[F1Development not permittedE+W
MA.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.]
Textual Amendments
F1Sch. 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))