56 days, or allow the change to take place, similarly to the 28 day prior notification procedure. If they do not respond within the 56 days then the change can proceed without any of the above reports being required.
A further amendment (Class J) to the situations where a change of use will soon be considered permitted development will be in respect to changes from Use Class B1(a) (offices) to Class C3 (dwellinghouses). This will specifically only apply to buildings that immediately before the 30th May 2013 fall into Class B1(a) and are not located on Article 1(6A) land (predominantly National Parks). This permitted change of use will only be available until 30th May 2016 and the use as a dwellinghouse must begin prior to this date. As with the previous amendment this does not apply to listed buildings.
There are, as with the requirements under Class M, obligations to obtain confirmation from the LPA as to whether prior approval would be required in respect to transport and highways impacts, contamination risks and flood risks. The same procedure is also relevant in respect to such applications for prior approval, if required, as for those under Class M. Professional advice should be sought to ensure that applications are to the required standard, with the correct information provided on submission, in order to save time and mitigate additional planning fees.