Certificates of Lawfulness NEW CHANGES

The new Levelling up and Regenetion Act 2023 became Law 26 October 2023.  It has a number of novel changes which are heavily weighted against both applicants and appellants.  I hope to follow this short note with further details.  However of particular note here is the alteration of the period in which a building use and or operation becomes Lawful.  The four year rule in which a building and or residential use becomes immnue from Enforcement is to be changed from four years to ten years to align with all other Lawful Uses.  The regulations that will detail of this change have not yet been published or even drafted so to all intents and purposes this has not yet become law.  In the circumstances it is in the interest of everyone relying on these Lawful uses to prepare the correct evidence and where possible make the applications. Given the changes it is to be expected that Local Planning Authorities will examine these applications with a fine toothcomb.  Should you need any further advice or assistance please call us +44 208 458 4973.

Planning consents due to expire between August and December 2020

The Business and Planning Act 2020 gives an automatic extension to any planning consent expiring before the 31 December 2020 to the 1 May 2021.  This applies to any consent granted under the Town and Country Planning Act 1990 (As amended) expiring up to31 December 2020.  It is important to note that this does NOT APPLY to approvals given under Town and Country Planning (General Permitted Development) Order 2015 (as amended) which must be completed by the date stated in the prior approval decision notice.

Planning for the Future

Planning policy changes in England in 2020 and future reforms.

Today the House of Commons issued a briefing note in respect of future planne changes.  The complete document can be found at;

https://commonslibrary.parliament.uk/research-briefings/cbp-8981/?utm_source=HOC+Library+-+Research+alerts&utm_campaign=9b2d397674-EMAIL_CAMPAIGN_2021_01_13_08_00&utm_medium=email&utm_term=0_a9da1c9b17-9b2d397674-103844294&mc_cid=9b2d397674&mc_eid=88742c7b2d

We hope to publish a summary shortly!

 
 

New Permitted Develepment Space Standards

Amendments to the Town and Country Planning (General Permitted Development)(England) Order 2015
2.   The Town and Country Planning (General Permitted Development) (England) Order 2015(2)is amended in accordance with regulations 3 to 10.

Amendment in relation to space standard

3.       In article 3, after paragraph (9) insert—
         “(9A) Schedule 2 does not grant permission for, or authorise any development of, anynew dwellinghouse—
        

                (a)  where the gross internal floor area is less than 37 square metres in size; or
                (b)  that does not comply with the nationally described space standard issued by theDepartment for Communities and Local Government on 27th March 2015(3).


          (9B) The reference in paragraph (9A) to the nationally described space standard is tothat standard read together with the notes dated 19th May 2016 which apply to it.”.

 

This is effective 6th April 2021

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Changes to Use Classes Order from 1 September 2020

As of the 1st September the following changes to the Use Classes Order Apply

Class A

Class A is revoked from 1 September 2020.

  • Class A1 A2 A3 are effectively replaced with the new Class E (a,b,c)
  • A4/5 become defined as ‘Sui Generis’

Class B

B1 Business is revoked from 1 September 2020. It is effectively replaced with the new Class E(g).

It is included here for reference and use in specific situations where it remains valid (as detailed above).

  • B1 Business – Uses which can be carried out in a residential area without detriment to its amenity. This class is formed of three parts:
    • B1(a) Offices - Other than a use within Class A2 (see above)
    • B1(b) Research and development of products or processes
    • B1(c) Industrial processes

Uses B2 and B8 remain valid.

  • B2 General industrial - Use for industrial process other than one falling within class E(g) (previously class B1) (excluding incineration purposes, chemical treatment or landfill or hazardous waste)
  • B8 Storage or distribution - This class includes open air storage.

Class C

Class C remains unaffected by the 1 September 2020 changes.

Class D

Class D is revoked from 1 September 2020.

Class E - Commercial, Business and Service effective from 1 September 2020

Class E more broadly covers uses previously defined in the revoked Classes A1/2/3, B1, D1(a-b) and ‘indoor sport’ from D2(e):

  • E(a) Display or retail sale of goods, other than hot food
  • E(b) Sale of food and drink for consumption (mostly) on the premises
  • E(c) Provision of:
    • E(c)(i) Financial services,
    • E(c)(ii) Professional services (other than health or medical services), or
    • E(c)(iii) Other appropriate services in a commercial, business or service locality
  • E(d) Indoor sport, recreation or fitness (not involving motorised vehicles or firearms)
  • E(e) Provision of medical or health services (except the use of premises attached to the residence of the consultant or practitioner)
  • E(f) Creche, day nursery or day centre (not including a residential use)
  • E(g) Uses which can be carried out in a residential area without detriment to its amenity:
    • E(g)(i) Offices to carry out any operational or administrative functions,
    • E(g)(ii) Research and development of products or processes
    • E(g)(iii) Industrial processes

Class F - Local Community and Learning is introduced 1 September 2020.

In two main parts, Class F covers uses previously defined in the revoked classes D1, ‘outdoor sport’, ‘swimming pools’ and ‘skating rinks’ from D2(e), as well as newly defined local community uses.

  • F1 Learning and non-residential institutions – Use (not including residential use) defined in 7 parts:
    • F1(a) Provision of education
    • F1(b) Display of works of art (otherwise than for sale or hire)
    • F1(c) Museums
    • F1(d) Public libraries or public reading rooms
    • F1(e) Public halls or exhibition halls
    • F1(f) Public worship or religious instruction (or in connection with such use)
    • F1(g) Law courts
  • F2 Local community – Use as defined in 4 parts:
    • F2(a) Shops (mostly) selling essential goods, including food, where the shop’s premises do not exceed 280 square metres and there is no other such facility within 1000 metres
    • F2(b) Halls or meeting places for the principal use of the local community
    • F2(c) Areas or places for outdoor sport or recreation (not involving motorised vehicles or firearms)
    • F2(d) Indoor or outdoor swimming pools or skating rinks

Sui Generis

The following are no longer covered by a Use Class and are Sui Generis:

  • theatres
  • amusement arcades/centres or funfairs
  • launderettes
  • fuel stations
  • hiring, selling and/or displaying motor vehicles
  • taxi businesses
  • scrap yards, or a yard for the storage/distribution of minerals and/or the breaking of motor vehicles
  • ‘Alkali work’ (any work registerable under the Alkali, etc. Works Regulation Act 1906 (as amended))
  • hostels (providing no significant element of care)
  • waste disposal installations for the incineration, chemical treatment or landfill of hazardous waste
  • retail warehouse clubs
  • nightclubs
  • casinos
  • betting offices/shops
  • pay day loan shops
  • public houses, wine bars, or drinking establishments – from 1 September 2020, previously Class A4
  • drinking establishments with expanded food provision – from 1 September 2020, previously Class A4
  • hot food takeaways (for the sale of hot food where consumption of that food is mostly undertaken off the premises) – from 1 September 2020, previously Class A5
  • venues for live music performance – newly defined as ‘Sui Generis’ use from 1 September 2020
  • cinemas – from 1 September 2020, previously Class D2(a)
  • concert halls – from 1 September 2020, previously Class D2(b)
  • bingo halls – from 1 September 2020, previously Class D2(c)
  • dance halls – from 1 September 2020, previously Class D2(d)

Other uses become ‘sui generis’ where they fall outside the defined limits of any other use class.

For example, C4 (Houses in multiple occupation) is limited to houses with no more than six residents. Therefore, houses in multiple occupation with more than six residents become a ‘sui generis’ use.

Please contact us at This email address is being protected from spambots. You need JavaScript enabled to view it. for further information and guidance.

GPDO Change of Use Class O (B1(a) to C3) to be extended

In a statement to Parliament the proposed change was announced:

"First introduced in 2013, temporary permitted development rights have enabled offices to be converted to new homes without having to apply for planning permission. It has meant that between April 2014 and June this year, almost 4,000 conversions were given the go-ahead.

However, these rights were set to expire on 30 May 2016 – potentially introducing a raft of unnecessary red tape and bureaucracy that would have hampered the conversion of underused office buildings and slowed down the delivery of thousands of new homes.

Today, Mr Lewis announced that these permitted development rights will now be made permanent. In addition those who already have permission will have 3 years in which to complete the change of use – ending potential uncertainty for developers and enabling the development of much needed homes.

To further support the delivery of new homes, the rights will in future allow the demolition of office buildings and new building for residential use.

In addition, new permitted development rights will enable the change of use of light industrial buildings and launderettes to new homes."

Housing and Planning Bill Published 13 October 2015 Bill 75 56/1

The Government have today published a new bill which provides for Permitted Development rights for new properties in identified areas within Local Development Plans.

It also includes powers to identify "Rogue Landlords" and to issue "Banning Orders" and return rent.

Further details will be posted shortly.

Intentional Unauthorised Development

As of 31st August 2015 the Department for Communities and Local Government have issued a new planning policy. The statement says "........The government is concerned about the harm that is caused where the development of land has been undertaken in advance of obtaining planning permission. In such cases, there is no opportunity to appropriately limit or mitigate the harm that has already taken place. Such cases can involve local planning authorities having to take expensive and time consuming enforcement action. For these reasons, this statement introduces a planning policy to make intentional unauthorised development a material consideration that would be weighed in the determination of planning applications and appeals. This policy applies to all new planning applications and appeals received from 31 August 2015.

Extreme Caution in Permitted Development

PPMS urge extreme caution in all matters surrounding the new Classes of Permitted Development.

Many Local Planning Authorities at odds with the Government for relaxing certain development rights have issued Article 4 directions to cancel PD rights particularly in regard to the change of use from C3 to C4 and B1(a) toC3. In the circumstances it is prudent to check before purchasing any properties.

Permitted Development Changes Effective 30 May 2013

Permitted development
J. Development consisting of a change of use of a building and any land within its curtilage to a use falling within Class C3 (dwellinghouses) of the Schedule to the Use Classes Order from a use falling within Class B1(a) (offices) of that Schedule
Falling outside the London Central Activities Zone and certain other defined locations
Permitted Development
K. Development consisting of a change of use of a building and any land within its curtilage to use as a state-funded school, from a use falling within Classes B1
(business), C1 (hotels), C2 (residential institutions), C2A (secure residential institutions) and D2 (assembly and leisure) of the Schedule to the Use Classes Order

PLEASE CONTACT US FOR DETAILED EXCLUTIONS