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planning-applications.co.uk |
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PERMITTED DEVELOPMENT RIGHTS
COMMERCIAL
INTRODUCTION
Planning permission will be
required for the construction of new business premises (except for some minor
extensions).
Unlike Domestic properties the
range of permitted development rights available to commercial properties are
more limited.
Planning permission is
not usually required for :-
Repairs and
maintenance
Internal
alterations
Small works
outside the building (such as installing an alarm box)
Putting up
walls, fences etc within certain height limits.
CHANGE OF USE
You may be able to change
the use of your land or premises without the need for planning permission.
For example shops can alter their use to another type of shop without
planning permission. So a newsagents could be changed to a hairdressers or shoe
shop without permission.
You may be able to change between
certain types of use without permission. For example you can alter a storage
use to a business use, but not the other way. You cannot necessarily swap
backward and forward either. Some changes may only be made in one direction.
These changes are permitted by virtue of the Town &
Country Planning (Use Classes) Order 1987. Further details may be found at UCO.
If your property does not fall within
one of the use classes it is Sui Generis; ie a use on its own. Any
change of use will require a formal planning application.
Even
if you think your property use can be altered without planning permission, it is
always worthwhile double-checking with the planning department. You may not
have identified a limiting planning condition on a previous planning consent that
removed your Permitted Development Rights. Or there may be specific limitations
of use imposed for particular reasons.
You
should also check any lease or title deeds, to ensure you may carry out the change
of use without seeking landlords consent or breaching a Covenant over the
property.
As
always, changes to Listed Buildings, or where Article 4 Directions have been issued, will limit your
opportunities to benefit from Permitted Development Rights.
WORKING FROM HOME
Planning
permission is not necessarily needed if you wish to work from home. If for
example you use the garden shed or the back bedroom as an office or take phone
calls to the house for business purposes, then it is unlikely that planning permission
is required.
The
test is whether the overall use and character of the house (or flat etc) will
alter to such an extent that it can no longer be considered in residential use.
Is it still a home?
Planning permission will
probably be required :-
If the
property is no longer in use mainly as a private residence.
If the use
is likely to be considered unusual in a residential area.
If sales or
trading to the public are to take place from the premises.
If the use
is likely to increase levels of traffic or public calling at the property.
If the use
is likely to be disturbing to neighbours or create other types of nuisance such
as dust or smells.
For
example, rebuilding your classic car in the garage as a hobby will not require
permission, but running a business repairing classic cars probably will.
The
distinction may be rather fine, so if you are in any doubt always consult your
local planning department. You can obtain a formal ruling from the Council by
applying for a Lawful Development Certificate.
FLATS OVER SHOPS
The rooms over shops often
remain unused or provide ancillary storage. However, they can be a valuable
source of residential accommodation.
You may alter the use of space
over shops and other high street premises to a residential use as a flat AND
BACK AGAIN without the need for planning permission.
However, any such change
should not involve altering the external appearance of the premises.
MINOR EXTENSIONS
Houses that you will be living
in, but from which you intend using some space for ancillary business purposes,
may benefit from the range of domestic permitted development rights. [See Domestic]
Extensions to
shops and offices will require planning permission.
Factories
and warehouses may normally be extended if:-
The
extension will be less than 1000 sq m of new floorspace; and
The
extension will be less than 25% of the volume of the original building; and
The extension
will not extend above the height of the original building.
The
extension must be related to the existing use of the premises, or may be for
staff facilities associated with the premises.
So, you can build additional
factory or storage space and additional offices or a canteen, but not space
that you intend selling or letting to another business.
Any
previous extensions must be taken into account when calculating the volume of
the original building. You may have to submit a planning application if the
allowance has already been used up.
Planning permission will
be required if :-
The
allowable increase in volume has already been used for previous extensions.
The
extension will affect the external appearance of the building.
The
extension is to be within 5m of the property boundary.
The
extension will be on land required for parking or vehicle turning.
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