Class M – Various uses, such as, launderette, betting office, payday loan shop, hot food takeaway to dwellings
Class M of the General Permitted Development Order (GPDO) offers significant advantages for property owners and developers alike.
This provision allows for the conversion of specific types of commercial properties into residential dwellings without the need for full planning permission.
This streamlined process can save considerable time and resources compared to a traditional planning application, making it an attractive option for many in the property sector.
It provides an opportunity to breathe new life into underused or vacant commercial properties.
To utilise Class M, certain conditions must be met.
The rights apply to buildings that were last used as a launderette, betting office, pay day loan shop, or hot food takeaway, as well as mixed-use properties combining a dwellinghouse with one of these uses (except hot food takeaway).
The cumulative floor space changing use must not exceed 150 square metres, and the building must have been in one of the specified uses on or before 20th March 2013 (or when it was last in use if not in use on that date).
Developers will still need to apply via the 56-day Prior Approval process. This process, while still involving scrutiny, is generally quicker and less complex than a full planning application.
The permitted development rights allow for building operations necessary to convert the property to residential use, but external dimensions cannot be increased.
It's important to note that these rights don't apply to listed buildings, scheduled monuments, or properties in certain designated areas.
Legislation - Class M – certain uses to dwellinghouses
Permitted development by Class M:
M. Development consisting of—
(a) a change of use of a building from—
(i) a use falling within one of the following—
(aa) launderette;
(bb) betting office;
(cc) pay day loan shop;
(dd) hot food takeaway; or
(ii) a mixed use combining use as a dwellinghouse with a use falling within one of the uses mentioned in paragraph (i)(aa), (bb) or (cc) (whether that use was granted permission under Class G of this Part or otherwise);
to a use falling within Class C3 (dwellinghouses) of Schedule 1 to the Use Classes Order; or
(b) development referred to in sub-paragraph (a) together with building operations reasonably necessary to convert the building to a use falling within Class C3 (dwellinghouses).
Development not permitted by Class M if:
M.1 Development is not permitted by Class M if—
(a) the building was not used for one of the uses referred to in Class M(a)—
(i) on 20th March 2013, or
(ii) in the case of a building which was in use before that date but was not in use on that date, when it was last in use;
(c) the cumulative floor space of the existing building changing use under Class M exceeds 150 square metres;
(d) the development (together with any previous development under Class M) would result in more than 150 square metres of floor space in the building having changed use under Class M;
(e) the development would result in the external dimensions of the building extending beyond the external dimensions of the existing building at any given point;
(f) the development consists of demolition (other than partial demolition which is reasonably necessary to convert the building to a use falling within Class C3 (dwellinghouses) of the Schedule to the Use Classes Order); or
(g) the building is—
(i) on article 2(3) land;
(ii) in a site of special scientific interest;
(iii) in a safety hazard area;
(iv) in a military explosives storage area;
(v) a listed building; or
(vi) a scheduled monument.
Conditions
M.2—(1) Where the development proposed is development under Class M(a) together with development under Class M(b), development is permitted subject to the condition that before beginning the development, 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 and highways impacts of the development,
(b) contamination risks in relation to the building,
(c) flooding risks in relation to the building,
(d) whether it is undesirable for the building to change to a use falling within Class C3 (dwellinghouses) of the Schedule to the Use Classes Order because of the impact of the change of use—
(i) on adequate provision of services of the sort that may be provided by a building falling within article 3(6)(c) (launderette) of the Use Classes Order, but only where there is a reasonable prospect of the building being used to provide such services,
(e) the design or external appearance of the building, and
(f) the provision of adequate natural light in all habitable rooms of the dwellinghouses,
and the provisions of paragraph W (prior approval) of this Part apply in relation to that application.
(2) Where the development proposed is development under Class M(a) only, development is permitted subject to the condition that before beginning the development, 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 the items referred to in sub-paragraphs (1)(a) to (d) and (f), and the provisions of paragraph W (prior approval) of this Part apply in relation to that application.
(3) Development under Class M is permitted subject to the condition that—
(a) development under Class M(a), and under Class M(b), if any, must be completed within a period of 3 years starting with the prior approval date;
(b) a building which has changed use under Class M is to be used as a dwellinghouse within the meaning of Class C3 of the Schedule to the Use Classes Order and for no other purpose, except to the extent that the other purpose is ancillary to the primary use as such a dwellinghouse; and
(c) where the proposed development includes a change of use of a building from a use falling within Class A1 or Class A2 of the Use Classes Order, the developer must apply for a determination under sub-paragraph (1) or (2) on or before 31 July 2021.
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