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Commercial Prior Approval
The Government has also introduced a number of other changes, the details of which are available on Planning Portal
Please note you may need planning permission to change the use of your property, for example from a shop to an office or conversion of a dwelling into flats.
Other Prior Notification - The form for this submission is available from the Planning Portal.
In 2013 and 2014 new legislation came into force from Central Government to ‘free up’ the planning system to enable schemes for various developments to be carried out under permitted development i.e. without applying for formal full planning permission. These changes are outlined below.
The following classes were enacted as part of the Town & Country Planning (General Permitted Development) (Amendment) (England) Order 2015.
Class J – Change of use of a building and any land from B1(a) (offices) to Class C3 (dwellinghouses)
The building must not be used within Class B1(a) (offices) immediately before 30th May 2013, or its last use, the use of the building as a dwelling must be begun prior to 30th May 2016. Does not apply to military explosives storage areas, safety hazard areas, listed buildings or scheduled monuments.
Class K – Change of use of a building and any land to use as a state-funded school, from B1 (business), C1 (hotels), C2 (residential institutions), C2A (secure residential institutions) and D2 (assembly and leisure).
Does not apply to military explosives storage areas, safety hazard areas, listed buildings or scheduled monuments.
Class L – Development consisting of a change of use of land from a use permitted by Class K (above) to the previous lawful use of the land.
Class M – Change of use of a building and land from use as an agricultural building to a flexible use falling within either:
Class A1 (shops);
Class A2 (financial and professional services);
Class A3 (restaurants and cafes);
Class B1 (business);
Class C1 (hotels) or
Class D2 (assembly and leisure).
Must have been in sole agricultural use since 3rd July 2012 or for 10 years for buildings first brought in to use after 3rd July 2012, not exceed 500m2, not be a listed building or a scheduled monument or form part of a military explosives storage area or safety hazard area.
Prior Approval Process
An application made to the local planning authority for a determination as to whether the prior approval of the authority for Classes J, K and M will be required and should include:
- a written description of the proposal;
- a plan of the site, showing the proposed development;
- a contact address for the homeowner/agent and an e-mail address if the homeowner/agent is happy to receive correspondence by e-mail; and
- a fee of £80 (where no building operations apply)
- a fee of £172 (with associated building operations) (from 30th July 2014)
The form for these submissions is available from the Planning Portal.
As a result of the application the Local Planning Authority may deem it necessary to carry out consultations with highway, transport and environment authorities and environmental health, and as such request additional information from the developer.
Notification of adjoining premises will be undertaken (where necessary) and a site notice may be displayed, informing of, and giving the opportunity to, comment on the proposal within a minimum of 21 days.
The Local Authority will then, taking into account representations, the National Planning Policy Framework, and as necessary the Environmental Protection Act 1990, either issue a Prior Approval Notice allowing the development to go ahead or refuse to issue Prior Approval.
If the local authority does not notify the developer of their decision within the 56-day determination period, the development may go ahead.