Comment

Class E use to residential Permitted Development Rights come into effect

Is this a loss of local control?

As announced by MHCLG in March this year, the new Permitted Development Right (Class MA) from a Class E use to residential came into effect on 1 August 2021.

This now enables up to 1,500 sq m of Class E floorspace, which has been vacant for three months, and in Class E use for over two years, to change use to residential use following a Prior Approval process.

The potential impacts of this new right have already been widely debated, and will no doubt continue to be for some time until the effects start to be felt in town and city centres across England. Earlier this year we set out our initial thoughts here.

 In London we are already seeing the aspirations of central government being blocked by planning authorities seeking to restrict the new Permitted Development Rights through Article 4 Directions. Whilst in July, MHCLG tightened the rules on when Article 4 Directions can be introduced through the recently revised NPPF, the Mayor has already armed the boroughs with the robust evidence required to justify Article 4s against Class MA, specifically in the city’s Central Activities Zone (CAZ), as well as Canary Wharf and other key office locations in more suburban locations, such as Stockley Park.

Following this, boroughs including Westminster and Southwark have now proposed Article 4s in specific areas (including the CAZ), whilst the Royal Borough of Kensington and Chelsea has proposed a blanket Article 4 against Class MA covering the whole of the borough. To date, other metropolitan cities do not appear to be following London’s lead.

Alongside the introduction of Class MA, MHCLG has also tidied up the rest of the General Permitted Development Order, ensuring Permitted Development Rights categories are aligned with the changes to the Use Classes Order introduced last year.

We have updated our detailed guide on the Permitted Development Rights to reflect these changes. The guide, which is available to download below, sets out the key Permitted Development Rights for properties within England, and reflects the Use Classes reform brought forward last year.

If you have any queries as to whether any of the Permitted Development Rights set out apply to your property, please get in touch with a member of the team.

5 August 2021