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Property on Fire Podcast

Class MA – Use Class E to residential

Class MA - commercial, business and service uses to residentialClass MA is a powerful new change of use to go from Use Class E to Residential. It does have a few limitations and conditions which I will go through below. This use class is for any building in the following uses: Shops, Financial and professional services, restaurants and cafes, offices, light industrial, medical or health services, creches, day nursery, indoor sports etc. or indeed anything in Use Class E.

There is a maximum floor space of 1,500 square metres.  So it increases the current limit of 150 sq m in many cases currently tenfold. A big increase!

Any conversions under Class MA must be for residential use only and cannot be converted to an HMO for example. 

This takes effect from 1st August 2021 so do not apply before then otherwise it will be rejected. But certainly start looking now for new opportunities that might exist.

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Must be vacant

One of newer limitations is the requirement for the building to be vacant for a period of 3 months prior to the application for Prior Approval. This means that you will not be able to apply if tenants are occupying the property. I suspect you might need to evidence this if asked. 

 

Date Stamped

As with many other Prior Approvals there is a date stamp under Class MA, but for most of these it is all the way back to 2013 – this has now been updated and is a rolling two year period. It must have been in on of the uses mentioned above or Use Class E for at least 2 years. So if today was 1st May 2022 then it must have been in a required use on 1st May 2020 and so on. 

 

Other Conditions

There are as you might expect a few other conditions that you need to comply with. 

You cannot use Class MA in

But you can do it in a conservation area however if converting the ground floor then an impact assessment will be undertaken.  

Assuming none of the above restrictions affect you, then the local authority will assess the application against Transport & Highways, Contamination, Flood Risk, noise from commercial units affecting residents, natural light to all habitable rooms and if the conversion might affect business or similar area. If the existing use is a registered nursery or health centre then an impact assessment will also take place. 

The application under Class MA has a time limit, like several other prior approvals of 56 days. Once granted you have three years from the date of the prior approval to carry out the works.

Check out other permitted development options on our changes of use page.

Legislation

MA. 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.

Development not permitted

MA.1.—(1) Development is not permitted by Class MA—
(a) unless the building has been vacant for a continuous period of at least 3 months immediately prior to the date of the application for prior approval;

(b) unless the use of the building fell within one or more of the classes specified in sub-paragraph (2) for a continuous period of at least 2 years prior to the date of the application for prior approval;

(c) if the cumulative floor space of the existing building changing use under Class MA exceeds 1,500 square metres;

(d) if land covered by, or within the curtilage of, the building—
(i) is or forms part of a site of special scientific interest;
(ii) is or forms part of a listed building or land within its curtilage;
(iii) is or forms part of a scheduled monument or land within its curtilage;
(iv) is or forms part of a safety hazard area; or
(v) is or forms part of a military explosives storage area;

(e) if the building is within—
(i) an area of outstanding natural beauty;
(ii) an area specified by the Secretary of State for the purposes of section 41(3) of the Wildlife and Countryside Act 1981;
(iii) the Broads;
(iv) a National Park; or
(v) a World Heritage Site;

(f) if the site is occupied under an agricultural tenancy, unless the express consent of both the landlord and the tenant has been obtained; or

(g) before 1 August 2022, if—
(i) the proposed development is of a description falling within Class O of this Part as that Class had effect immediately before 1st August 2021; and
(ii) the development would not have been permitted under Class O immediately before 1st August 2021 by virtue of the operation of a direction under article 4(1) of this Order which has not since been cancelled in accordance with the provisions of Schedule 3.

(2) The classes mentioned in sub-paragraph (1)(b) are the following classes of the Use Classes Order—

(a) the following classes of the Schedule as it had effect before 1st September 2020—
(i) Class A1 (shops);
(ii) Class A2 (financial and professional services);
(iii) Class A3 (food and drink);
(iv) Class B1 (business);
(v) Class D1(a) (non-residential institutions – medical or health services);
(vi) Class D1(b) (non-residential institutions – crèche, day nursery or day centre);
(vii) Class D2(e) (assembly and leisure – indoor and outdoor sports), other than use as an indoor swimming pool or skating rink;

(b) on or after 1st September 2020, Class E (commercial, business and service) of Schedule 2.

 

Conditions
MA.2.—

(1) Development under Class MA is permitted subject to the following conditions.

(2) Before beginning development under Class MA, the developer must apply to the local planning authority for a determination as to whether the prior approval of the authority will be required as to—

(a) transport impacts of the development, particularly to ensure safe site access;

(b) contamination risks in relation to the building;

(c) flooding risks in relation to the building;

(d) impacts of noise from commercial premises on the intended occupiers of the development;

(e) where—
(i) the building is located in a conservation area, and
(ii) the development involves a change of use of the whole or part of the ground floor, the impact of that change of use on the character or sustainability of the conservation area;

(f) the provision of adequate natural light in all habitable rooms of the dwellinghouses;

(g) the 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 industry, waste management, storage and distribution, or a mix of such uses; and

(h) where the development involves the loss of services provided by—
(i) a registered nursery, or
(ii) a health centre maintained under section 2 or 3 of the National Health Service Act 2006, the impact on the local provision of the type of services lost.

(3) An application for prior approval for development under Class MA may not be made before 1 August 2021.

(4) The provisions of paragraph W (prior approval) of this Part apply in relation to an application under this paragraph as if in the introductory words in sub-paragraph (5), for “and highways impacts of the development” there were substituted “impacts of the development, particularly to ensure safe site access”.

(5) Development must be completed within a period of 3 years starting with the prior approval date.

(6) Any building permitted to be used as a dwellinghouse by virtue of Class MA is to remain in use as a dwellinghouse within the meaning of Class C3 of Schedule 1 to the Use Classes Order and for no other purpose, except to the extent that the other purpose is ancillary to the use as a dwellinghouse.”.

 

 

Page updated:  6th April 2021

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