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Q&As
Does a property need outdoor space to be granted change of use to a residential dwelling?
Does a change of use from non-residential to a dwelling require amenity space or garden? The proposal is within an existing residential area with on street parking and municipal waste collection, but no land attached that could be used as a garden. It seems that there are contradictory outcomes in the immediate location. An old chapel with no land was given permission to convert to a four-bedroom house, but a redundant building on the same street (also with no land) was rejected as not being feasible for conversion to a two-bed house.
One Answer
Hi Gillian,
The best way to get a change of use from non-residential to residential without providing any outdoor amenity space (such as a garden, balcony or roof terrace) is to take advantage of permitted development rights. Class MA, for example, allows the conversion of various types of commercial buildings into flats or houses. You must apply for prior approval before starting work but there is no requirement for outdoor space to be provided.
If you cannot take advantage of permitted development rights (because your site or project does not meet the various criteria), then you will need to apply for full planning permission.
The first thing to work out is whether outdoor space is required by local planning policies. Councils have their own individual requirements, published in their local plans. You can look them up on the council’s website.
Even if there is a requirement for outdoor space in the local plan, the case officer might overlook this deficiency when weighing up the benefits of the application overall. If your proposal makes better use of derelict building, for example, or if the area has a severe housing shortage, the planners might decide that an exception can be made to their usual requirements for garden or balcony. It will also help if the new dwelling is smaller and therefore less likely to accommodate a family, or if the site is located close to a park or other public open space.
Best of luck with you project plans,
Martin Gaine (Build It’s planning expert)