Amendments to the General Permitted Development Order, which came into force yesterday, introduce a new Class IA into Part 3, which allows Shops or Financial Institutions (Class A1/A2), to be converted to Dwellings (Class C3), without the need for planning permission. This new Class includes the authorisation of building operations reasonably necessary to convert the building to residential use.

So will this be the end of the high street as we know it? With residential property prices soaring, and local shops struggling, will landlords look to cash in on the new regulations?

Class IA specifies that changes of use may occur for up to 150 sq. m of floor space (approximately the size of a large restaurant or small convenience store), and that the building must have been in use under Class A1/A2 on or before 20 March 2013. Other restrictions also exist based on historic or security matters on the site.

Changes of use will be subject to a prior approval process, similar to that required in office to residential conversions (which were allowed under last year’s amendments to the GPDO), wherein the Local Planning Authority (LPA), will assess the proposal on the grounds of transport and highways impacts, contamination, and flood risk. However, an additional requirement to the prior approval process (which is not applicable to office to residential conversions), is the “undesirability” aspect of the proposed change of use.

Although it is yet to be seen, the LPA could conceivably consider the proposed change of use is not desirable because;

1) The change of use would impact on the adequate provision of services of that sort (either Class A1 or A2, as applicable), but only where there is a reasonable prospect of the buildings being used to provide those services; or
2) The building is located in a key shopping area, and will impact on the sustainability of that shopping area.
This level of subjectivity is a potential concern, as the LPA may resist the change of use based on adequacy or sustainability grounds. In the end, a very convincing case will need to be put forward to be successful with these new regulations – and the rigidity of the LPA will play an important role.

Although there is no set date by which changes of use under Class IA should be implemented, it is important to obtain a Lawful Development Certificate once the development is completed. This removes any uncertainty surrounding the change of use, should an Article 4 direction be put in place to restrict this type of development. It also worth noting that any dwelling which is permitted under Class IA, will subsequently have any Permitted Development rights as a dwelling (i.e. extension or alteration), removed.

LPA’s may now also grant prior approval subject to conditions, which are “reasonably related to the impact of the proposed development on the amenity of any adjoining premises”. This amendment adds further opportunity for the LPA to impose an element of control over the proposal.

We wait with baited breath to see how these permitted development rights play out. Needless to say, it is likely to come down to which LPA will be deemed to consider any prior approval application, and ultimately how convincing the case may be.

For more information, or to discuss the new regulations further please contact either Danielle St Pierre (dstpierre@iceniprojects.com), or your usual contact at Iceni.