Permitted Development Rights - Change In Use From Offices To Residential

The Government has announced that at some point in Spring 2013 it will bring into effect a new permitted development ("PD") right, to allow changes in use from Use Class B1(a) (offices) to Use Class C3 (residential), so that there will be no requirement to obtain an express planning permission for such a change in use.

The new PD right will be available for an initial 3 year trial period.

Some local planning authorities ("LPAs") are unhappy with this proposal and the Government has allowed LPAs to seek an exemption from the new PD right. Where an LPA can clearly demonstrate that the exercise of the right would lead to "the loss of a nationally significant area of economic activity" or "substantial adverse economic consequences at the local level which are not offset by the positive benefits that the new right would bring", the Government will grant an exemption. However, it expects to grant such exemptions only exceptionally. Nevertheless, 30 of the 33 London