Any developers / planners....

[isleofthorns]

My business owns a building that has planning for change of use from a1 to a3, alongside some other changes.

The planning consent has conditions relating to this change; noise, kitchen extraction etc.

Since planning was granted, the classification system has changed such that a1 and a3 are both now covered by the new E class.

I'm interested in still doing the build (which extends the property and adds a new residence above), but not to actually change the use to A3., but rather makes some internal changes to the plans and split into two shops / offices, within the existing use.

Do you think it possible to deal with having the conditions varied / changed using a section 73 application, rather than a full new PP?

thanks

[Keep it stiff]

Perhaps the planning officer would be a better person to ask! But that aside, the consent will have given a commencement by date along with other conditions. If the A1 to A3 and part residential were not conditional upon each other, the commencement date has not passed and assuming there is no other onerous conditionality, why not proceed with one part and not the other? It is quite common for development to be commenced in part simply to cement the consent.

[blueg33]

First question is when was it consented, ie is the consent still valid?

[isleofthorns]

Keep it stiff said:

Perhaps the planning officer would be a better person to ask! But that aside, the consent will have given a commencement by date along with other conditions. If the A1 to A3 and part residential were not conditional upon each other, the commencement date has not passed and assuming there is no other onerous conditionality, why not proceed with one part and not the other? It is quite common for development to be commenced in part simply to cement the consent.

thanks, the delegated officer has since left the council. I could ask someone else to look at it, but they're pretty stretched as is.

two of the conditions say that no development can take place until xyz is done, and those thing relates specifically to the A3 use. ie, I'd have to work on the a3 use before just starting the residential part.

I'm also trying to get my head around the CIL implications.

Planning was given in Nov18, so runs out in nov21. Since Jan 2018 the property has been empty. With the initial CIL, relief was given for the floor space that was in use before that.

I understand if I apply for the section 73, they will redo the CIL, for which I don't have six months lawful use within the last three years. Does this mean they'd want to charge me for the whole building floorspace?

[blueg33]

isleofthorns said:

Keep it stiff said:

Perhaps the planning officer would be a better person to ask! But that aside, the consent will have given a commencement by date along with other conditions. If the A1 to A3 and part residential were not conditional upon each other, the commencement date has not passed and assuming there is no other onerous conditionality, why not proceed with one part and not the other? It is quite common for development to be commenced in part simply to cement the consent.

thanks, the delegated officer has since left the council. I could ask someone else to look at it, but they're pretty stretched as is.

two of the conditions say that no development can take place until xyz is done, and those thing relates specifically to the A3 use. ie, I'd have to work on the a3 use before just starting the residential part.

I'm also trying to get my head around the CIL implications.

Planning was given in Nov18, so runs out in nov21. Since Jan 2018 the property has been empty. With the initial CIL, relief was given for the floor space that was in use before that.

I understand if I apply for the section 73, they will redo the CIL, for which I don't have six months lawful use within the last three years. Does this mean they'd want to charge me for the whole building floorspace?

I think its time for a planning consultant. Equus on here may be good enough to advise. Interpretation of CIL rules seems to vary between authorities.

[Equus]

isleofthorns said:

My business owns a building that has planning for change of use from a1 to a3, alongside some other changes.

...I'm interested in still doing the build (which extends the property and adds a new residence above), but not to actually change the use to A3., but rather makes some internal changes to the plans and split into two shops / offices, within the existing use.

Do you think it possible to deal with having the conditions varied / changed using a section 73 application, rather than a full new PP?

I suspect not... but we'd need to see your actual Planning Approval notice to be able to advise.

The reason I say that I suspect not is that - apart from anything else - a Section 73 (material minor amendment) cannot be used to vary anything that is defined by the scope of the 'description of development' used for the application. This will be fresh in everyone's mind, too, 'cos the Welsh Government, no less, had its arse kicked under a Court of Appeal Judgement a year ago to the day for doing so. Google Finney v Welsh Ministers [2019] EWCA Civ 1868, if you care about the details.

As I understand it (Boris and Bobby have made such a pig's ear of the thing that even professional Planners are struggling to keep pace with the resulting shambles at the moment), the old Use Classes will continue to apply for consents specifically granted under them, and Class E will only be used for new approvals going forward, but that may be academic in your case: if your description of development mentions a Change of Use, my provisional view would be you can't vary the approval by means of a Section 73 in a way that would omit that CoU... but PM me if you want us to look at it more thoroughly and formally.

[isleofthorns]

Thanks Equus

The more I've read online, the more I've reached the same conclusion.

Frankly, it doesn't make any logical sense to me, especially since they're essentially the same thing in planning terms going forward.

As far as I can tell, I need to reapply planning just for the residential aspect, with no change of use to the existing commercial. Although to do this, I'd probably need to ensure both bits are let for at least six months to avoid being stung with a hefty CIL charge.