Commercial permitted development to residential change of use refers to the process of repurposing a commercial property such as an office building or a light industrial premises for residential use. This type of change of use is typically allowed under certain circumstances without the need for a full planning application. This form of development is known as commercial to residential permitted change of use or prior notification.
One of the main benefits of permitted commercial to residential change of use is that it can help to increase the supply of housing, especially in areas where there is a high demand for homes such as London and southern England. This can be especially useful for addressing the housing shortage in urban areas, where it may be more difficult to build new homes due to limited availability of residential development land.
There are several other benefits to permitted commercial to residential change of use:
It can help to revitalize declining or underutilized commercial properties, which can have a positive impact on the surrounding area.
It can provide a new use for an existing building, rather than requiring the construction of a new building, which can be more cost-effective and have a smaller environmental impact.
It can provide opportunities for property owners to generate additional income through the rental of residential units.
It can help to reduce the amount of vacant or abandoned commercial properties, which can have negative impacts on the community.
Certainty in the timeframe for determination, beyond 42 days without a decision being issued and then the applicant benefits from deemed approval.
What are some common types of commercial properties that may be eligible for permitted commercial to residential change of use?
Detailed prescriptive criteria for what types of commercial properties that can benefit from permitted commercial to residential change of use is set out is schedule 2 part 3 of the General permitted development order 2015 (as amended) (GPDO) include:
Launderette
Betting office
Payday loan shop
Hot food takeaway
Amusement arcades
Casino
Commercial business and service uses falling (Class E)
Offices
Storage or distribution uses
Light industrial premises
Agricultural buildings
converting a shop into a flat
The criteria that prescribes when the respective permitted change of use to residential can occur is set out in detail in the within the GPDO under the relevant class. Where a “Prior approval change of use application” is required an application must be made to a local planning authority for –
(a) Any approval of the authority required under the order, or
(b) A determination from the authority as to whether such approval is required.
With due regard to the above outlined provisions the appellant would like to highlight that while some grants of permission by development order are conditional on prior approval, they are not applications for planning permission. Therefore, an application made in connection with planning permission granted by a development order is subject to a different decision-making duty to planning applications. In this context the property developer is essentially seeking to discharge conditions that pertain to the respective ‘permitted development’ right for the change of use to residential. The scope of issues which can be considered material are fixed exclusively by the terms set within the development order and in this instance specifically the GDPO 2015 England (as amended), schedule 2, part 3. Within this context there are no free-standing requirements to consider the development plan or other material considerations more generally or the National Planning Policy Framework unless prescribed within the relevant provision.
What is the process for obtaining permission for a permitted commercial to residential change of use?
The process for obtaining permission for a permitted commercial to residential change of use will vary depending on the location of the property and the specific circumstances of the proposed change of use. In general, the process will involve the following steps:
Determine eligibility: The property developer will need to determine whether the property is eligible for permitted commercial to residential change of use under the respective provision within the GPDO 2015 (as amended).
Submit a proposal: If the property is eligible, the owner will need to submit a prior notification application along with requisite supporting statements, drawings and reports.
Consultation: The local planning authority will consult with relevant consultees to gather feedback on the proposal and to scrutinize the submitted technical reports.
Review and decision: The assigned planning officer will review the proposal and make a decision on whether to confirm that prior approval is granted, not required or required and refused.
What are some potential challenges that property owners may face during the process of obtaining permission for a permitted commercial to residential change of use?
There are several potential challenges that property developers may face during the process of obtaining permission for a permitted commercial to residential change of use which are similar to the issues that arise when seeking to implement permitted development rights across the board. For example while the criteria for what is permitted development is set by central government local interpretations may vary when new rules are introduced which will require case law precedents being set before interpretations are brought into relative alignment. Additionally, permitted development may not always align with local planning policies or the needs and preferences of the community, which can lead to conflicts or disputes. Article 4 directions can and have been introduced to restrict permitted change of use between commercial to residential.
In conclusion, permitted commercial to residential change of use is a process that allows for the conversion of commercial properties into residential dwellings under certain circumstances. It can help to increase the supply of housing and revitalize declining or underutilized properties, but it is important for property owners to be aware of the potential challenges and costs involved. Using a planning advisor in London can be a valuable resource for homeowners, property developers and landlords involved in the planning process. As London based Planning consultants we can provide expert advice and guidance, saving you time and effort, and increasing your chances of success. Whether you are a property developer, a homeowner, a portfolio landlord or a business owner, a planning consultant can help you to navigate the complex and often challenging process of getting your development approved.
Planning advice in London will vary from borough to borough and on a site by site basis for planning advice in London specific to your property development project or if you require planning permission help in general I encourage you to get in contact in order for us to help you overcome these challenges and increase your chances for success.
Fidel Miller MRTPI
London planning consultant
Planning consultant near me
Comentarios