Permitted development rights used to gain permission for a B8 storage building in Suffolk to a residential use

14th February, 2019 by Acorus in General

Permitted development allowing various buildings to be converted to residential has opened up a range of opportunities.

However, sometimes the rules of such schemes can be restrictive but nevertheless the principle can be applied to a planning application.

Our client owned a building that had been used for storage and distribution (B8 Use Class) although there was no specific planning permission.  Class P of the General Permitted Development Order allows the conversion of B8 buildings with planning permission to residential.  The permitted development does not however include building works, i.e. inserting windows and doors.

In the case in question in Suffolk, Acorus prepared a planning application instead using the argument that the building had a permitted use as B8 and that a Certificate of Lawfulness could be obtained and therefore it would be eligible for permitted development.

The planning application however was a much more useful vehicle as it allowed all the arguments to be incorporated in one application.  The scheme went to committee but was granted unanimously.

The property is already on the market with Sheridans Estate Agents in Bury St Edmunds.

For further advice please contact:

Brian Barrow  BSc (Hons), MRICS
Rural Planning Director 

Informative

The Town and Country Planning (General Permitted Development) (England) Order 2015 came into force on the 15 April 2015 and has been amended as of April 2018. The Order has updated and reclassified the Permitted Development Rights under Schedule 2 Part 3 (i.e. Changes of Use).


Class P allows for development consisting of a change of use of a building and any land within its curtilage from a use falling within Class B8 (Storage or distribution centre) to a use falling within Class C3 (dwellinghouses).

For more details refer to the following Class P information sheet.

A Certificate of Lawfulness of Existing Use or Development (CLEUD) is a certificate which can be obtained from the Local Planning Authority (LPA) which if granted will prevent enforcement by that Authority against any breach of planning permission or condition.     

For more details refer to the following Lawful Development Certificate information sheet.

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