Class MA scope + qualifying criteria + Article 4 restrictions
The Town and Country Planning (General Permitted Development) (England) (Amendment) Order 2021 introduced Class MA Part 3 GPDO in force 1 August 2021 — replacing the narrower Class O (office-only PD 2013) with broader Class E (commercial/business/service) → C3 residential prior approval. Qualifying Class E uses: (a) shops + retail; (b) cafés + restaurants; (c) offices; (d) light industrial; (e) gyms, indoor sports + recreation; (f) creche + day nurseries + day centres; (g) medical/health services (clinics, dentists, GP surgeries). Qualifying criteria — building must satisfy all: (1) Class E use immediately before application — 2 years continuous Class E use prior to application date (continuity proven via business rates records, lease history, planning history, occupier statements); (2) Vacant 3 months before application — vacancy continuity proven via utility bills, marketing evidence, council tax records; (3) Floor area cap 1,500m² gross internal — measured externally less floor structure but not less external walls (RICS Code of Measuring Practice 6th Ed). Cap applies per planning unit/building — multi-block sites may submit per-block; (4) Not within listed building curtilage or scheduled monument; (5) Not within Sites of Special Scientific Interest, AONB, National Park, World Heritage Site or conservation areas (in some local authorities — but Class MA does apply within conservation areas unless removed by Article 4); (6) Not safety-hazard area or military explosives storage zone. Excluded uses: pubs (Class A4/sui generis), hot food takeaway (Class A5/sui generis), launderettes, betting shops, cinemas, hotels — all require full planning (or Class G + other classes apply). Article 4 directions removing Class MA — as of 2026 around 25–30 London boroughs have made Article 4 directions removing or restricting Class MA over part/all of their administrative area, including Westminster (West End + Mayfair + St James's full removal), Kensington and Chelsea (borough-wide removal), Camden (Town Centres + employment zones), Islington (Town Centres + employment), Hackney (Town Centres + Dalston + Shoreditch employment), Tower Hamlets (Town Centres + Brick Lane + Whitechapel), Lambeth (Brixton + Stockwell), Southwark (Bermondsey + Walworth Town Centres), Hammersmith & Fulham (Town Centres + offices), City of London (entire borough), Lewisham (Lewisham Town Centre + Catford), Newham (Stratford Town Centre + employment), Brent (Wembley + Town Centres). Article 4 removal means full planning required not prior approval. Always check borough Article 4 register + LandInsight + LandTech + LPA planning policy map before assuming Class MA available. Failure to check = wasted £258 prior approval fee + ~£3,500 prior approval consultancy + 8-week determination period.
Class MA prior approval process + cost + timeline + refusal grounds + Builderr workflow
Process — 8-week prior approval statutory determination period. Submit Form Application for Prior Approval (PA) to LPA with: (1) Application fee £258 (2026 increase from £125 since April 2023); (2) Site location plan 1:1250 + block plan 1:500; (3) Existing + proposed floor plans 1:100 + elevations; (4) Class E use evidence (lease + business rates + planning + occupier statement) — Builderr standard 4-page Class E use statement; (5) Vacancy evidence 3 months (utility + council tax + marketing); (6) Flood risk assessment if Flood Zone 2/3 (Environment Agency Flood Map for Planning); (7) Contamination report if previous industrial/commercial use with contamination risk (often Phase 1 desktop sufficient — Builderr uses Lustre Consultancy or Soiltechnics); (8) Noise impact assessment if site within 200m of A-road, railway, industrial use, music venue, pub — typically WSP, Hoare Lea, RPS; (9) Transport statement if 5+ units — TRICS data + parking + cycle + servicing; (10) Natural light report — sole new requirement post-Levelling Up + Regeneration Act 2023 amendments since 6 April 2024 — every habitable room (bedroom, living room, kitchen-dining) must have adequate natural light — BRE 209 daylight + sunlight method or BS EN 17037 — single-aspect rooms below 25th percentile daylight factor + windowless rooms = refusal grounds; (11) NDSS compliance schedule — Nationally Described Space Standards (DCLG 2015) per dwelling minimum: 1-bed 1-person 39m² / 1b2p 50m² / 2b3p 61m² / 2b4p 70m² / 3b4p 74m² / 3b5p 86m² + ceiling height 2.3m + storage 1.5–3.5m²; (12) Fire safety statement for buildings 18m+ (Class MA HRB Building Safety Act 2022 overlap — also requires BSR Gateway approvals). LPA consultation 21 days statutory + 21-day publicity period. Refusal grounds limited to: (a) flood risk; (b) contamination; (c) noise impact; (d) transport + servicing; (e) natural light inadequate; (f) NDSS non-compliance; (g) loss of last shop in essential local services area (rural only); (h) intensification near hazardous installation. NOT a refusal ground: design, density, affordable housing, character/conservation, employment land protection (these would apply under full planning — hence Article 4 use). If LPA fails to determine within 8 weeks = deemed grant on same terms as applied for (s60 GPDO). Typical Builderr Class MA fee + cost: £258 prior approval fee + £3,500–£7,500 consultancy (planning consultant + planning statement + Class E use statement + NDSS schedule + flood + noise + contamination + natural-light report) + £450 Class E use evidence assembly + Hoare Lea/RPS daylight report £950–£1,650 + noise report £1,250–£2,500. Refusal rate London 2024: 22–28% across 32 boroughs (Department for Levelling Up, Housing and Communities statistics) — natural-light refusals account for 40% post-April 2024; NDSS refusals 25%; noise/contamination 20%; flood 10%; transport 5%. Builderr workflow: (1) Pre-application desktop assessment (Article 4 + Flood Map + contamination history + Class E use evidence + listed/CA check) £450; (2) Daylight feasibility (BRE 209 + BS EN 17037 + single-aspect risk assessment) £950; (3) NDSS layout feasibility (Builderr in-house) £450; (4) Full prior approval submission with optimisation cycles — 2 rounds typical pre-submission. Build phase only commences after prior approval grant + Building Regulations full plans approval — Class MA grants change of use only, not building work. Internal alterations to create flats need Building Regulations Notice (£250) or Full Plans (£950) + structural calcs + fire strategy + Part E acoustic + Part F ventilation + Part L energy. Class MA + Building Regs combined Builderr timeline: month 0–4 prior approval; month 4–6 Building Regs + tender + finance; month 6–18 build (12-month average); month 18–20 commissioning + sales/letting. See [[class-ma-prior-approval-process-london]] + [[nationally-described-space-standards-class-ma-london]] + [[natural-light-class-ma-conversion-london]] + [[article-4-direction-impact-permitted-development-london]].
