On 6 April 2014 the government introduced changes to the General Permitted Development Order which create a number of new permitted development rights for change of use.

The new rights are intended to simplify the planning system to promote the provision of new homes, nurseries and schools in England.

Key changes:

Development Class Permitted Development

Class CA

Shops (A1) may become banks, building societies, friendly societies or credit unions.

Class IA

Shops (A1), and premises used to provide financial and professional services to visiting members of the public (A2), may change to residential use (C3)*.

Class K 

Business premises (B1), hotels (C1), residential institutions (C2), secure residential institutions (C2A) and premises used for assembly and leisure (D2) may become registered nurseries.

Class MA 

Agricultural buildings may become registered nurseries or state-funded schools.

Class MB 

Agricultural buildings may change to residential use (C3)*.

* These changes of use will not apply to land protected by Article 1(5) of the General Permitted Development Order (National Parks, the Broads, areas of outstanding natural beauty, conservations areas, World Heritage Sites).

The arrangements for each of the permitted development rights vary, but generally proposals granted permission as permitted development will not need to submit an application to obtain planning permission, although in some cases the local planning authority ('LPA') will need to approve certain details. With the exception of new Class CA, the rights will not apply to listed buildings.

LPAs will need to grant prior approval to ensure that the change of use and any associated works do not create unacceptable impacts and they will consider impacts on the transport and highways impacts, contamination risks, flooding risks, the design and external appearance of the building, and undesirable impacts on shopping facilities.

LPAs can also consider the impact of the development on the provision of important local services, such as post offices, though only when there is a reasonable prospect of the premises being occupied by another retail use.

Conditions can be attached to grants of prior approval, as long as those conditions are relevant to the matter on which prior approval is sought. LPAs will need to have a robust evidence base to justify any decision not to permit a change of use using the prior approval process.

The UK Budget March 2014 announced the Government's intention to consult on further changes to facilitate more housing. This would allow more commercial uses, such as warehouses, light industrial or certain sui generis buildings, to become homes.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.