24 September 2024

Class MA Permitted Development

Class MA Permitted Development rights are highly valuable to developers looking to quickly and cheaply increase the value of a commercial building.

The advantages of Class MA are as follows :

Simplified Planning Process : Developers can bypass the full planning permission process, which is often complex, costly, and time-consuming. This streamlined approach allows them to move forward with projects more quickly. This can reduce delays that can occur in a full planning application for instance.

Lower Costs : Without the need for full planning permission, developers save on application fees, consultant costs, and legal expenses. This financial benefit makes property development more affordable, increasing the potential return on investment (ROI).

Increased Development Opportunities : Class MA allows developers to repurpose a wider range of commercial properties into residential units. As a result, developers can capitalize on the opportunity to convert underused or vacant buildings. These may be cheaper to acquire, and convery to profitable housing projects.

Faster Project Turnaround : The ability to quickly convert commercial properties into residential use without full planning permission means that developers can complete projects faster, reducing holding costs and generating revenue sooner through sales or rental income.

Maximizing Property Value : By converting commercial properties into residential units, developers often increase the overall value of the property. This is especially so in areas where demand for housing is higher than demand for commercial space.

Less Risk : With fewer hurdles to clear in the planning process, developers face less uncertainty about whether a project will be approved. This reduced risk can make development projects more appealing and less risky financially.

What are Class MA Rights?

Class MA Permitted Development is a planning regulation that allows certain properties within Use Class E (which covers a wide range of commercial, business, and service uses) to be converted into residential use (Use Class C3) without the need for a full planning application.

This class falls under permitted development rights. Which means the change of use is automatically granted, provided certain conditions and limitations are met.

What do Class MA Permitted Development Rights Apply to?

This change of use is for any building in the following uses : Shops, Financial and professional services, restaurants and cafes, offices, light industrial, medical or health services, creches, day nursery, indoor sports etc. or indeed anything in Use Class E.

The latest changes came in the form of the Town and Country Planning (General Permitted Development) (England) (Amendment) Order 2024 [SI 2024 No. 141]. This came into force on 5 March 2024.

For any application submitted on or after 5th March 2024, there is now no limit to the floor space that can be converted under Class MA. There is also no requirement for the building to be vacant for 3 months.

Class MA Permitted Development – How we can help

The new permitted development right allows most properties classified under Use Class E to be converted into residential use. However, there are several conditions to consider :

• Adequate natural light in all habitable rooms

• Fire Safety (if higher than 18m or 7 storeys)

• National Space Standards

• Flood Risk

• Contamination Risk

• Conservation Area Impact

• Transport impact of the new development

• Noise impact on future occupiers

• Suitability for use as housing if in an area of heavy industry, waste management, storage and distribution

---

Class MA Permitted Development & Adequacy of Natural Light

With the most experienced team of specialist natural light surveyors in the UK, since the 2024 update to the Class MA conversion rights, Anstey Horne’s expertise is increasingly in demand to demonstrate adequacy of natural light for Class MA PD applications.

When considering natural light from a Class MA perspective, there is no specific criteria referenced on the light levels within the converted residential use.

It simply stipulates “the provision of adequate natural light in all habitable rooms”.

We undertake analysis with reference to the Building Research Establishment (BRE) Report 209, ‘Site Layout Planning for Daylight and Sunlight: A guide to good practice’. This guide is used for assessing daylight and sunlight levels for full planning applications.

We work alongside the project architect to create a 3D model and run an assessment of the BRE tests for Target Illuminance, Daylight Factor and Sunlight Exposure and prepare a report to support the change of use.

Ensuring Class MA Adequacy of Natural Light

If the natural light levels are low, we recommend the following :

Design changes

Whilst design changes to increase natural light are inevitably much more limited on a prior approval schemes, we look at optimising the levels by:

• relocating or reconfiguring certain rooms to maximise the light that is available along the main window walls
• reducing some of the room areas, usually living, kitchen diners
• revisiting some of the window design and configurations

---

Precedents for Class MA Conversions within the Local Planning Authority

The approach to natural light in the context of Class MA will vary from one Local Planning Authority (LPA) to another. If the results from the initial assessment do not satisfy the BRE Guidelines, then we recommend researching recent successful prior approval applications where comparable natural light levels with identified.

Analysing the natural light levels elsewhere in building

If part of the building is already in residential use, then it can be helpful to run an assessment of those units to support the natural light levels identified. This can often be helpful when the change of use is at ground floor level, but the floors above are already in residential use.

Contextual Analysis of Light

Understanding the existing natural light levels for residential use in the surrounding area can assist in establishing local context daylight and sunlight values. This assessment can be useful to encourage the LPA to the view that the natural light levels in the Class MA conversion will be comparable to those being enjoyed in residential units nearby.

Contact

For more advice on how we can help support your Class MA Permitted Development approval application with an assessment of natural light, please give us a call.

If you would rather we contacted you please fill in our Contact Form and we will be in touch.

Daylight & Sunlight Services