Update to Permitted Development Right: Class MA

Changes to Class MA (Use E to Residential)

The much-anticipated amendments to Permitted Development Right Class MA were laid before parliament on 13 February 2024 and will come into force on 5 March 2024. 

For any application submitted on or after 5 March 2024, there is now no limit to the floor space that can be converted under Class MA and there is no requirement for the building to be vacant for 3 months.

Government expects that the changes to Class MA will boost the delivery of homes in unused and vacant commercial buildings via the prior approval process, avoiding the need to apply for full planning.

Legislative Context

The latest changes came in the form of the Town and Country Planning (General Permitted Development) (England) (Amendment) Order 2024 [SI 2024 No. 141], which comes into force on 5 March 2024. 

What this means for developers?

• Any building within Commercial, Business and Service use class (Use Class E): this broad use class includes a range of uses including shops, restaurants, offices, as well as gyms, financial or professional services, medical or health services, nurseries, and light industrial buildings. 
• There are no floorspace limits: Class MA now permits any size of commercial building to be converted to residential which was previously restricted to 1,500 sqm of floorspace. This provides a huge opportunity to boost the number of units delivered. 
• Removal of vacancy requirement: premises no longer are required to be vacant for a continuous period of at least 3 months immediately prior to the date of the application for prior approval. 
• Article 4 Directions: the Permitted Development Right will still be subject to Article 4 Directions. As a result of this amendment, it is believed a number of authorities may propose further Article 4 Directions. It takes a Local Authority at least a year to bring in an Article 4 direction, as each one needs to go through a long consultation period. Therefore, there is an opportunity window for developers where existing Article 4 Directions have lapsed or there is no Direction currently in place. 
• Limitations: all other aspects such as the assessment in conservation areas to the ground floor and not being allowed in AONB, National Parks, SSSI, Listed Buildings etc will remain.

Application for Prior Approval

The application for prior approval follows a similar format to previously, requiring the applicant to seek approval from the Council on the issues listed below.

• Transport impacts of the development;
  
• Contamination risks in relation to the building;
• Flooding risks in relation to the building;
• Impacts of noise from commercial premises on the intended occupiers of the development;
• Adequate natural light in all habitable rooms of the dwellinghouses;
• Impact on intended occupiers of the development of the introduction of residential use in an area the authority considers to be important for general or heavy industrywaste management, storage and distribution, or a mix of such uses;
• Loss of services (if a registered nursery, or a health centre maintained under section 2 or 3 of the National Health Service Act 2006);
• Impact on character or sustainability of a conservation area (if sited within one and where development involves a change of use of the whole or part of the ground floor);
• Fire safety impacts on intended occupants (if the building is higher than 18 metres or contains more than 7 storeys above ground). 

How JLL can help?

The amendments to Class MA provide a welcome opportunity to help boost housing numbers and bring vacant buildings back into use.

JLL’s Planning Team can assist with the preparation and submission of any prior approval notification to a Local Planning Authority. They can advise on whether your property would benefit from Class MA, what information is required for the Local Planning Authority to validate the prior approval submission, prepare statements setting out how the proposals comply with the regulations and conditions set out under Class MA; and manage the prior approval process with the Council through to determination.

To discuss how this update impacts you or any other planning matter, please contact the team.