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The Town and Country Planning (General Permitted Development) (England) (Amendment) Order 2016

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Amendments in relation to change of use of light industrial to dwellinghouses

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8.  In Part 3 of Schedule 2, after Class P insert—

Class PA – premises in light industrial use to dwellinghouses

Permitted development

PA.  Development consisting of a change of use of a building and any land within its curtilage from a use falling within Class B1(c) (light industrial) of the Schedule to the Use Classes Order to a use falling within Class C3 (dwellinghouses) of that Schedule.

Development not permitted

PA.1.  Development is not permitted by Class PA if—

(a)an application under paragraph PA.2(1) in respect of the development is received by the local planning authority on or before 30th September 2017;

(b)the building was not used solely for a light industrial 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;

(c)the prior approval date falls on or after 1st October 2020;

(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 begins—

(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,

unless both the landlord and the tenant have agreed in writing that the site is no longer required for agricultural purposes;

(g)the site is, or forms part of—

(i)a site of special scientific interest;

(ii)a safety hazard area;

(iii)a military explosives storage area;

(h)the building is a listed building or is within the curtilage of a listed building; or

(i)the site is, or contains, a scheduled monument.

Conditions

PA.2.(1) Development is permitted by Class PA subject to the condition that before beginning the development, the developer must—

(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 light industrial use on the date referred to in paragraph PA.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 to—

(i)transport and highways impacts of the development,

(ii)contamination risks in relation to the building,

(iii)flooding risks in relation to the building,

(iv)where the authority considers the building to which the development relates is within an area that is important for providing industrial services or storage or distribution services or a mix of those services (which includes, where the development relates to part of a building, services provided from any other part of the building), whether the introduction of, or an increase in, a residential use of premises in the area would have an adverse impact on the sustainability of the provision of those services,

and the provisions of paragraph W (prior approval) of this Part apply in relation to that application.

(2) Development under Class PA is permitted subject to the condition that it must be completed within a period of 3 years starting with the prior approval date.

Interpretation of Class PA

PA.3.  For the purposes of Class PA—

“curtilage” (except in paragraph PA.1(h)) means—

(a)

the piece of land, whether enclosed or unenclosed, immediately beside or around the building in light industrial use, closely associated with and serving the purposes of that building, or

(b)

an area of land immediately beside or around the building in light industrial use no larger than the land area occupied by the building,

whichever is the lesser;

“industrial services” means services provided from premises with a light industrial use or a use falling within Class B2 (general industrial) of the Schedule to the Use Classes Order;

“light industrial use” means a use falling within Class B1(c) (light industrial) of the Schedule to the Use Classes Order;

“storage or distribution services” means services provided from premises with a use falling within Class B8 (storage or distribution) of the Schedule to the Use Classes Order..

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