SCHEDULE 2Permitted development rights
PART 3Changes of use
F1Class MA – commercial, business and service uses to dwellinghouses
Development not permittedMA.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.
Sch. 2 Pt. 3 Class MA inserted (21.4.2021) by The Town and Country Planning (General Permitted Development etc.) (England) (Amendment) Order 2021 (S.I. 2021/428), arts. 1(1), 6 (with art. 15(3))