Planning Inspectorate refuses conversion under permitted development rights

A recent Planning Inspectorate decision found that a proposed flat conversion fell outside the meaning of “dwellinghouse” and, therefore, could not be carried out under permitted development rights.

Background

As previous articles have discussed, permitted development rights now include the right to convert premises with non-residential uses into dwellinghouses. Although such conversions no longer require a full planning application, a developer must nonetheless secure prior approval from the local planning authority before commencing works. The prior approval process allows planning authorities to determine whether a proposed conversion falls within the permitted development right being relied upon. For example, if a developer seeks to convert an office into a dwellinghouse, the proposed new building must be a dwellinghouse and not a hotel.

The Case

A developer was seeking prior approval to convert a hot food takeaway into three dwellinghouses under Class M permitted development rights.

All three flats were single rooms, ranging between 7.7sqm and 9sqm. Each flat included an elevated bed (with dining space underneath), a small kitchenette and an en-suite bathroom that was separated from the rest of the room by a curtain.

The Decision

After analysing the relevant case law, the Inspector held that an essential characteristic of a dwellinghouse was “its ability to afford those who used it the facilities required for day-to-day private domestic existence”. The proposed flats – lacking a kitchenette sufficiently large to house cooking facilities, a sink and food preparation area – were deemed not to be dwellinghouses. Accordingly, the planning authority were correct to refuse prior approval as the proposed conversion fell outside the permitted development rights.

Conclusion

The Planning Inspectorate’s decision highlights the need for developers to ensure that a proposed development meets the requirements of the specific permitted development right being relied upon. Failure to do so is likely to result in a local planning authority refusing to give the necessary prior approvals.