Permitted Development Rights Update Class PA: B1c (light industrial) to C3 use (residential)

Sector: Residential, Regeneration & Commercial

Briefing paper

Permitted development rights allowing changes of use to residential uses were extended on 1st October 2017, with the introduction of rights to change from B1c use to residential via class PA of the General Permitted Development Order. This goes further beyond existing rights to convert commercial buildings including B8 (storage and distribution) uses and B1a (office) uses to residential use. A summary of what is permitted, and the main relevant exclusions under class PA is provided below:

  • The right allows a change of use of a building in B1c use and land within its curtilage, to C3 residential use. The curtilage changing use can be no greater than the area occupied by the building
  • Development is only permitted where the building was used solely for light industrial on 19th March 2014, or when last in use if not in use on that date.
  • The building changing use must be 500 sqm or less
  • The building changing use cannot be a listed building, or within the curtilage of a listed building, or scheduled monument
  • Development is not permitted after 1st October 2020.
  • Development will not be permitted if a year before the date development begins an agricultural tenancy has been terminated.
  • A statement must accompany the application which demonstrates the building was solely used as a light industrial use at the required date.
    The development must be completed within a period of 3 years of obtaining prior approval from the council

For those proposing a change of use under class PA from B1c to residential an application will need to be made to the council to determine if a prior approval is required. As part of the application the Council will assess the impacts on highways and transport, risk of ground contamination, flooding and acoustic impact, as well as whether the building in B1c use is important for providing industrial services.

If you are interested to hear more about these permitted development rights, or others that may exists, please contact us.