Office conversions
The key changes to this application process are:
- The removal of the 30 May 2016 deadline from the Permitted Development Right.
- Any Permitted Development scheme must be completed within three years of the date of prior approval.
- There is a need for the legislation to be reviewed every five years.
Prior approval change of use from B1(a) offices to dwellinghouse (C3). [Class O development]
The Town and Country Planning (General Permitted Development) (England) Order 2015, as amended allows changes of use from office (Use Class B1(a) to dwelling house (Use Class C3) subject to prior approval.
The government initially stated, until 30 May 2016, that a change of use of an office building and its land to residential use (Class C3, which includes flats and houses) will be permitted development.
This means the change of use will not need planning permission. The right for permitted development is now permanent. The 30 May 2016 deadline is removed. Any permitted development scheme must be finished within three years of the date of the prior approval.
Changing a premises to residential use under Class M requires prior approval. The local planning authority must assess the impact of the change of use against:
(a) transport and highways
(b) contamination risks on the site; and
(c) flooding risks on the site.
(d) Noise impacts
Fee for B1(a) to (C3)
The fee for this application is £80.00.
Prior approval change of use from A1/ A2/ Other specified uses to dwellinghouses C3 [Class M development]
The Town and Country Planning (General Permitted Development) (England) Order 2015, as amended, allows changes of use from a premises under use class A1, A2, or certain other uses specified in the legislation, to dwelling house (Use Class C3) subject to prior approval.
Changing a premises to residential use under Class M, is subject to a prior approval process. The developer must apply to the local authority to see if prior approval is needed for:
(a) transport and highways impacts of the development
(b) contamination risks on the site; and
(c) flooding risks on the site.
(d) undesirable change of use of the building, to change the use to C3 due to its impact on services provided by a building in Class A1/A2. If the site is in a key shopping area we must decide if that area is sustainable.
(e) the design or external appearance of the building.
Fees for A1/A2/ other to C3
The fee for this application is £80.00. This is if no building work is proposed. If building operations are proposed under M.1(b), the fee is £172.00.
Prior approval application for office to dwellinghouse
The developer must notify the local planning authority with:
- A written description of the proposed development. This includes the proposed Class the development relates to under Part 3 of Schedule 2.
- A statement of the proposed net increase in dwellinghouses.
- A plan showing the site and the proposed development. It should include an O.S. site plan that identifies the site in relation to its neighbours, and a plan showing the floorspace and any curtilage land involved.
- The developer's contact address, and an email if they accept email. A contact phone number is also desirable.
- If the proposal is in Flood Zone 2 or 3, a site-specific flood risk assessment is needed. If a site is in Harrow's Strategic Flood Risk Area 3a or 3b, a flood risk assessment may be requested. This includes emergency evacuation information. This applies even if the site is outside Flood Zones 2 or 3.
- The specified fee and for proposals under Class M, the following information should be included to avoid delay:
- Specification of whether the proposal includes building operations under M.1(b)
- Existing and proposed elevations and floor plans. Also site plans showing the above operations.
The local planning authority may need the developer to assess risk impacts. For example, state how to mitigate impacts or risks. Or, provide details of proposed buildings or operations, if needed to assess the application.
We urge you to submit any relevant information with the application. This includes the flood zone (1, 2 or 3) that the application falls into. If the information is not provided on time, it may be refused.
Neighbour consultation
We will post a notice on or near the land for at least 21 days. It will state the address and description of the development. It will also provide the deadline for any responses.
Decisions
The change of use cannot take place until the occurrence of one of the following:
- The local planning authority notify, in writing, that prior approval is not required.
- The local planning authority gives written approval of the request.
- 56 days pass from receipt of the application without the local planning authority notifying whether prior approval is not required, approved or refused.