New rights will now allow vacant commercial premises to be converted into homes.
The new Class MA Permitted Development rights are intended to aid post-lockdown recovery and will allow developers to make use of vacant units on the high street. However, there will be implications beyond town centres, as the owners of any commercial use will now have the opportunity to convert their buildings to housing. JWPC have commented on previous changes to the use classes order, including a summary of which uses are considered as commercial (Class E): click here to find out more.
To take advantage of the new Class MA, developers must first apply to their local planning authority for its prior approval. The authority can refuse to grant prior approval based on the following eight considerations:
- Transport matters;
- Contamination risk;
- Flooding risk;
- Noise impact;
- Character and sustainability of the conservation area (if applicable);
- Provision of natural light in all habitable rooms;
- The impact on occupiers from neighbouring uses
- The impact on the local provision of services lost in relation to a registered nursery or a health centre maintained by the NHS.
Local councils will retain some power to guard against the conversion of health centres and development in out-of-town locations such as industrial sites. Importantly for many developers, councils will not be able to refuse prior approval based on subjective design and visual amenity grounds.
If a proposed development lies within a conservation area – and many town and city centres fall within conservation areas, the impact on its character can be considered, but notably sustainability must also be taken into account. This opens the doors for local authorities to guard against continued periods of vacancy and allow development that will ensure the longevity of a conservation area.
Applications for development under Class MA can be made from 1 August 2021.
If you are interested in applying to convert your vacant commercial building, contact us – JWPC would be happy to advise you, and help with the preparation of a prior approval application.