Class MA - Permitted Development
Change of use from Class E to Residential Class C3
Change of use from Class E to Residential Class C3
Permitted Development in summary allows you to carry out changes to an existing building without the need for a full planning application. This allows for buildings to be converted or extended quickly without going through the whole planning process.
Ultimately, it saves time and money and allows development to occur quicker with less red tape.
Class MA is a planning permitted development that allows the change of use from Use Class E to Residential Use Class C3 that came into effect on 1 August 2021.
Use Class E includes the following uses:
Shops
Financial and professional services
Restaurants and cafes
Offices
Light Industrial
Medical or health services
Creches
Day Nursery
Indoor sports
Use Class C3 includes dwellinghouses for single families such as houses or a flats
There is a maximum floor space of 1,500 square metres.
Any conversions under Class MA must be for residential use only and cannot be converted to an HMO.
Vacant Building (3 months)
The property must be vacant for a minimum of 3 months prior to the application for Prior Approval. This means that you will not be able to apply if tenants are occupying the property.
Current Use (2 years)
The building must have been in its current use (Class E) for at least 2-years prior to the application for Prior Approval.
External Changes
If your building requires changes to the external elevations such as new windows and doors you will need to apply for a separate planning application in order for these changes to take place. Under Class MA it is not possible to submit any external changes in the same application.
Article 4 Restrictions
Some local authorities are planning to bring in new Article 4 restrictions preventing parts of their area from being converted. Please check with your local planning authority to see if they have an Article 4 that prevents Class MA from being implemented in your area.
Exclusions
Class MA can not be used in the following areas:
Article 2(3) Land – AONB, SPA, the Broads, National Park, World Heritage Site
Site of Special Scientific Interest (SSSI)
Safety Hazard Zone
Military Explosives Area
Listed Building
Scheduled Monument
However, Class MA can be used in Conservation Areas.
Application Form
Although Class MA is permitted development, it still requires a prior approval planning application. This is much cheaper and quicker than a traditional full planning application.
The following documents will be required for the prior approval application. Please check with your local authority as this may vary from council to council.
Completed form
Application fee
Existing and proposed drawings
Ground contamination report
Noise assessment
Daylight study
Transport/parking assessment
Waste management
Evidence that the building was vacant for 3-months
Evidence that the building was in its current use for the past 2-years
Flood risk assessment, if in flood zone 2 or 3
Fire statement, if 18m or 7-storeys in height
Fees
The prior approval application fee is £100 per dwelling under Class MA, at the time of writing.
Assessment
The local planning authority will assess the application against the following:
Transport & Highways
Contamination
Flood Risk
Noise from commercial units affecting residents
Natural light to all habitable rooms
If the conversion affects business
If the building is in a Conservation Area and involves converting the ground floor then an impact assessment will be required.
If the existing use is a registered nursery or health centre then an impact assessment will also take place.
Fire Safety Report
A fire safety report will be required if the building is either:
18m or higher (ignoring plant & machinery on the roof) or
Is 7-storeys or higher from the external ground level
Time Limit
The prior approval application has a time limit of 56 days. This means the local planning authority has 56 days to decide on the application otherwise the application will be considered approved.
Once granted, there is a 3-years time limit to implement the approval and carry out the work.