Change of Use - multiple uses? - Public forum - Planning Advisory Service (PAS)
Change of Use - multiple uses?
Nick Scott, modified 7 Years ago.
Change of Use - multiple uses?
New Member Posts: 2 Join Date: 14/12/16 Recent PostsAs a first time poster i hope someone can help me!?
Between 2005 and 2010 i submitted many applications in the north west of england for changes of use whereby a range of uses were sought.
For example a change of use of town centre retail unit from A1 to A1/A2/A3 and / or A5.
I am certain as of 2010, there was legislation to support suchs applications because in many instances i had to justify the proposal by emailing the LPA the relevant regs...
In 2010 i moved to New Zealand and now i am back in the UK, i see that significant changes have been made to the Use Classes Order etc...
I currently do not have access to planning encyclopedia, and cannot find the section from the regs i need to support such an application.
Can anyone please point me in the right direction and tell me where to find it? Or has this loophole now been closed off?! From reviewing the amendments that have occured since 2010 i can't see anything relating to this matter!
I'm pretty sure it is acceptable to apply for a variety of uses for the same unit, under the same application, however i just can't find the justification :(
Please help! Thanks!
Nigel Hancock, modified 7 Years ago.
RE: Change of Use - multiple uses?
New Member Posts: 14 Join Date: 19/10/11 Recent PostsAs far as I know this provision is contained within the 2015 General Permitted Development Order which states in Class V of Part 3 (Changes of use):
Class V – changes of use permitted under a permission granted on an application
Permitted development
V. Development consisting of a change of use of a building or other land from a use permitted by planning permission granted on an application, to another use which that permission would have specifically authorised when it was granted.
Development not permitted
V.1 Development is not permitted by Class V if—
(a) the application for planning permission referred to was made before 5th December 1988;
(b) it would be carried out more than 10 years after the grant of planning permission;
(c) the development would consist of a change of use of a building to use as betting office or pay day loan shop; or
(d) it would result in the breach of any condition, limitation or specification contained in that planning permission in relation to the use in question.
To my mind this allows a permission to be granted for a range of uses but whatever the use is after 10 years following the grant of PP would become the lawful use and the permission would not authorise further material changes because of clause (b).
Is this what you used to use, it used to be Part 3 Class E in the GPDO 1995?
Nick Scott, modified 7 Years ago.
RE: Change of Use - multiple uses?
New Member Posts: 2 Join Date: 14/12/16 Recent PostsThank you!
The 10 year element is certainly a component of what i recall from 2010 however i'm not quite sure this is what i used in defence last time.
Either way, i think your suggestion is certainly valid, so i will suggest this in the first instance.
Thank you for your help!