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Storage or distribution centre to dwellinghouses

Storage or distribution centre to dwellinghouses

Permitted Development

Development consisting of a change of use of a building and any land within its curtilage from a use falling within Class B8 (storage or distribution centre) of the Schedule to the Use Classes Order to a use falling within Class C3 (dwellinghouses) of that Schedule.

Development Not Permitted

Development is not permitted by Class P ifโ€”

  • (a)the building was not used solely for a storage or distribution centre use on 19th March 2014 or 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 building was not used solely for a storage or distribution centre use for a period of at least 4 years before the date development under Class P begins;
  • (c)the prior approval date falls on or after 10th June 2019;
  • (d)the gross floor space of the existing building exceeds 500 square metres;
  • (e)the site is occupied under an agricultural tenancy, unless the express consent of both the landlord and the tenant has been obtained;
  • (f)less than 1 year before the date the development beginsโ€”
    • (i)an agricultural tenancy over the site has been terminated, and
    • (ii)the termination was for the purpose of carrying out development under this Class,
  • (g)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; or
    • (iv)a National Park;
    • (v)a World Heritage Site;
  • (h)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;
  • (i)the building is a listed building or is within the curtilage of a listed building; or
  • (j)the site is, or contains, a scheduled monument;
  • (k)the development is not completed within a period of 3 years starting with the prior approval date.

Conditions

Development is permitted by Class P subject to the condition that before beginning the development, the developer mustโ€”

  • (a)submit a statement, which must accompany the application referred to in paragraph (b), to the local planning authority setting out the evidence the developer relies upon to demonstrate that the building was used solely for a storage or distribution centre use on the date referred to in paragraph P.1(a) and for the period referred to in paragraph P.1(b);
  • (b)apply to the local planning authority for a determination as to whether the prior approval of the authority will be required as toโ€”

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