My book, A Practical Guide to Permitted Changes of Use has now been published, and pre-ordered copies are now being distributed by post. The digital version of the book will also be available this week. We are holding the pre-publication price for direct orders for a further week, until 13 November. After that, the price will be £40.
Advance orders have exceeded all expectations, and about two-thirds of the original print run has already been sold. An early reprint is on the cards.
Readers who have not yet made up their mind to buy a copy of the book may find it helpful to have a note of the book’s contents, and so I am reproducing below the complete Table of Contents.
CHAPTER 1
GENERAL INTRODUCTION
1.1 Development orders – an overview
1.2 Loss or removal of permitted development rights
1.3 Changes of use under Part 3
1.3.1 The physical extent of changes of use permitted by Part 3
1.3.2 Commencement and completion of the permitted development
1.4 Temporary uses under Part 4
1.5 Caravan sites and recreational uses under Part 5
1.6 Saving provisions in respect of the 1995 Order
Table 1: Changes of use permitted by Part 3
Table 2: Changes of use permitted by Part 4
Table 3: Changes of use permitted by Part 5
CHAPTER 2
CHANGES OF USE TO / FROM SHOPS OR ‘RETAIL’ SERVICES
2.0 Preliminary note
2.1 Changes of use to and from use as a shop
2.1.1 Change of use from a catering use to use as a shop
2.1.2 Change of use from ‘retail services’ to use as a shop
2.1.3 Change of use of an agricultural building to use as a shop
2.1.4 Change of use from a shop to other uses
2.2 Changes of use to or from ‘retail services’
2.2.1 Change of use from catering use to ‘retail services’
2.2.2 Change of use of shop to ‘retail services’
2.2.3 Change of use of betting office / pay day loan shop to ‘retail services’
2.2.4 Change of use of agricultural building to ‘retail services’
2.2.5 Changes of use from ‘retail’ services to other uses
2.3 Flats above shops or ‘retail services’
2.3.1 Change of use to shop plus flat(s)
2.3.2 Reversion of part residential use to shop
2.3.3 Change of use of shop to ‘retail services’ plus flat(s)
2.3.4 Partial residential conversion from ‘retail services’
2.3.5 Change of use of shop and flat(s) to ‘retail services’
2.3.6 Reversion of part residential use to ‘retail services’
2.3.7 Conditions applying to changes of use under Class G
2.3.8 Development not permitted by Class H
CHAPTER 3
CHANGES OF USE TO AND FROM CATERING USES
3.1 Change of use of pub, bar or hot food take-away to café or restaurant
3.1.1 Change of use involving a pre-2005 A3 use
3.1.2 Change of use involving a post-2005 A3 use
3.1.3 Restrictions on changes of use from Use Class A4
3.2 Change of use from Use Class A1 or A2 (etc.) or Casino to Café or Restaurant
3.2.1 The development permitted
3.2.2 The qualifying use
3.2.3 Exclusions
3.2.4 Floorspace limit
3.2.5 Prior approval
3.2.6 Commencement
3.3 Other changes of use to café or restaurant
3.4 Changes of use from catering uses to other uses
CHAPTER 4
CHANGES OF USE TO AND FROM OTHER COMMERCIAL AND INSTITUTIONAL USES
4.1 Changes of use to and from a business, industrial or storage use
4.2 Changes of use to and from use as a hotel or guest-house, etc.
4.3 Changes of use to and from use as a residential institution
4.4 Changes of use to and from Use Class C2A
4.5 Change of use from Casino or Amusements to other uses
4.6 Temporary changes of use
4.7 Changes of use between flexible uses
CHAPTER 5
CHANGES OF USE TO AND FROM RESIDENTIAL USE
5.0 Preliminary note
5.1 Changes of use between single dwelling and house in multiple occupation
5.2 Residential conversion of a shop or from financial or professional services
5.2.1 The development permitted
5.2.2 The qualifying use
5.2.3 Exclusions
5.2.4 Floorspace limit
5.2.5 Limits on building operations
5.2.6 Prior approval
5.2.7 Commencement and completion
5.2.8 Exclusion of permitted development under Part 1
5.2.9 Other permitted development that may be possible
CHAPTER 6
RESIDENTIAL CONVERSION OF AMUSEMENT ARCADE OR CENTRE OR CASINO
6.1 The development permitted
6.2 The qualifying use
6.3 Exclusions
6.4 Floorspace limit
6.5 Limits on building operations
6.6 Prior approval
6.7 Commencement and completion
6.8 Exclusion of other permitted development
CHAPTER 7
RESIDENTIAL CONVERSION OF COMMERCIAL OFFICES
7.1 The development permitted
7.2 Qualifying office use
7.3 Exclusions
7.4 Prior approval
7.5 Commencement and completion
7.6 Permitted development within the curtilage under Part 1
7.7 Proposed changes to Class O
CHAPTER 8
RESIDENTIAL CONVERSION OF ‘STORAGE OR DISTRIBUTION CENTRE’
8.1 The development permitted
8.2 Restricted curtilage
8.3 Qualifying storage use
8.4 Exclusions
8.5 Floorspace limit
8.6 Prior approval
8.7 Commencement and completion
8.8 Exclusion of other permitted development
CHAPTER 9
RESIDENTIAL CONVERSION OF AN AGRICULTURAL BUILDING
9.1 The development permitted
9.2 Restricted curtilage
9.3 Qualifying agricultural use
9.4 The definition of “agriculture” and “agricultural use”
9.5 Exclusions
9.6 Limits on numbers and floorspace
9.7 Limits on building operations
9.8 Prior approval
9.9 Commencement and completion
9.10 Exclusion of other permitted development
CHAPTER 10
CHANGE OF USE TO USE AS A STATE-FUNDED SCHOOL OR REGISTERED NURSERY
10.1 Change of use of various commercial premises
10.1.1 The development permitted
10.1.2 Exclusions
10.1.3 Restrictions on further changes of use
10.1.4 Prior approval
10.1.5 Operational development
10.1.6 Commencement and completion
10.1.7 Change of use back to previous use
10.2 Change of use of an agricultural building
10.2.1 The development permitted
10.2.2 Restricted curtilage
10.2.3 Qualifying agricultural use
10.2.4 Exclusions
10.2.5 Floorspace limit
10.2.6 Prior approval
10.2.7 Commencement and completion
10.2.8 Restrictions on further changes of use
10.2.9 Operational development
10.2.10 Exclusion of permission for further agricultural buildings
CHAPTER 11
CHANGES OF USE TO AND FROM USE FOR ASSEMBLY AND LEISURE
11.1 The development permitted
11.2 The qualifying use
11.3 Exclusions
11.4 Floorspace limit
11.5 Prior approval
11.6 Commencement and completion
11.7 Operational development
11.8 Changes of use from use for assembly and leisure
CHAPTER 12
FLEXIBLE USES
12.1 Changes of use within the terms of a flexible planning permission
12.2 Change of use of an agricultural building to a flexible use
12.2.1 The development permitted
12.2.2 Restricted curtilage
12.2.3 Qualifying agricultural use
12.2.4 Exclusions
12.2.5 Limits on floorspace
12.2.6 Exclusion of building operations
12.2.7 Prior approval
12.2.8 Commencement and completion
12.2.9 Exclusion of other permitted development
CHAPTER 13
PRIOR APPROVAL APPLICATIONS
13.0 Introductory note
13.1 The nature of a prior approval application
13.2 Form of application
13.3 Application in respect of building or other operations
13.4 Written description of the development
13.5 Plans and other drawings
13.5.1 Drawings of proposed building works
13.6 Other information
13.7 Application fees
CHAPTER 14
PROCESSING AND DETERMINING THE PRIOR APPROVAL APPLICATION
14.1 Request for further information
14.2 Invalid applications
14.3 Consultations
14.4 Determining the prior approval application
14.4.1 Transport and highways
14.4.2 Contamination risks
14.4.3 Odour impacts
14.4.4 Impacts of waste storage and handling
14.4.5 Opening hours
14.4.6 Air quality
14.4.7 Noise
14.4.8 Light impacts
14.4.9 Flooding risks
14.4.10 Retail and similar impacts
14.4.11 Rural development policy
14.4.12 Design issues
14.4.13 Consideration of responses to consultations
14.4.14 The National Planning Policy Framework
14.4.15 The Development Plan
14.4.16 Other considerations
14.4.17 Human rights
14.5 Conditions
14.6 Planning obligations
14.7 Community Infrastructure Levy
14.8 Appeals
14.9 Lawful Development Certificate
14.10 Carrying out the development
CHAPTER 15
THE 56-DAY RULE
15.0 Preliminary note
15.1 General approach
15.2 Commencement of the 56-day period
15.3 Extending the 56-day period
15.4 Has the application actually been determined?
15.5 Notifying the applicant of the authority’s decision
15.6 Commencement of development in default of notification of a decision
CHAPTER 16
TEMPORARY USE OF OPEN LAND
16.1 The scope of the temporary use permitted
16.2 The temporary nature of the permitted change of use
16.3 Reversion to normal use of the land
16.4 Moveable structures
CHAPTER 17
TEMPORARY CHANGES OF USE OF VARIOUS BUILDINGS
17.1 Temporary use as a state-funded school
17.1.1 The development permitted
17.1.2 Exclusions and other conditions
17.1.3 Operational development
17.2 Temporary use of various business premises
17.2.1 The development permitted
17.2.2 Exclusions, restrictions and other conditions
CHAPTER 18
TEMPORARY USE OF BUILDINGS OR LAND FOR FILM-MAKING
18.1 The development permitted
18.2 Exclusions and restrictions
18.3 Prior approval
CHAPTER 19
TEMPORARY USE AS A CARAVAN SITE
19.1 The scope of the temporary use permitted
19.2 The definition of “caravan site” and “caravan”
19.3 Cessation of the temporary use
19.4 Caravans within the curtilage of a dwellinghouse
19.5 Temporary caravan camping on a small site
19.6 Temporary caravan camping on larger sites
19.7 Temporary caravan camping by exempted organisations
19.7.1 Certification of exempted organisations
19.8 Temporary accommodation for agricultural or forestry workers
19.9 Temporary accommodation for workers on building and engineering sites
19.10 Travelling showmen’s sites
19.11 Power to withdraw certain exemptions
CHAPTER 20
OTHER CAMPING AND RECREATIONAL USES
20.1 Use for camping and recreation by certain organisations
20.2 Other camping uses
APPENDIX A
LOSS OR REMOVAL OF PERMITTED DEVELOPMENT RIGHTS
A.1 The pre-existing use
A.2 Loss or abandonment of the pre-existing use
A.3 Continuation of the pre-existing use
A.4 Unlawful buildings and uses
A.5 Removal of permitted development rights by condition
A.6 Planning obligations under section 106
A.7 Restrictive covenants
A.8 Article 4 Directions
A.9 Revocation or amendment of a development order
A.10 Exclusion of permitted development by the GPDO itself
A.11 Development requiring an Environmental Impact Assessment
A.12 Change of use after only a brief period of existing use
APPENDIX B
THE PLANNING UNIT AND THE CONCEPT OF ‘CURTILAGE’
B.1 The Planning Unit
B.1.1 The planning unit created by a planning permission
B.1.2 The rule in Burdle
B.1.3 The ‘agricultural unit’
B.2 The ‘curtilage’ of a building and its significance in planning terms
B.2.1 The definition of ‘curtilage’
B.2.2 The curtilage of a listed building
B.2.3 Other buildings attached to a listed building
B.2.4 Extension of the curtilage
B.2.5 References to ‘curtilage’ in Parts 3, 4 and 5 of Schedule 2 to the GPDO
APPENDIX C
THE USE CLASSES ORDER
C.1 Specific exclusions from the Use Classes Order
C.2 Mixed uses
C.3 Physical and legal extent of uses within the UCO
C.4 The Use Classes
I fear this blog has become rather narrowly focused on permitted changes of use in recent weeks but, now that my book has been published, I hope to get back to other aspects of planning law in future posts. I will start by taking a look at the Housing and Planning Bill in the near future.
© MARTIN H GOODALL
0 comments:
Post a Comment