Change Of Use Planning Permission
Introduction
Change of use planning permission is a critical aspect of property development and management, allowing a building or land to be legally used for a different purpose than what it was originally intended for. This guide provides a comprehensive overview of change of use planning permission, detailing what it is, who needs it, and the intricacies of the application process, including steps to take before and after applying.
What is Change of Use Planning Permission?
Change of use planning permission is required when a developer or property owner intends to change the way a building or piece of land is used within the categories defined in planning legislation. These categories, known as ‘use classes’, group different types of uses that buildings or land can be put to, such as residential, retail, commercial, agricultural, and industrial. A change between use classes, or to a use that does not fall within any specific class, typically requires planning permission from the local planning authority (LPA).
Do I Need Change of Use Planning Permission??
Anyone looking to change the use of a building or land that would significantly impact its current use class needs to apply for change of use planning permission. This could include:
- Business Owners and Entrepreneurs:
- Planning to convert a residential property into a commercial space, or vice versa.
- Transforming an existing commercial space to accommodate a different type of business (e.g., a retail store into a restaurant).
- Developers:
- Engaging in projects that repurpose buildings, such as converting warehouses into residential lofts.
- Developing land for a new use that differs from its previous designation, such as turning an old factory site into a mixed-use development.
- Landowners:
- Considering the conversion of agricultural land for residential development or commercial ventures.
- Looking to develop unused land for a specific purpose that differs from its current or zoned use.
- Homeowners:
- Planning to convert a portion of their home for business use, such as a home office that receives client visits, which could change the property’s primary classification.
- Considering transforming their property into short-term rental accommodations, like a bed and breakfast, which involves a commercial aspect.
It’s important to note that some changes of use are permitted under ‘Permitted Development Rights’ and do not require planning permission. However, these rights vary by location and specific circumstances, so it’s always advisable to consult with the LPA or a planning professional.
Understanding Permitted Development Rights
Permitted Development Rights are provisions within the planning system that grant implicit planning permission for specific types of development and changes of use. These rights are designed to reduce the administrative burden on both the planning authorities and applicants for minor or low-impact changes that align with broader planning objectives.
Scope of Permitted Development Rights in Ireland
In Ireland, the scope of Permitted Development Rights is outlined in the Planning and Development Regulations. These rights cover a range of developments, including certain home improvements, agricultural developments, and changes of use within commercial premises. It’s important to note that the specifics of what constitutes permitted development can vary, necessitating a careful review of the regulations and, if necessary, consultation with a planning professional.
Impact on Change of Use Planning Permission
- Simplification of the Process: For changes of use covered under Permitted Development Rights, property owners can proceed without the need to submit a full planning application, simplifying and speeding up the process. This is particularly beneficial for small businesses and homeowners looking to make minor adjustments to their property’s use.
- Specific Categories: In Ireland, certain changes of use within commercial and industrial premises may not require planning permission if they meet specific criteria. For example, changing the use of a building from one type of retail to another, or from an office to a retail space, might fall under Permitted Development Rights, provided there are no external alterations to the building.
- Limitations and Conditions: While Permitted Development Rights offer a streamlined route for certain changes of use, they come with limitations and conditions. For instance, if a proposed change of use involves external modifications to the building, or if the building is located in a protected structure or a designated area (such as an Architectural Conservation Area), planning permission may still be required.
- Prior Notification Procedures: For some types of development that fall under Permitted Development Rights, a prior notification procedure may be required. This involves informing the local planning authority of the proposed change of use, allowing them to assess whether a full planning application is necessary. This process ensures that even minor developments are considered in the context of local planning policies and community interests.
Navigating Permitted Development Rights
Understanding the nuances of Permitted Development Rights and their impact on Change of Use Planning Permission requires careful consideration of the specific regulations and local planning policies. Property owners and developers are advised to:
- Review the Planning and Development Regulations to identify whether their proposed change of use falls under Permitted Development Rights.
- Consider any potential impacts on the local area or community that might necessitate a full planning application, despite the proposed change of use being covered by Permitted Development Rights.
- Consult with planning professionals or the local planning authority if there is any uncertainty regarding the applicability of Permitted Development Rights to their project.
Examples of Change of Use Requiring Permission
- From Residential to Commercial:A homeowner converting their basement into a public yoga studio requires permission due to increased traffic, parking needs, and potential noise implications for the neighbourhood.
- From Commercial to Residential:An entrepreneur purchasing a former factory with the intention of converting it into loft apartments needs permission to ensure the new use complies with residential standards and local housing policies.
- From Agricultural to Commercial:A farmer aiming to transform part of their land into a campsite for tourists needs to obtain permission, ensuring the change aligns with local development strategies and does not adversely affect the rural character or biodiversity.
- Within Commercial Uses: A shop owner deciding to convert their clothing store into a fast-food outlet requires permission due to different impacts on waste management, ventilation needs, and customer turnover.
Before the Application
Research and Consultation
- Understand the Local Development Plan: Familiarise yourself with the local development plan and any area-specific policies that might affect your application.
- Pre-application Advice: Many LPAs offer pre-application advice services. Utilising this service can provide valuable insights into the likelihood of your application’s success and any potential issues.
- Engage with the Community: Early engagement with neighbours and the local community can help identify any concerns and demonstrate your commitment to addressing them.
Preparing Your Application
- Gather Supporting Documents: You’ll need various documents, including a site plan, floor plans, and a statement outlining the proposed change of use and how it aligns with local planning policies.
- Impact Assessments: Depending on the nature of the proposed change, you may need to conduct and submit impact assessments, such as traffic, environmental, or noise impact assessments.
The Application Process
- Submission: Submit your application to the LPA, ensuring all required documents and the correct fee are included.
- Validation: The LPA will check your application for completeness. Once validated, the application will be publicly available for consultation.
- Consultation and Publicity: The LPA will consult with statutory consultees and may publicise the application to invite public comments.
- Assessment: The LPA will assess your application against local planning policies, considering any consultation responses and the potential impacts of the proposed change of use.
- Decision: The LPA will either grant or refuse planning permission. This decision is usually made within eight weeks for minor applications and thirteen weeks for major ones.
After the Application
- If Granted: If planning permission is granted, it may come with conditions that you must comply with. Ensure you understand these conditions and implement any required measures before proceeding with the change of use.
- If Refused: If your application is refused, review the reasons for refusal carefully. You can choose to amend your proposal to address these issues and reapply, or you can appeal the decision to the Planning Inspectorate.
Conclusion
Navigating the change of use planning permission process requires careful planning, thorough preparation, and an understanding of local planning policies. Whether you’re converting a building or repurposing land, obtaining the correct planning permission is crucial for legal compliance and the success of your project. Engaging with planning professionals and the local planning authority early in the process can provide valuable guidance and increase the likelihood of a favourable outcome.
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