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‘Protected development’ transitional provision expiring at the end of July 2022

by on July 25, 2022

Changes to legislation that came into force from the start of August 2021 meant that, in a few specific circumstances, what used to be considered eligible as permitted development until the end of July 2021, would no longer be.

In these circumstances, government implemented a provision that classified such proposals as ‘protected development’. This ensured that, for a further year until the end of July 2022, they could continue to be considered eligible for permitted development rights. 

When this period expires, there will be several types of Prior Approval applications affected and we will be taking appropriate action to update the system to account for this. 

The updates will be applied to the online system in the first scheduled release of August 2022. We will also make corresponding changes to our PDF paper forms and website content where required. 

Prior approval application types to be removed 

We will stop the following Prior Approval application being created by removing them from the list of types available: 

  • Application to determine if prior approval is required for a proposed: Change of Use from Shops (Class A1), Financial and Professional Services (Class A2), Betting Offices or Pay Day Loan Shops (Sui Generis Uses) to Assembly and Leisure (Class D2) – ID: 43 
  • Application to determine if prior approval is required for a proposed: Change of Use from Shops (Class A1), Financial and Professional Services (Class A2), Takeaways (Class A5), Betting Offices, Pay Day Loan Shops or Laundrettes (Sui Generis Uses) to Offices (Class B1(a)) – ID: 55 

This is the same approach we took with Prior Approval application types that had previously expired. 

Users with existing applications of this type will see updated warning messages directing them to take appropriate action. However, we are aware that a small number may still be copied and/or submitted after the end of July 2022. In such circumstances they will likely not be accepted by the Local Authority, and users may not be entitled to a refund of any fee paid. 

Prior Approval application types to be updated 

The following application types will no longer be valid for the specific changes of use that were covered by the ‘protected development’ provision (as highlighted below). However, they can still be used for all other eligible proposals: 

  • Application to determine if prior approval is required for a proposed: Change of Use of Agricultural Buildings to a flexible use within Storage or Distribution (Class B8), Hotels (Class C1), Commercial/Business/Service (Class E), or until the end of July 2022, uses previously classified as Assembly and Leisure (Class D2) ID: 45 
  • Application to determine if prior approval is required for a proposed: Change of Use from Commercial/Business/Service (Class E), Hotels (Class C1), Residential Institutions (Class C2/C2A), or until the end of July 2022, uses previously classified as Assembly and Leisure (Class D2) to State-Funded School (Class F1(a)), or until the end of July 2022, a Nursery (previously Class D1(b))ID: 47 
  • Application to determine if prior approval is required for a proposed: Provision of Temporary School Buildings on Vacant Commercial Land and the use of that land as a State-funded School for up to 3 Academic Years – ID: 53 ‘Vacant commercial land’ will no longer cover Local Community, or Sui Generis use previously classified as ‘assembly and leisure’ (e.g. cinemas; concert halls; bingo halls; or dance halls) 

Users with existing applications of this type will see updated warning messages directing them to take appropriate action. If applications for the changes of use that are no longer eligible are submitted, they will likely not be accepted by the Local Authority, and users may not be entitled to a refund of any fee paid. 

Individual questions within these application types will also be updated to remove reference to the ‘protected development’ provisions. Users who previously completed these sections will continue to see them, but they will no longer be shown on new applications. 

Legislative compliance catchup for other Prior Approval application types 

We are also taking the opportunity to update the: 

  • Application to determine if prior approval is required for a proposed: Change of Use from Takeaways, Betting Offices, Pay Day Loan Shops or Launderettes (Sui Generis Uses); or a Mixed Use combining use as a Dwellinghouse (Class C3) with a Betting Office, Pay Day Loan Shop or Launderette (Sui Generis Uses); to Dwellinghouses (Class C3), and for building operations reasonably necessary for the conversion – ID: 42 

This application type was migrated from the previous platform ‘as was’, but can now have sections that are no longer valid safely removed. This will ensure that users who previously completed these sections will continue to see them, but they will no longer be shown on new applications. 

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