When to apply for planning permission

On 30 May 2013 the government made changes to legislation to amend householder permitted development rights and also introduce new permitted development rights for certain changes of use.

In light of these changes, a new prior approval process has been introduced for rear extensions which requires an application to be made to this Authority.

In addition, you will also need to give us Prior Notification of certain changes of use rather than applying for planning permission. These changes of use include:

• Change of use of a building from business to residential;
• Change of use of a building to a school; and
• Change of use from an agricultural building to another use.

The following guidance notes relate to both the changes to householder permitted development rights as well as those relating to changes of use.

Notification of a proposed larger house extension

These changes relate to Part 1, Schedule 2 of the Town and Country Planning (General Permitted Development) Order 1995 (as amended). This is a temporary permitted development right and is subject to a new procedure that involves consultation with neighbouring properties. Upon making an application, we will notify neighbouring residents and provide 21 days for comments to be submitted. If an objection is received, we must consider the impact the proposal may have on neighbouring amenity. The temporary rights do not apply to houses within a conservation area.

Extensions approved under these temporary changes must be completed on or before 30 May 2016.

Change of use of a building from business to residential

Class J relates to the change of use of a building and any land within its curtilage from Use Class B1(a) (Business - Offices) to Use Class C3 (Dwelling houses). This new permitted development right is temporary until 30 May 2016.

Change of use of a building to a school

Class K relates to the change of use of a building and any land within its curtilage from either Use Classes B1 (Business), C1 (Hotels), C2 (Residential Institutions), C2A (Secure Residential Institutions) and D2 (Assembly and Leisure), to a use as a state-funded school. This new permitted development right is permanent.

Change of use from an agricultural building

Class M relates to the change of use of a building and any land within its curtilage from use as an agricultural building to a ‘flexible use’ within either Class A1 (Shops), Class A2 (Financial and Professional Services), Class A3 (Restaurants and Cafes), Class B1 (Business), Class B8 (Storage and Distribution), Class C1 (Hotels) or Class D2 (Assembly and Leisure). This new permitted development right is permanent.

Please note that most of these permitted development rights are subject to determination as to whether prior approval is required, and are also subject to other criteria.

Notifying us of a change of use

The process requires a developer to notify us before beginning the development, so that we can consider certain impacts that are likely to arise from the development. This notification must comprise:

1. A written description of the proposed development (We recommend that you use the application forms above to notify us in order to ensure that you submit all of the required information) 
2. A plan of the site, showing the proposed development
3. The developer’s contact address
4. The developer’s email address if you are content to receive email communication
5. Any Prior Approval Determination fee that is required to be paid

What happens next?

Once your completed application is received we will notify statutory consultees and publicise the proposed development by display of a site notice or by serving notice by letter on any adjoining owner or occupier.

As part of the process we will usually need to assess the following:

In order to enable us to make a judgement on these matters, you may wish to include assessments of the above impacts or risks and statements setting out how the impacts or risks are to be mitigated. It will assist if these documents are included at the outset of the process. Occasionally we may require further information, or we may refuse Prior Approval on the basis that the information submitted fails to demonstrate that the impacts and/or risks have been adequately assessed and/or that they can be adequately mitigated.

We will also take into account any representations received as a result of the consultation and will have regard to the National Planning Policy Framework before making a decision. We have 56 days to notify you of one of the following outcomes: 

• That Prior Approval is not required;
• That Prior Approval is required, and has been given; or
• That Prior Approval is refused.

If your Prior Approval application is refused, you have the right to submit an appeal to the Planning Inspectorate.

Other Criteria

The introduction of Classes J, K and M are subject to the following additional criteria.

In respect of Class J development, the permitted development rights do not apply where:

The building was not used for a use falling within Class B1(a) (Offices) of the Schedule to the Use Classes Order immediately before 30 May 2013, or if the building was not in use immediately before that date, when it was last in use;

• The use of the building as a Class C3 (Dwellinghouse) of the Schedule to the Use Classes Order was begun after 30 May 2016;
• The building is a listed building or scheduled monument;
• The site is or forms part of a safety hazard area (as notified by the Health and Safety Executive);
• The site is or forms part of a Military Explosives Storage Area (as licensed by the Secretary of State for Defence); or
• The building is on Article 1(6A) land (Exempt Office Areas).

In respect of Class K development, the permitted development rights do not apply where:

• The building is a listed building or scheduled monument;
• The site is or forms part of a safety hazard area (as notified by the Health and Safety Executive); or
• The site is or forms part of a Military Explosives Storage Area (as licensed by the Secretary of State for Defence).

In respect of Class M development, the permitted development rights do not apply where:

• The building has not been solely in agricultural use since 3 July 2012; or for buildings that are first brought into use after 3 July 2012, for 10 years;
• The cumulative floorspace of buildings which have changed use under Class M within an original agricultural unit exceeds 500 square metres;
• The building is a listed building or scheduled monument;
• The site is or forms part of a safety hazard area (as notified by the Health and Safety Executive); or
• The site is or forms part of a Military Explosives Storage Area (as licensed by the Secretary of State for Defence).

Note

With regard to Class M, the Determination as to whether Prior Approval is required only applies if the cumulative floorspace of the building(s) changing use exceeds 150sq.m and does not exceed 500 sq.m. If the proposal exceeds 500 sq.m, the Prior Approval Determination process cannot be used and planning permission will be required for the change of use instead. If the proposal does not exceed 150 sq.m, then you will need to notify us in writing of the date that the site will change to one of the flexible uses; the nature of the use/uses; and a plan indicating the site and the building(s) that have changed use.

There are other conditions and definitions relating to Class M, and you are advised to consult Paragraph M.2 of the Town and Country Planning (General Permitted Development) (Amendment) (England) Order 2013 for further details.