New Permitted Development Rights Come in Effect on 6th April 2014!

Quick on the hoof of the Ministerial announcement previously blogged comes The Town and Country (General Permitted Development) (Amendment and Consequential Provisions) (England) Order 2014  which will be enacted on 6th April 2014! 

Summary of the changes:
More flexibility in planning relates to the following changes of use:

•  Shops (A1) to Professional 'deposit-taker' (A2) uses
  
•  Shops (A1) and Professional uses (A2) to residential C3 dwellinghouses or a mixed of such uses
  
• Extending changes to 'state-funded schools' to include a 'registered nursery'
  
• Agricultural buildings to various uses including to a cumulative of 3 residential C3 dwellinghouses limited to 450 square metres per established agricultural building
  

With these changes comes the allowance to carry out basic building operations confined to the building envelope such as 

• installation or replacement of windows, doors, roofs or exterior walls; 
  
• provision of utilities 
  
• partial demolition to the extent reasonably necessary to carry out the building operations; 
  
• and for a dwelling, to the extent reasonably necessary for the building to function as a dwelling. 

How it works:
Change of use is subject to two prior notification procedures - one in respect of the  change of use itself and the other, in respect of any associated building operations.  This requires the submission of an Application for Prior Determination to the Local Planning Authority as to whether prior approval is required in respect of:

• transport and highways impact
  
• noise
  
• contamination risks
  
• flooding risks
  
• whether the location or siting of the building make its impractical or undesirable for a change of use from an agricultural use to a dwellinghouse
  

For building operations, before beginning the change of use, developers/applicants are required to submit a Determination to the Local Planning Authority as to whether the prior approval will be required in relation to the  design or external appearance of the building

Exclusions:
These rights due not extend to or include:
Shops in main shopping parades or high streets
Sites in 'Article 1(5) Land such as National Parks, Areas of Outstanding Natural Beauty, a Conservation Area or a World Heritage site or if it is or forms part of a Site of Special Scientific Interest (SSSI), a designated safety hazard area,  a military explosives area or of the site contains a Scheduled Ancient Monument or relates to a Listed Building. 

Agricultural permitted development to dwellinghouse/s is not permitted where the site was not used solely for agriculture or as part of an established agricultural unit on 20th March 2013. Other agricultural buildings may however qualify for residential conversion in future if the site was brought into use on or after 20 March 2013, and is used for that purpose for 10 years before the date the development begins - 20th March 2023.

Getting the time right:
Time periods for change need to be checked thoroughly.  The changes set out in this Statutory Instrument must begin within three years from the date the prior approval was granted.  Do not get confused with the time period set for larger residential extensions (30th May 2016)!

Local Planning Authorities have a period of 56 days (8 weeks) to notify the developer/applicant of the outcome of their determination. If not met, then the change of use or building operations can go ahead from the 57th day.  

Where determinations are issued on time, the LPA can decide to grant approval either unconditionally or subject to conditions reasonably related to the subject matter of the prior approval.

If you require further advice and assistance determining if you can take advantage of the recent  changes, 
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