Dear all
I should be grateful for some guidance / assistance regarding the correct fee to be paid for a change of use application.
The circumstances are as follows.
The application relates to the change of use of part of a farmyard to a self storage facility, using shipping containers. The application describes the development as follows:
“Change of use of land and the siting of shipping containers for B8 self storage facility”
A fee of £385.00 has been paid, being that applicable to a material change in the use of land as provided under para 13 of Part 2 of the Fee Regulations. This is on basis that the proposal does not involve any building operations or the erection of any structures.
The LPA have confirmed that the fee paid is correct with regard to the change of use but contend that a further payment is needed to cover the Fee Regulation amount required for the storage floorspace that is created by the siting of the containers.
I do not consider that to be correct because for that to apply, the development would need to fall within para 2 of the Fee Regulation, namely “The erection of buildings (other than buildings in categories 1, 3, 4, 5 or 7)”.
The containers are not being erected but rather stationed on the land. Whilst that represents a material change of use of the land, the fact that no physical construction is involved on site means that the placement of a container could not be regarded as an operation of construction “normally undertaken by a person carrying on business as a builder” (section 55(1A)(d))
Whilst I accept that matters can be open to interpretation, the approach being taken by the LPA appears ill conceived in any event. For example, were the application to be amended simply to provide for the storage of the containers and nothing else, with the permission being conditioned to prevent use of the containers, then were a further application made for permit their use; it is my belief that the applicant would be afforded the exception provided by Paragraph 6 of the Regulations:
6. Regulation 3 shall not apply where the local planning authority to whom the application is made are satisfied—
(a) that the application relates solely to the use of a building or other land for a purpose of any class specified in the Schedule to the Town and Country Planning (Use Classes) Order 1987(g);
(b) that the existing use of that building or other land is for another purpose of the same class; and
(c) that the making of an application for planning permission in respect of the use to which the application relates is necessary by reason of (and only by reason of) the requirements of a condition imposed on a permission granted or deemed to be granted under Part 3 of the 1990 Act.
Does anyone have any observations ?
Best wishes
Andrew
