Class MA permitted development rights (“PDR”) came into effect in August 2021 to provide for the change of use of premises in the Commercial, Business and Service use class (Use Class E) to residential. Class E includes a range of uses commonly found on the high street, from restaurants and shops to gyms and offices.  This PDR effectively replaced the previous right to change from offices to residential which, amongst other things, included no upper floorspace limit.  The Class MA PDR is subject to a number of limitations which the DHLC want to open up to enable the creation of new homes in England that might otherwise have not come forward through a planning application.

The current cumulative floorspace limitation in Class MA of 1,500 square metres effectively allows the delivery of up to 20 two bed homes. DHLC are seeking views on whether to double the size cap to 3,000 square metres or even have the floorspace limitation removed altogether. There is also a suggestion to remove the three-month vacancy requirement, as it is believed this requirement might have the unintended effect of properties being left vacant for longer periods. 

Whilst the PDR is permitted in conservation areas subject to prior approval, it does not apply in other sensitive areas such as National Parks, AONBs and World Heritage Sites. With the exclusion of World Heritage Sites, DHLC are looking to broaden the PDR so that it can be used in other protected land. To note, the use of this PDR in conservation areas does not allow for any operational or building works to take place – this would warrant a planning application. DHLC are also asking for views on how the prior approval process for this specific PDR is operating in practice, given that other rights are operating in conservation areas successfully without comparable safeguards.

Last but not least, DHLC are proposing to allow the change of use of hotels, boarding houses or guest houses to dwelling-houses through permitted development rights, to be either delivered through an expansion to the Class MA right or through the creation of a new right. Specific safeguards would be put in place to allow for local consideration of the impacts the change of use would have, i.e. through a prior approval process. Any homes created under the right would be limited to use as a C3 dwelling-house.

Whilst the previous office to residential rights were perhaps too unfettered, their replacement in Class MA has proved too restrictive so some relaxation following this consultation paper is likely to be welcomed.

Here is a link to the consultation which sets out these proposals and the questions raised in paragraphs 17-34: https://www.gov.uk/government/consultations/permitted-development-rights/consultation-on-additional-flexibilities-to-support-housing-delivery-the-agricultural-sector-businesses-high-streets-and-open-prisons-and-a-call-f#design-codes

The deadline for comments is 25 September 2023.  Views can be submitted via their online survey.  Alternatively you can email your response to the questions raised in this consultation to PDRconsultationsummer2023@levellingup.gov.uk