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.

Coming quickly after the radical creation of the new Class E, and following a consultation that expired in January 2021, this would be the most significant extension to the creation and delivery of new homes through PD rights. Landlords, considering their options in a post-Covid world, could have another use option available to them.

Following the consultation, the Government has introduced three significant constraints on this PD right. These are a: 1) size limit of 1,500sqm of floorspace changing use; 2) requirement that the floorspace changing use has been in a commercial, business and/or service use for the two years prior to the application; and 3) requirement that the floorspace changing use has been vacant for three months prior to the application.