The Government has confirmed that it will introduce a new PD right to allow the change of use from commercial, business and service uses (Class E) to residential uses (Class C3) in England.  This PD right, under Class MA, will come into force in August 2021 and draft legislation, the Town and Country Planning (General Permitted Development etc.) (England) (Amendment) Order 2021 was laid before Parliament on 31 March 2021.

From 1 September 2020 existing buildings that are already used for Class A1 , A2 , A3 , B1 and certain D1 and D2 uses will fall within a new single Class E and, unless the permissions they operate under have specific controls, will be able to change to other uses within that new class without the need for planning permission.

The amendments also introduce the concept of a “part use”, allowing a change of use of part of a building, use or planning unit to an alternative Class E use without permission.

The new rules are being laid out in parliament and should come into effect by September 2020.

The measures are part of an overhaul of "outdated and bureaucratic" planning permission laws. It means homeowners of detached properties will be able to expand their current living space upwards rather than having to fork out huge costs moving.

Housing secretary Robert Jenrick said he hoped people would use the powers to add space for elderly relatives or additional bedrooms for growing families.

The extension of permitted development rights to allow homeowners to extend their properties without a full planning application – as well as high street conversions to offices and homes – has come into permanent effect. However, this new rule does not allow to apply for extension greater than 6m for terraced and semi-detached houses, and for 8m for detached houses. 

Previously, full planning applications had to be submitted to local councils for extensions, and the process could take months.

The new rules do not apply to homes in protected areas, such as conservation areas and national parks. 

Over 110,000 extensions have been completed since 2014 under the previously temporary rules. Housing minister Kit Malthouse said: “These measures will help families extend their properties without battling through time-consuming red tape. By making this permitted development right permanent, it will mean families can grow without being forced to move."

Local authorities can now consider proposals for the conversion of shops and other high street uses such as takeaways and launderettes to offices under the prior approval process.

Class M properties,  already allow retail and sui generis uses to be converted to residential without the need for planning permission, but the new regulations would allow takeaways to be converted to housing to suit the needs of the community. 

These rights are valid from 25th of May 2019. 

If you have any questions relating to the extension of the property, please contact us. 

The proposal was described in the application as a single-storey rear extension to ground floor flat. Barnet Council refuses it on the ground of non-compliance with local policies and London Plan policies. We had successfully appealed this Council decision:

"I conclude that the proposal would not cause harm to the character and appearance of the property or surrounding area, and would comply with Policy DM01 of the  DMDPD, Policy CS5 of the CSDPD, and  Policies 7.4 and 7.6 of the London Plan."

(Appeal Decision: APP/N5090/W/19/3220509)