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9.7.16

Planning law update

Changes in planning law to permitted development rights regarding change of use from offices to residential.

The Government has recently published additional and revised ‘permitted development rights’ to allow some change of use of property without planning permission. This came  into force on 6 April 2016 under The Town and Country Planning (General Permitted Development) (England) (Amendment) Order 2016 . Noise is now included in these changes where a change of use from offices to dwelling houses is being sought.

Existing permitted development rights, allowing the change of use from offices to residential (which were to expire in May 2016), have been made permanent. This has been anticipated for some time, reflecting the positive take- up of these rights to date.
This permitted development is subject to a process of prior approval from the planning authority and a further criterion, related to noise, has been introduced. Development will need to be completed within a period of 3 years starting with the prior approval date.

The Order states that; “development under Class O is permitted subject to the condition that before beginning the development, the developer must apply to the local planning authority for a determination as to whether prior approval will be required as to the impacts of noise from commercial premises on the intended occupiers of the development”

Sharps Redmore have recently been involved in a number of prior approval determinations including the assessment of noise from commercial premises such as live music venues, light industrial uses and retail outlets in support of  applications to local planning authorities under the permitted development banner, enabling the development of former empty offices into dwelling houses and apartments.