The Town and Country Planning (General Permitted Development) (England) Order 2015

Class O – offices to dwellinghouses E+W

Permitted development E+W

O.  Development consisting of a change of use of a building and any land within its curtilage from a use falling within Class B1(a) (offices) of the Schedule to the Use Classes Order, to a use falling within Class C3 (dwellinghouses) of that Schedule.

Development not permitted E+W

O.1  Development is not permitted by Class O if—

F1 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) the building was not used for a use falling within Class B1(a) (offices) of the Schedule to the Use Classes Order—

(i) on 29th May 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;

F2 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) the site is, or forms part of, a safety hazard area;

(e) the site is, or forms part of, a military explosives storage area;

(f) the building is a listed building or is within the curtilage of a listed building; or

(g) the site is, or contains, a scheduled monument.

Textual Amendments

F1 Sch. 2 Pt. 3 Class O para. O.1(a) omitted (31.5.2019) by virtue of The Town and Country Planning (General Permitted Development) (England) (Amendment) Order 2016 (S.I. 2016/332), art. 7(2)(iii)

F2 Sch. 2 Pt. 3 Class O para. O.1(c) omitted (6.4.2016) by virtue of The Town and Country Planning (General Permitted Development) (England) (Amendment) Order 2016 (S.I. 2016/332), arts. 1, 7(1)(b)

Conditions E+W

[F3 O.2— (1) Development under Class O 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 on the site,

(c) flooding risks on the site, F4 ...

(d) impacts of noise from commercial premises on the intended occupiers of the development [F5 , and]

[F6 (e) the provision of adequate natural light in all habitable rooms of the dwellinghouses.]

and the provisions of paragraph W (prior approval) apply in relation to that application.

(2) Development under Class O is permitted subject to the [F7 following conditions—

(a) the development must be completed within a period of 3 years starting with the prior approval date; and

(b) the developer must apply for a determination under sub-paragraph (1) on or before 31st July 2021]]

Textual Amendments

F3 Sch. 2 Pt. 3 Class O para. O.2 substituted (6.4.2016) by The Town and Country Planning (General Permitted Development) (England) (Amendment) Order 2016 (S.I. 2016/332), arts. 1, 7(1)(c)

F4 Word in Sch. 2 Pt. 3 Class O para. O.2(1)(c) omitted (1.8.2020) by virtue of The Town and Country Planning (Permitted Development and Miscellaneous Amendments) (England) (Coronavirus) Regulations 2020 (S.I. 2020/632), regs. 1(2), 15(a) (with reg. 27)

F5 Word in Sch. 2 Pt. 3 Class O para. O.2(1)(d) inserted (1.8.2020) by The Town and Country Planning (Permitted Development and Miscellaneous Amendments) (England) (Coronavirus) Regulations 2020 (S.I. 2020/632), regs. 1(2), 15(b) (with reg. 27)

F6 Sch. 2 Pt. 3 Class O para. O.2(1)(e) inserted (1.8.2020) by The Town and Country Planning (Permitted Development and Miscellaneous Amendments) (England) (Coronavirus) Regulations 2020 (S.I. 2020/632), regs. 1(2), 15(c) (with reg. 27)

F7 Words in Sch. 2 Pt. 3 Class O para. O.2(2) substituted (21.4.2021) by The Town and Country Planning (General Permitted Development etc.) (England) (Amendment) Order 2021 (S.I. 2021/428), arts. 1(1), 7 (with art. 15(3))

[F8 Interpretation of Class O E+W

O.3.   For the purposes of Class O, “commercial premises” means any premises normally used for the purpose of any commercial or industrial undertaking which existed on the date of application under paragraph O.2(1), and includes any premises licensed under the Licensing Act 2003 or any other place of public entertainment.]

Textual Amendments

F8 Sch. 2 Pt. 3 Class O para. O.3 inserted (6.4.2016) by The Town and Country Planning (General Permitted Development) (England) (Amendment) Order 2016 (S.I. 2016/332), arts. 1, 7(1)(d)