Office to resi permanent permitted development rights
This article was produced by Nabarro LLP, which joined CMS on 1 May 2017.
Summary and implications
What's new
Since 2013 there has been a permitted development right which allows developers to create residential units from offices without the need for a planning application, and free from affordable housing and other financial obligations. It relates to internal alterations only. Planning permission is needed for any external works. The temporary measures were due to expire on 30 May 2016 but have now been made permanent.
Developers have been reluctant to use the temporary permitted development right provisions over the last few months because the residential use must have "begun" by 30 May 2016. The new regulations have clarified this and projects now have three years from the date of prior approval for the use to have "begun".
Scope of permitted development rights
The new rules came into effect on 6 April 2016. As promised, they allow office-to- residential conversion as a permanent permitted development right.
The rights will be subject to prior approval by the local planning authority. The permanent permitted development rights are subject to a new requirement for a noise assessment. This is intended to allow local planning authorities to consider noise mitigation from surrounding commercial uses.
The new rights also permit the change of use of laundrettes to residential, subject to a further prior approval requirement which allows the council to assess the impact of the changes to the adequate provision of such services in the local area.
The Minister suggested in October that the permanent GPDR (General Permitted Developement Rights) would allow the demolition of office buildings and new buildings for residential use. However, there is no sign of this provision in the new rules. The situation remains that the permitted development right only authorises the internal works which are necessary to facilitate the change of use from residential to office use. Any exterior change still requires planning permission.
Commercial areas exemption
Under the new regulations, the existing City of London and commercial areas exemption will continue until 31 May 2019. There are exempt commercial areas in 17 local authorities in England. If they wish to continue to require a planning application for a change of use from offices to residential beyond that date, local authorities must make an Article 4 direction before May 2019.
The Mayor’s office has already stated an intention to provide guidance to London boroughs in the London Central Activities Zone, to provide them with the "evidence base" they need to apply for the Article 4 direction.
