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Specified sui generis uses to dwellinghouses

Specified sui generis uses to dwellinghouses

Permitted Development

Development consisting ofโ€”

  • (a)a change of use of a building and any land within its curtilage from a use asโ€”
    • (i)an amusement arcade or centre, or
    • (ii)a casino,
  • (b) development referred to in paragraph (a) together with building operations reasonably necessary to convert the building referred to in paragraph (a) to a use falling within Class C3 (dwellinghouses) of that Schedule.

Development Not Permitted

Development is not permitted by Class N ifโ€”

  • (a)the building was not used solely for one of the uses specified in Class N(a)โ€”
    • (i)on 19th March 2014, or
    • (ii)in the case of a building which was in use before that date but was not in use on that date, when it was last in use;
  • (b)the cumulative floor space of the existing building changing use under Class N exceeds 150 square metres;
  • (c)the development (together with any previous development under Class N) would result in more than 150 square metres of floor space in the building having changed use under Class N;
  • (d)the development under Class N(b) would consist of building operations other thanโ€”
    • (i)the installation or replacement ofโ€” (aa)windows, doors, roofs, or exterior walls, or (bb)water, drainage, electricity, gas or other services,
  • (e)the building is withinโ€”
    • (i)an area of outstanding natural beauty;
    • (ii)an area specified by the Secretary of State for the purposes of section 41(3) of the Wildlife and Countryside Act 1981 ;
    • (iii)the Broads;
    • (iv)a National Park; or
    • (v)a World Heritage Site;
  • (f)the site is, or forms part ofโ€”
    • (i)a site of special scientific interest;
    • (ii)a safety hazard area;
    • (iii)a military explosives storage area;
  • (g)the building is a listed building or is within the curtilage of a listed building; or
  • (h)the site is, or contains, a scheduled monument.

Conditions

โ€”(1)ย Where the development proposed is development under Class N(a) together with development under Class N(b), development is permitted subject to the condition that before beginning the development, the developer must apply to the local planning authority for a determination as to whether the prior approval of the authority will be required as toโ€”

  • (a)transport and highways impacts of the development,
  • (b)contamination risks in relation to the building,
  • (c)flooding risks in relation to the building, ...
  • (d)the design or external appearance of the building, and
  • (e)the provision of adequate natural light in all habitable rooms of the dwellinghouses,

(2)ย Where the development proposed is development under Class N(a) only, development is permitted subject to the condition that before beginning the development, the developer must apply to the local planning authority for a determination as to whether the prior approval of the authority will be required as to the items referred to in sub-paragraphs (1)(a) to (c) and (e), and the provisions of paragraph W (prior approval) of this Part apply in relation to that application.

(3)ย Development under Class N is permitted subject to the condition that development under Class N(a), and under Class N(b), if any, must be completed within a period of 3 years starting with the prior approval date.

Contact Us

Many forms of Permitted Development have conditions and a requirement for a Prior Approval application. Contact us to discuss your project.

James Regan

Joe Millson

MRICS