Summary of the latest Permitted Development changes - May 30th 2013. 

This is a new category of permitted development, under which it is possible to change from Class B1(a) office to Class C3 residential use. It is subject to a sunset clause expiring on 30th May 2016.

In order to take up this PD opportunity, the office use must be in place immediately before 30th May 2013, or the building was last in that use. There is no specific requirement in the amended GPDO for that office use to be lawful.

A prior approval process has been put in place, so LPAs can consider the transport & highways impacts of the development; contamination risks, and flood risks on the site [not from the site]. This process is similar in many ways to that which applies to residential extensions - see above - although the determination period is 56 days.

As part of the consultation period, the Secretary of State invited LPAs to put forward a case for exemption from the new PD class on the ground that severe adverse national or local economic impacts would result from the loss of employment floorspace in their area. In the event, most of the applications for exclusion – now called ‘Article 1(6A) land’ - were rejected with only 17 areas throughout England being given that status. These include the obvious candidates such as the City of London, parts of the City of Westminster and the whole of Royal Borough of Kensington & Chelsea, but also some unexpected locations including much of East Hampshire District and specific parts of Sevenoaks and the Vale of the White Horse in Oxfordshire.