Comment

Class O Permitted Development Right: use it or lose it

With a revised General Permitted Development Order coming in to play at the start of August this year, a large number of Permitted Development (PD) Rights for the change of use of commercial properties are nearing their expiry date (31 July 2021), which includes the infamous ‘Class O’ PD Right – office to residential.

Although the revised General Permitted Development Order will include a new PD Right (Class MA) to continue office to residential conversions, this will be more onerous in terms of criteria, not least with the addition of a 1,500 sq m threshold and a vacancy requirement of three months. Further additional criteria, in addition to that listed within the current Class O PD Right, consists of:

• the impact of the loss of the ground floor commercial, business and service use on conservation areas;
• the impact of the development for future residents from the introduction of residential use in an area considered important for industrial, waste management, storage and distribution uses.

The current Class O is still in play until 31 July this year, with an application for Prior Approval having to be submitted by this date (rather than approved). Therefore, if a conversion from office use to residential would aid in maximising the value of your asset, or indeed if this is the end plan for a prospective site opportunity, we would urge asset holders and developers to consider achieving the principle of this type of conversion under the current Class O PD Right. Especially for office developments greater than 1,500 sq m in area, or not able to meet the additional criteria that Class MA will place.

For more information, or if you need our help with Class O, please contact Catriona Fraser, Luke Sumnall, Andrea Arnall, Simon Packer or Cat White.

29 April 2021