Change of use from Class E to Residential Class C3

Permitted Development in summary allows you to carry out changes to an existing building without the need for a full planning application. This allows for buildings to be converted or extended quickly without going through the whole planning process.

Ultimately, it saves time and money and allows development to occur quicker with less red tape.

Class MA is a planning permitted development that allows the change of use from Use Class E to Residential Use Class C3 that came into effect on 1 August 2021.

Use Class E includes the following uses:

• Shops
• Financial and professional services
• Restaurants and cafes
• Offices
• Light Industrial
• Medical or health services
• Creches
• Day Nursery
• Indoor sports

Use Class C3 includes dwellinghouses for single families such as houses or a flats

There is a maximum floor space of 1,500 square metres.

Any conversions under Class MA must be for residential use only and cannot be converted to an HMO.

Vacant Building (3 months)

The property must be vacant for a minimum of 3 months prior to the application for Prior Approval. This means that you will not be able to apply if tenants are occupying the property.

Current Use (2 years)

The building must have been in its current use (Class E) for at least 2-years prior to the application for Prior Approval.

External Changes

If your building requires changes to the external elevations such as new windows and doors you will need to apply for a separate planning application in order for these changes to take place. Under Class MA it is not possible to submit any external changes in the same application.

Article 4 Restrictions

Some local authorities are planning to bring in new Article 4 restrictions preventing parts of their area from being converted. Please check with your local planning authority to see if they have an Article 4 that prevents Class MA from being implemented in your area.

Exclusions

Class MA can not be used in the following areas:

• Article 2(3) Land – AONB, SPA, the Broads, National Park, World Heritage Site
• Site of Special Scientific Interest (SSSI)
• Safety Hazard Zone
• Military Explosives Area
• Listed Building
• Scheduled Monument

However, Class MA can be used in Conservation Areas.

Application Form

Although Class MA is permitted development, it still requires a prior approval planning application. This is much cheaper and quicker than a traditional full planning application.

The following documents will be required for the prior approval application. Please check with your local authority as this may vary from council to council.

• Completed form
• Application fee
• Existing and proposed drawings
• Ground contamination report
• Noise assessment
• Daylight study
• Transport/parking assessment
• Waste management
• Evidence that the building was vacant for 3-months
• Evidence that the building was in its current use for the past 2-years
• Flood risk assessment, if in flood zone 2 or 3
• Fire statement, if 18m or 7-storeys in height

Fees

The prior approval application fee is £100 per dwelling under Class MA, at the time of writing.

Assessment

The local planning authority will assess the application against the following:

• Transport & Highways
• Contamination
• Flood Risk
• Noise from commercial units affecting residents
• Natural light to all habitable rooms
• If the conversion affects business

If the building is in a Conservation Area and involves converting the ground floor then an impact assessment will be required.

If the existing use is a registered nursery or health centre then an impact assessment will also take place.

Fire Safety Report

A fire safety report will be required if the building is either:

• 18m or higher (ignoring plant & machinery on the roof) or
• Is 7-storeys or higher from the external ground level

Time Limit

The prior approval application has a time limit of 56 days. This means the local planning authority has 56 days to decide on the application otherwise the application will be considered approved.

Once granted, there is a 3-years time limit to implement the approval and carry out the work.