Utilizing Classes with Expanding Development Rights Through Permitted Use?
Potential Changes to Class MA Permitted Development Rights in the UK
The UK government is considering reforms to Class MA permitted development rights (PDR), which could increase the uptake and effectiveness of these rights for commercial-to-residential conversions. These changes, proposed in the Planning and Infrastructure Bill 2025, aim to address the underuse and low approval rates of PDR.
Class MA currently allows office-to-residential conversions under specific conditions, such as a three-month vacancy period, two years of continuous use as office or Class E, and a floorspace limit of 1,500 sqm. However, these rights have been rarely used, with only 0.04% of planning submissions in 2023–24 being Class MA applications.
The reasons for this low usage include local authority resource constraints, complex regulations, and risk aversion by developers. Recent case law and planning decisions have emphasized the need for strict adherence to the detailed criteria in prior approval, reflecting local impacts and design quality. They also highlight the potential to improve planning certainty through emerging planning reforms and mandatory design codes.
Decisions on related permitted development classes have highlighted the importance of balancing harm to openness and local character, especially in sensitive areas like Green Belt or conservation zones. This balance is crucial, as it indirectly affects Class MA applications if located near such areas.
In the future, the Class MA PDR is likely to feature regulatory reforms that aim to boost usage through clearer design standards and streamlined processes, while maintaining robust controls on location, environmental impacts, and design quality to protect local amenity and planning goals. Current case law stresses the need for detailed local assessment and the limits on physical alterations beyond conversion, with a strong role for local design codes and planning balance considerations.
The next generation of conversions will require more external changes to meet necessary standards, which cannot currently be achieved through PDR alone. For Class MA applications, supporting documents such as a daylight/sunlight assessment, transport statement, flood risk assessment, noise assessment, and impact assessment (for sites within a conservation area) are typically required.
The revolution in permitted development rights began in 2013 with a change to the General Permitted Development Order to address the shortage of homes. Since then, the introduction of Class E and Class MA seems to indicate an increased desire from the government to deliver much-needed housing, especially on central brownfield locations. However, it's important to note that "Brownfield first doesn't mean 'brownfield only'".
The work of Joe Holland and Kelly Sikkema, whose roles or contributions are not specified in the provided text, may have played a part in these developments. The most recent update to the legislation has omitted the 1,500 sqm floorspace threshold and the requirement for a site to have been vacant for a three-month period prior to an application being submitted under Class MA.
In 2015, the permitted development rights to allow offices to be converted to residential use was made permanent. Simultaneous submission of a prior approval application and full planning application for external changes and Class MA change of use has been confirmed as eligible by an appeal decision in 2022.
The potential future changes to Class MA PDR aim to address the local authority development impasse, making life easier for both applicants and councils and avoiding confusion. By streamlining the process and providing more flexibility, these reforms could help to address the chronic underuse and low approval rates of these rights, ultimately contributing to the provision of quality homes, especially on central brownfield locations.
The proposed reforms to Class MA PDR can potentially expand public space in urban areas by encouraging more commercial-to-residential conversions, hence increasing the availability of housing. With a streamlined process and clearer design standards, these changes could also benefit community facilities or public sports centers that could be incorporated into revitalized properties.
In light of the Approach to the Weather and Urbanism report, it's essential to ensure that the enhancements in housing provision through the Class MA PDR policy do not compromise the overall quality of public space and design, maintaining a balance that matches the character of urban districts.
