Tuesday, 3 November 2015

Guide to Permitted Changes of Use published


My book, A Practical Guide to Permitted Changes of Use has now been published, and pre-ordered copies are now being distributed by post. The digital version of the book will also be available this week. We are holding the pre-publication price for direct orders for a further week, until 13 November. After that, the price will be £40.

Advance orders have exceeded all expectations, and about two-thirds of the original print run has already been sold. An early reprint is on the cards.

Readers who have not yet made up their mind to buy a copy of the book may find it helpful to have a note of the book’s contents, and so I am reproducing below the complete Table of Contents.

CHAPTER 1
GENERAL INTRODUCTION


1.1 Development orders – an overview
1.2 Loss or removal of permitted development rights
1.3 Changes of use under Part 3
1.3.1 The physical extent of changes of use permitted by Part 3
1.3.2 Commencement and completion of the permitted development
1.4 Temporary uses under Part 4
1.5 Caravan sites and recreational uses under Part 5
1.6 Saving provisions in respect of the 1995 Order
Table 1: Changes of use permitted by Part 3
Table 2: Changes of use permitted by Part 4
Table 3: Changes of use permitted by Part 5


CHAPTER 2
CHANGES OF USE TO / FROM SHOPS OR ‘RETAIL’ SERVICES


2.0 Preliminary note

2.1 Changes of use to and from use as a shop

2.1.1 Change of use from a catering use to use as a shop
2.1.2 Change of use from ‘retail services’ to use as a shop
2.1.3 Change of use of an agricultural building to use as a shop
2.1.4 Change of use from a shop to other uses

2.2 Changes of use to or from ‘retail services’

2.2.1 Change of use from catering use to ‘retail services’
2.2.2 Change of use of shop to ‘retail services’
2.2.3 Change of use of betting office / pay day loan shop to ‘retail services’
2.2.4 Change of use of agricultural building to ‘retail services’
2.2.5 Changes of use from ‘retail’ services to other uses

2.3 Flats above shops or ‘retail services’

2.3.1 Change of use to shop plus flat(s)
2.3.2 Reversion of part residential use to shop
2.3.3 Change of use of shop to ‘retail services’ plus flat(s)
2.3.4 Partial residential conversion from ‘retail services’
2.3.5 Change of use of shop and flat(s) to ‘retail services’
2.3.6 Reversion of part residential use to ‘retail services’
2.3.7 Conditions applying to changes of use under Class G
2.3.8 Development not permitted by Class H

CHAPTER 3
CHANGES OF USE TO AND FROM CATERING USES

3.1 Change of use of pub, bar or hot food take-away to café or restaurant


3.1.1 Change of use involving a pre-2005 A3 use
3.1.2 Change of use involving a post-2005 A3 use
3.1.3 Restrictions on changes of use from Use Class A4

3.2 Change of use from Use Class A1 or A2 (etc.) or Casino to Café or Restaurant

3.2.1 The development permitted
3.2.2 The qualifying use
3.2.3 Exclusions
3.2.4 Floorspace limit
3.2.5 Prior approval
3.2.6 Commencement

3.3 Other changes of use to café or restaurant

3.4 Changes of use from catering uses to other uses

CHAPTER 4
CHANGES OF USE TO AND FROM OTHER COMMERCIAL AND INSTITUTIONAL USES


4.1 Changes of use to and from a business, industrial or storage use
4.2 Changes of use to and from use as a hotel or guest-house, etc.
4.3 Changes of use to and from use as a residential institution
4.4 Changes of use to and from Use Class C2A
4.5 Change of use from Casino or Amusements to other uses
4.6 Temporary changes of use
4.7 Changes of use between flexible uses

CHAPTER 5
CHANGES OF USE TO AND FROM RESIDENTIAL USE


5.0 Preliminary note

5.1 Changes of use between single dwelling and house in multiple occupation

5.2 Residential conversion of a shop or from financial or professional services


5.2.1 The development permitted
5.2.2 The qualifying use
5.2.3 Exclusions
5.2.4 Floorspace limit
5.2.5 Limits on building operations
5.2.6 Prior approval
5.2.7 Commencement and completion
5.2.8 Exclusion of permitted development under Part 1
5.2.9 Other permitted development that may be possible

CHAPTER 6
RESIDENTIAL CONVERSION OF AMUSEMENT ARCADE OR CENTRE OR CASINO


6.1 The development permitted
6.2 The qualifying use
6.3 Exclusions
6.4 Floorspace limit
6.5 Limits on building operations
6.6 Prior approval
6.7 Commencement and completion
6.8 Exclusion of other permitted development

CHAPTER 7
RESIDENTIAL CONVERSION OF COMMERCIAL OFFICES


7.1 The development permitted
7.2 Qualifying office use
7.3 Exclusions
7.4 Prior approval
7.5 Commencement and completion
7.6 Permitted development within the curtilage under Part 1
7.7 Proposed changes to Class O

CHAPTER 8
RESIDENTIAL CONVERSION OF ‘STORAGE OR DISTRIBUTION CENTRE’


8.1 The development permitted
8.2 Restricted curtilage
8.3 Qualifying storage use
8.4 Exclusions
8.5 Floorspace limit
8.6 Prior approval
8.7 Commencement and completion
8.8 Exclusion of other permitted development

CHAPTER 9
RESIDENTIAL CONVERSION OF AN AGRICULTURAL BUILDING


9.1 The development permitted
9.2 Restricted curtilage
9.3 Qualifying agricultural use
9.4 The definition of “agriculture” and “agricultural use”
9.5 Exclusions
9.6 Limits on numbers and floorspace
9.7 Limits on building operations
9.8 Prior approval
9.9 Commencement and completion
9.10 Exclusion of other permitted development

CHAPTER 10
CHANGE OF USE TO USE AS A STATE-FUNDED SCHOOL OR REGISTERED NURSERY

10.1 Change of use of various commercial premises


10.1.1 The development permitted
10.1.2 Exclusions
10.1.3 Restrictions on further changes of use
10.1.4 Prior approval
10.1.5 Operational development
10.1.6 Commencement and completion
10.1.7 Change of use back to previous use

10.2 Change of use of an agricultural building

10.2.1 The development permitted
10.2.2 Restricted curtilage
10.2.3 Qualifying agricultural use
10.2.4 Exclusions
10.2.5 Floorspace limit
10.2.6 Prior approval
10.2.7 Commencement and completion
10.2.8 Restrictions on further changes of use
10.2.9 Operational development
10.2.10 Exclusion of permission for further agricultural buildings

CHAPTER 11
CHANGES OF USE TO AND FROM USE FOR ASSEMBLY AND LEISURE


11.1 The development permitted
11.2 The qualifying use
11.3 Exclusions
11.4 Floorspace limit
11.5 Prior approval
11.6 Commencement and completion
11.7 Operational development
11.8 Changes of use from use for assembly and leisure

CHAPTER 12
FLEXIBLE USES

12.1 Changes of use within the terms of a flexible planning permission

12.2 Change of use of an agricultural building to a flexible use


12.2.1 The development permitted
12.2.2 Restricted curtilage
12.2.3 Qualifying agricultural use
12.2.4 Exclusions
12.2.5 Limits on floorspace
12.2.6 Exclusion of building operations
12.2.7 Prior approval
12.2.8 Commencement and completion
12.2.9 Exclusion of other permitted development

CHAPTER 13
PRIOR APPROVAL APPLICATIONS


13.0 Introductory note
13.1 The nature of a prior approval application
13.2 Form of application
13.3 Application in respect of building or other operations
13.4 Written description of the development
13.5 Plans and other drawings
13.5.1 Drawings of proposed building works
13.6 Other information
13.7 Application fees

CHAPTER 14
PROCESSING AND DETERMINING THE PRIOR APPROVAL APPLICATION


14.1 Request for further information
14.2 Invalid applications
14.3 Consultations
14.4 Determining the prior approval application
14.4.1 Transport and highways
14.4.2 Contamination risks
14.4.3 Odour impacts
14.4.4 Impacts of waste storage and handling
14.4.5 Opening hours
14.4.6 Air quality
14.4.7 Noise
14.4.8 Light impacts
14.4.9 Flooding risks
14.4.10 Retail and similar impacts
14.4.11 Rural development policy
14.4.12 Design issues
14.4.13 Consideration of responses to consultations
14.4.14 The National Planning Policy Framework
14.4.15 The Development Plan
14.4.16 Other considerations
14.4.17 Human rights
14.5 Conditions
14.6 Planning obligations
14.7 Community Infrastructure Levy
14.8 Appeals
14.9 Lawful Development Certificate
14.10 Carrying out the development

CHAPTER 15
THE 56-DAY RULE


15.0 Preliminary note
15.1 General approach
15.2 Commencement of the 56-day period
15.3 Extending the 56-day period
15.4 Has the application actually been determined?
15.5 Notifying the applicant of the authority’s decision
15.6 Commencement of development in default of notification of a decision

CHAPTER 16
TEMPORARY USE OF OPEN LAND


16.1 The scope of the temporary use permitted
16.2 The temporary nature of the permitted change of use
16.3 Reversion to normal use of the land
16.4 Moveable structures

CHAPTER 17
TEMPORARY CHANGES OF USE OF VARIOUS BUILDINGS

17.1 Temporary use as a state-funded school


17.1.1 The development permitted
17.1.2 Exclusions and other conditions
17.1.3 Operational development

17.2 Temporary use of various business premises

17.2.1 The development permitted
17.2.2 Exclusions, restrictions and other conditions

CHAPTER 18
TEMPORARY USE OF BUILDINGS OR LAND FOR FILM-MAKING


18.1 The development permitted
18.2 Exclusions and restrictions
18.3 Prior approval

CHAPTER 19
TEMPORARY USE AS A CARAVAN SITE


19.1 The scope of the temporary use permitted
19.2 The definition of “caravan site” and “caravan”
19.3 Cessation of the temporary use
19.4 Caravans within the curtilage of a dwellinghouse
19.5 Temporary caravan camping on a small site
19.6 Temporary caravan camping on larger sites
19.7 Temporary caravan camping by exempted organisations
19.7.1 Certification of exempted organisations
19.8 Temporary accommodation for agricultural or forestry workers
19.9 Temporary accommodation for workers on building and engineering sites
19.10 Travelling showmen’s sites
19.11 Power to withdraw certain exemptions

CHAPTER 20
OTHER CAMPING AND RECREATIONAL USES


20.1 Use for camping and recreation by certain organisations
20.2 Other camping uses

APPENDIX A
LOSS OR REMOVAL OF PERMITTED DEVELOPMENT RIGHTS


A.1 The pre-existing use
A.2 Loss or abandonment of the pre-existing use
A.3 Continuation of the pre-existing use
A.4 Unlawful buildings and uses
A.5 Removal of permitted development rights by condition
A.6 Planning obligations under section 106
A.7 Restrictive covenants
A.8 Article 4 Directions
A.9 Revocation or amendment of a development order
A.10 Exclusion of permitted development by the GPDO itself
A.11 Development requiring an Environmental Impact Assessment
A.12 Change of use after only a brief period of existing use

APPENDIX B
THE PLANNING UNIT AND THE CONCEPT OF ‘CURTILAGE’

B.1 The Planning Unit


B.1.1 The planning unit created by a planning permission
B.1.2 The rule in Burdle
B.1.3 The ‘agricultural unit’

B.2 The ‘curtilage’ of a building and its significance in planning terms

B.2.1 The definition of ‘curtilage’
B.2.2 The curtilage of a listed building
B.2.3 Other buildings attached to a listed building
B.2.4 Extension of the curtilage
B.2.5 References to ‘curtilage’ in Parts 3, 4 and 5 of Schedule 2 to the GPDO

APPENDIX C
THE USE CLASSES ORDER


C.1 Specific exclusions from the Use Classes Order
C.2 Mixed uses
C.3 Physical and legal extent of uses within the UCO
C.4 The Use Classes


I fear this blog has become rather narrowly focused on permitted changes of use in recent weeks but, now that my book has been published, I hope to get back to other aspects of planning law in future posts. I will start by taking a look at the Housing and Planning Bill in the near future.

© MARTIN H GOODALL

12 comments:

Anonymous said...

where will the e book be available from?

mike m said...

Hi Martin, I had purchased your book to help with an application I recently submitted for my farm in Somerset but have ran into trouble with the planners already! I have an unused outbuilding at the rear of my garden that I want to continue to use for part residential and also for the running of a separate business where clients may come and visit me. I had dutifully drawn the red line around the building and applied for a change of use. I put a blue line around the wider house/farm on the same location plan. The access to the farm including parking areas is within that blue area and would serve the new planning unit and the existing house and farm. The planners have sent my application back and said to be valid the red line needs to meet the highway and including a parking area as these will need to be subject to the change of use. I'm confused and especially from starting to read your book I would have thought that I was correct?? What's your informal view!? Thanks - Mike.

Martin H Goodall LARTPI said...

The book can be ordered ‘from all good bookshops’, or direct from Bath Publishing.

However, if you want to buy the book for £35 (£5 off the normal £40 cover price), you can do so until Friday of this week (the 13th) by clicking on the link on the left-hand side of this page. Select “Print” or “Digital” depending on which version of the book you want to buy (“Print & Digital bundle” if you want both versions together) and then click on the red “Pre-order Now” button, which will take you through to the Bath Publishing website.

After 13 November, you can still order the book through this blog, as outlined above, but the price payable will then be the full £40.

Martin H Goodall LARTPI said...

In answer to Mike’s query, I gather that his application was for planning permission (as distinct from its being an application for prior approval of permitted development under Part 3 in the GPDO). For the reasons explained in my book, it is neither necessary nor practicable to include the access in a prior approval application (especially under Class Q), but it remains standard practice to require that the access should be included in any planning application. Prior approval applications (which apply only to certain types of permitted development) are not planning applications, and that is why they are an exception to the general rules governing planning applications.

If, however, this is intended to be a prior approval application under Part 3 (although I am puzzled by the reference to the intended mixed use, which would seem to take the proposed change of use outside the scope of permitted development) any other development that does not come within the scope of the permitted development will have to be the subject of a separate planning application, in which case the access will have to be shown in connection with that planning application.

I fear that this is the planning equivalent of “Should have gone to Specsavers”. Professional help from a planning consultant often saves time, trouble and expense.

spongemum said...

An application has been validated for a change of use from doctor's surgery to dwelling. The council are demanding that all the rooms on plan regarding the proposed house are not only identified but will be retained for the purposes thereby identified in perpetuity.
Is this usual?
Would I find the answer by purchasing your tome?

Martin H Goodall LARTPI said...

The proposed condition would appear to be unjustified. If the LPA imposes this condition when granting consent, I would recommend an application under section 73 to remove the offending condition. If there is then a refusal of the section 73 application this should then be appealed to the Planning Inspectorate (coupled with an application for costs). Mentioning at this stage that this would be your intention might persuade the LPA not to be so silly.

I am under the impression that you are referring to a planning application here, but the same would apply to a prior approval application under Part 3, and this is referred to in my book.

Paul Jenkins said...

Hi Martin,

I've purchased your book and also attended the seminar at the back end of last year at the RIBA. The book doesn't contain much by way of appeal decisions on Class P applications (B8 to residential). Are you aware of any appeals on this?

My specific issue is two fold.

1) What constitutes the building for the purposes of the 500sqm theshold? The LA are arguing one planning unit in B8 use (under 500sqm) within a larger building (including other uses) is over 500sqm and therefore cannot qualify.

2) The LA are also arguing the introduction of a residential use would harm the the sustainability of adjoining B8 uses (but don't expand on how this would arise), despite technical reports on air quality and noise, demonstrating this is not the case. Is there any appeal precedent on this matter you are aware of?

Martin H Goodall LARTPI said...

I am not personally aware of any appeal decisions on prior approval refusals under Class P, and have not seen any reported. That is not to say there have been none, although it is perhaps early days yet, bearing in mind that this permitted development right has been in effect for less than a year at present.

As to what constitutes a building for the purposes of the 500 sq m threshold, I fear that there is a possible ambiguity in the legislation here. It might be argued that the floorspace limit applies to the entirety of the structure, but the definition of a “building” in the GPDO includes any part of a building. If you think about it, the floorspace limit must apply, at the very least, to the whole of the pre-existing B8 planning unit, so that if the residential unit or units is/are being carved out of only part of the pre-existing B8 planning unit, it is (as a minimum) the overall size of the pre-existing planning unit that counts. However, whether the 500 sq m limit might apply in the aggregate to all the pre-existing B8 planning units in the building (or indeed in respect of all planning units in the building as a whole, irrespective of their actual use), then the floorspace limit would be more restrictive. At the moment I wouldn’t like to hazard a guess as to the answer, but would be prepared to argue the case for the interpretation that is most generous to the developer!

[Note that Class P is the only Class in Part 3 where it is the actual size of the building that is the basis for the floorspace limit. In all the other Classes where a floorspace limit applies, this refers to the cumulative area converted to residential (or other) use, not to the size of the building as such. It is difficult to see what logic led to a different formula being adopted for Class P.]

The commercial sustainability issue, which is specifically prescribed as a matter requiring approval under Class P, is a matter for planning judgment in each case, and one cannot lay down any definite criteria, other than to say that the LPA would naturally be expected to back up their assertions on this issue with appropriate evidence if they are successfully to defend a refusal based on the commercial sustainability criterion. The appellant must also be prepared to address this issue by appropriate expert evidence in order to counter the council’s case.

If readers are aware of any appeal decisions under Class P, I should be pleased to have them drawn to my attention, and will ensure that they are suitably publicised here (or in a separate blog post.)

Ann Neale said...

Hi Martin,

I have your book and I have found it to be very useful, thanks. However, it has thrown up a question with reference to that old chestnut, curtilage. I am about to apply for a couple of barn conversions and after reading the relevant section in your book, I at first thought I had a way, under Part 2, Class B, of getting from Barn 1 to an established internal farm track (that leads onto a classified road) by laying another means of access from the barn to this internal track, but after reading the book I am now not sure that this is permitted development?

My real question is, would the established farm track, from Barn 2 and leading onto the highway, count as part of the permitted curtilage for this barn conversion?

Many thanks,
Ann



Martin H Goodall LARTPI said...

The answer to Ann Neale’s question is to be found in the first paragraph on page 49 of my book – see the case of James v. SSW If the proposed access way itself does not actually reach a public highway but only connects to another access way, then the new (indirect) access way is not permitted development under Part 2, Class B, and so it will require planning permission. However, there is no reason in principle why planning permission should not be sought for such an access, and the application could legitimately propose that the new access should be arranged so as to link up with an established farm track.

Anonymous said...

We are preparing an appeal under GPDO Class Class P. The application has been refused on the basis that it exceeds 500 sqm allowed under P.1 (d). The whole building is to be converted.

The floor area was calculated using GIA internal floor area at 489 sqm and this figure was given on the application form.

The LPA have said the external walls must be included and have followed guidance on how to calculate the area for fees for planning applications to say it should be GEA.

The Interpretation under para 2 of the GPDO says
"floor space" means the total floor space in a building or buildings (my underlining) which suggests it is an internal floor space measurement.

As this definition has been given surely it should not be necessary to look elsewhere for another one. Which is correct GEA or GIA?

Martin H Goodall LARTPI said...

I do not consider that the calculations appropriate to fee calculations for planning applications are relevant to the calculation of floorspace for the purposes of the GPDO. Article 2(1) of the GPDO defines “floor space” as the total floorspace ina building or buildings. Although not spelt out as such, this clearly refers to the floor area within the building, and so (in my view) is to be determined by internal measurement, rather than by reference to the external dimensions of the building. This point is made in the Second Edition of my book.