What is Class MA?
Class MA is a permitted development right that allows the change of use from Class E (commercial, business and service) to Class C3 (dwellinghouses). This provides a streamlined route to convert shops, offices, restaurants, gyms, and other commercial premises into residential accommodation without the need for a full planning application.
March 2024 Amendments
On 5th March 2024, Class MA was amended to remove two key restrictions: the requirement for the building to have been vacant within the last three months, and the 1,500 square metre floorspace limit. These changes significantly expand the scope of buildings that can benefit from this permitted development right.
Prior Approval Considerations
While Class MA is a permitted development right, you must apply for prior approval from the local planning authority. The authority will assess the following matters:
Transport & Highways Impacts
The local authority will consider the impact of the development on traffic generation, parking provision, and access arrangements to ensure adequate transport infrastructure.
Contamination Risks
Assessment of potential land contamination from previous commercial uses and whether remediation measures are required to make the site suitable for residential occupation.
Flooding Risks
Consideration of whether the site is at risk of flooding and what mitigation measures may be necessary to protect future residents.
Noise Impacts
Assessment of noise from commercial premises, including the impact of noise from existing commercial uses in the area on the proposed residential accommodation.
Natural Light
The authority will consider whether the proposed dwellings would have adequate natural light, ensuring habitable rooms receive sufficient daylight for residential amenity.
Fire Safety
Fire safety matters must be addressed, including means of escape, fire detection systems, and compliance with Building Regulations.
Impact on Existing Occupiers
Where heavy commercial uses exist nearby, the impact on the amenity of future occupiers will be considered, including issues such as odour, vibration, and operational hours.
Conservation Area Restrictions
In conservation areas, there are additional considerations for ground floor changes of use. The impact on the character and appearance of the conservation area must be assessed, and prior approval may be refused if the development would harm the special architectural or historic interest of the area.
Loss of Essential Services
Class MA does not apply to buildings used as nurseries or health centres. These essential community services are protected from conversion to residential use under permitted development rights, recognising their importance to local communities.
Key Requirements Summary
- •Building must have been in Class E use for at least 2 years
- •Prior approval application required (56-day determination period)
- •Development must begin within 3 years of prior approval
- •Cannot be used for buildings in Article 2(3) land without additional consent
Please refer to The Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) for the full legislation and limitations regarding Class MA.