The much-anticipated amendments to Permitted Development Right Class MA were laid before parliament on 13 February 2024 and will come into force on 5 March 2024. 

For any application submitted on or after 5 March 2024, there is now no limit to the floor space that can be converted under Class MA and there is no requirement for the building to be vacant for 3 months.

Government expects that the changes to Class MA will boost the delivery of homes in unused and vacant commercial buildings via the prior approval process, avoiding the need to apply for full planning.

The application for prior approval follows a similar format to previously, requiring the applicant to seek approval from the Council on the issues listed below.

• Transport impacts of the development;
  
• Contamination risks in relation to the building;
• Flooding risks in relation to the building;
• Impacts of noise from commercial premises on the intended occupiers of the development;
• Adequate natural light in all habitable rooms of the dwellinghouses;
• Impact on intended occupiers of the development of the introduction of residential use in an area the authority considers to be important for general or heavy industrywaste management, storage and distribution, or a mix of such uses;
• Loss of services (if a registered nursery, or a health centre maintained under section 2 or 3 of the National Health Service Act 2006);
• Impact on character or sustainability of a conservation area (if sited within one and where development involves a change of use of the whole or part of the ground floor);
• Fire safety impacts on intended occupants (if the building is higher than 18 metres or contains more than 7 storeys above ground). 

The amendments to Class MA provide a welcome opportunity to help boost housing numbers and bring vacant buildings back into use.

JLL’s Planning Team can assist with the preparation and submission of any prior approval notification to a Local Planning Authority. They can advise on whether your property would benefit from Class MA, what information is required for the Local Planning Authority to validate the prior approval submission, prepare statements setting out how the proposals comply with the regulations and conditions set out under Class MA; and manage the prior approval process with the Council through to determination.

To discuss how this update impacts you or any other planning matter, please contact the team.