“Some classes of permitted development rights (PDRs) were intended to be temporary and included what is known as a “sunset clause” so that they automatically expired after a certain date. That was true of the class P right that permitted the change of use of class B8 (storage and distribution) buildings to residential use and which has already expired. Another PDR that is due to expire as a result of a sunset clause is class PA which allows the change of use of class B1(c) (light industrial) buildings to dwellings”, advises Brian Dinnis of Acorn Rural Property Consultants.
“Class PA applies to all buildings that were in light industrial use on or before 19 March 2014 and where prior approval for the change of use to residential is granted before 1 October 2020. There are other conditions and restrictions although, unlike the class Q PDR, class PA does apply in national parks and areas of outstanding natural beauty”, continues Dinnis.
“It is important to note that the test of whether or not a building is in any particular use on a certain date does not mean that it actually has to be in use on the relevant date and empty and unused buildings do qualify as long as the last use was light industrial”, clarifies Dinnis, and says that, as long as they were in the qualifying use on the relevant date, Class PA applies to all buildings that either had planning permission for B1(c) light industrial use or, if they did not have permission for that use, have actually been in light industrial use for at least 10 years. “That may therefore include some agricultural buildings that have been let out for business purposes but without obtaining planning consent”, adds Dinnis.
“There is currently no indication that the class PA PDR will be extended beyond 1 October 2020 and, given the time involved in preparing and submitting a prior approval application, all owners of light industrial buildings who would like to make use of this PDR should get on with it as soon as possible”, concludes Dinnis.
For further information please contact Brian Dinnis on 01884 212380 or at briandinnis@acornrpc.co.uk .
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