Permitted Development Rights – Class MA

Class MA is a very valuable right for commercial property owners which allows most Class E properties (Commercial properties including Shops, Financial and professional services, Restaurants and cafes, Offices, Light industrial, Medical or health services, Crèches, Day nursery, Gyms etc.) to be converted into residential properties. However, this right does not apply to Houses in Multiple Occupation (HMOs).

The legislation Development consisting of a change of use of a building and any land within its curtilage from a use falling within Class E (commercial, business and service) of Schedule 2 to the Use Classes Order to a use falling within Class C3 (dwellinghouses) of Schedule 1 to that Order.

Permitted development rights are not the same as planning permission; they involve a prior approval process where the change of use is already acceptable in principle. To comply, a prior approval application must be made to the Local Planning Authority. This process is subject to set criteria, including the requirement that the property must have been in Class E use for at least 2 years.

The Local Authority is time-restricted to reply within 56 days of a valid application being submitted, irrespective of when it is validated. There is a small change and a number of conditions, including matters relating to highways, contamination risks, flooding risks and noise impacts. Consideration also needs to be given to the impact on the conservation area, provision of natural light in habitable rooms, impact on occupiers from other industrial uses in the locality and other factors including fire risk, etc.

The right does not extend to additional windows and doors.

Class MA cannot be used in Article 2(3) Land – Areas of Outstanding Natural Beauty (AONB), Special Protection Areas (SPA), the Broads, National Parks, World Heritage Sites, Sites of Special Scientific Interest (SSSI), Safety Hazard Zones, Military Explosives Areas, Listed Buildings and Scheduled Monuments. However, Class MSA can be used in a conservation area, subject to an impact assessment if including the ground floor.

Class MA is an excellent permitted development right to move from Use Class E to residential. A well-prepared application can be easier and cheaper than applying for planning permission.

Merrifields have advised many clients on such rights, so please contact Gordon Ellis for a free initial discussion regarding the suitability of using Class MA on your property.