Permitted Development Rights and the Living Sector

Despite the need for prior approval, Class MA can be an incredibly useful tool for those in the residential development sphere - but PDRs will not always be available. The local planning authority can issue an “Article 4 direction” that all or part of a PDR does not apply to a particular area. Developers looking to convert office buildings into residential could be concerned that such a direction could be made during the course of their purchase and/or subsequent planning/development process. An authority can issue such a direction at any time – the authority would draft, make, publicize and confirm the direction, and then it would take effect. Local planning authorities will typically publish their intention to make an Article 4 direction at least 12 months ahead of the direction taking effect (there is a quicker way of issuing article 4 directions but this is rarely relied upon by authorities as they will be at risk of compensation claims if they fail to give at least 12 months’ notice of a direction.) If an Article 4 direction takes effect, you can still rely on the relevant PDR provided that: (i) you obtained prior approval before the direction took effect, and (ii) you complete the works within three years of your prior approval date. However, if an Article 4 direction is confirmed before prior approval is obtained (whether this is before or after submission of your application), you could not rely on the PDR. Article 4 directions generally apply to particular areas rather than entire boroughs or districts. For example, the plan produced of Westminster City Council’s administrative area shows specific streets and developments shaded red to demonstrate the specific areas which are covered by their most recent Article 4 direction relating to Class MA.