The new PD right, and other changes to the PD system, were introduced on 31st March 2021 via new regulations laid by the Ministry of Housing, Communities and Local Government (MHCLG), Town and Country Planning (General Permitted Development etc.) (England) (Amendment) Order 2021.
Below are considered to be the most pertinent points to the new right;
1. The new class MA PD right, which will allow for a range of commercial uses to convert to housing without requiring planning permission, will be introduced on 1st August 2021.
It covers a range of uses in the new class E use class, including offices, shops, restaurants, cafes, health services, nurseries, gyms and leisure uses.
2. The new class MA PD right replaces two existing commercial-to-residential PD rights, including the office to residential right.
It will replace the class M right, which allowed A1 shops and A2 financial and professional services to convert to residential, and the Class O right, which allowed office to residential and was introduced in 2013.
The existing rights for the change of use from offices and retail to residential will continue to apply until 31 July 2021, when the new MA right will be introduced.
3. New conditions have been introduced in respect of;
4. Prior approval.
Prior approval from the Local Planning Authority will be required to exercise the rights and can consider the following matters:
5. Applicants will need to demonstrate that the building has been in the correct commercial usage for at least two years.
6. National parks, areas of outstanding natural beauty (AONBs) and sites of special scientific interest will be exempt from the right.
However, it will apply in conservation areas (see above).
7. PD rights for schools, colleges, universities, hospitals and prisons are amended to allow such buildings to expand to a greater extent.
The changes to class M of the General Permitted Development Order (GPDO) increase the threshold of the footprint and height these “public service buildings” can increase to under the PD rights. A special prior approval process specifically for university buildings has been introduced, with the objective of allowing for local consideration of the impact on design, heritage and archaeology, and highways and transport.
Other PD Rights also introduced on 31st March include the following;
There are new regulations which change planning rules around the removal of statues and other monuments.
The new regulations expand PD rights for ports.
For more information on any of the above, please contact Anne Pawsey MRTPI, firstname.lastname@example.org