Article 4 directions withdrawing Class MA permitted development rights

The Town and Country Planning (Use Classes) Order 1987 (“the UCO”) groups different uses of buildings and other land into use classes. 

Changes to the UCO were introduced on 1 September 2020 and included the introduction of a new ‘Class E’.  For information about uses that now fall within Class E, see The Town and Country Planning (Use Classes) (Amendment) (England) Regulations 2020.

On 30 March 2021 the government amended the General Permitted Development Order (GPDO) to introduce a new ‘Class MA’ permitted development right allowing changes of use from a use falling within commercial, business and service (Class E) to residential. This means that provided the requirements and conditions of Class MA are satisfied, it is possible to make a change of use from a Class E use to a Class C3 use without the need to apply to the local planning authority for planning permission. This permitted development right became available from 1 August 2021.

The Council made and confirmed three non-immediate Article 4 directions withdrawing Class MA permitted development rights in parts of the borough. These came into force on 1 August 2022. However, the Secretary of State for Levelling Up, Housing and Communities has made directions for the modification of these Article 4 directions, exercising the powers conferred by paragraph 13 of Schedule 3 of the GDPO.

The three Modified Directions came into force on 28 October 2022.

The modified Article 4 directions withdraw Class MA permitted development rights within the following locations:

  • Modified Direction 1 – Selected areas within the London Plan Central Activities Zone as it relates to Lambeth
  • Modified Direction 2 – Selected Key Industrial and Business Areas not falling within the Brixton Creative Enterprise Zone or the Central Activities Zone or parts thereof, and selected areas within the West Norwood Creative Business Cluster
  • Modified Direction 3 – Town centre locations including selected areas within the Brixton Creative Enterprise Zone, selected areas within Streatham town centre, Clapham High Street primary shopping area and nine office locations in and around Clapham High Street town centre, and the West Norwood/Tulse Hill primary shopping area

Information on the original three non-immediate Article 4 Directions prior to modification by the Secretary of State can be accessed on the Making and Confirmation of Article 4 directions withdrawing Class MA permitted development rights page.