Amendments to permitted development rights
Further to our update in March, which indicated the circumstances in which a change of use from offices to residential would become permanent, these changes have now been incorporated into the Town and Country Planning (General Development) (England) (Amendment) Order 2016.
This amends the previous Order made in 2015.
Our previous understanding of the legal changes, have been conformed by the amending order. That order provides, amongst other things, a new condition, which means that the permitted development rights, which enable the change of use to residential, must be completed within three years of the prior approval date. This will be so even in cases where the prior approval has already been granted.
As part of the prior approval process, planning authorities will be able to consider, amongst other things, the noise from commercial premises on intended occupiers of residential developments. Readers in this regard will be mindful of various cases in recent years, including the case of R (on the application of O’Dwyer) v Westminster City Council 25 July 2008 EWHC 2358 (Admin), where this firm acted for the plaintiff, and where the courts were asked to look at the nuisance implications of the noise consequences of entertainment uses on nearby residences.
There are other considerations that can also be taken into account in the prior notification process such as transport and highways impact to the development, contamination and flood risks on the site.
For further information please contact:
Barrister, Head of Planning
T. 020 7227 7242
This briefing is for guidance purposes only. RadcliffesLeBrasseur accepts no responsibility or liability whatsoever for any action taken or not taken in relation to this note and recommends that appropriate legal advice be taken having regard to a client's own particular circumstances.