[UPDATE: For the subsequent government "response" to this consultation, and subsequent legislation relating to this consultation, please view this post].

DCLG has published the following public consultation, which runs from 06/08/2013 to 15/10/2013:

• August 2013: Greater flexibilities for change of use - Consultation (pdf) (link).

The proposed new PD rights would consist of the following:

A1 or A2 to C3:

• This would allow A1 (shops) or A2 (financial and professional services) to change to C3 (dwellinghouses).  The latter could be a house or up to 4 flats, but not a small HMO.
• There would be an upper threshold of 150m2.
• Some operational development would be allowed, such as a new frontage, windows and doors.
• This would not apply on article 1(5) land.
• Prior approval would be required with respect to design (specified as design, material types, and outlook), the impact of the loss of the retail unit on the economic health of the town centre, the need to maintain an adequate provision of essential local services (e.g. post offices), and the impact of the change of use on the character of the local area.

A1 to banks and building societies:

• This would allow A1 (shops) to change to banks and building societies.  It would not be possible to subsequently change to other A2 uses (e.g. betting shops, etc).

Agricultural buildings to C3:

• This would allow agricultural buildings to change to C3 (dwellinghouses).  The latter could be up to 3 additional houses or flats.
• The agricultural building must have been constructed prior to 20/03/2013.
• There would be an upper threshold of 150m2 for a single house.
• Some operational development would be allowed, including the demolition and rebuilding of the property on the same footprint.
• This would apply on article 1(5) land.
• Prior approval would be required with respect to siting and design (specified as design, materials, and outlook), transport and highways impacts, noise impacts, contamination risks, and flooding risks.
• There would provisions to restrict the ability to use both the above new PD rights and the existing Part 6 of the GPDO.

B1, C1, C2, C2A, or D2 to nurseries:

• This would allow B1 (business), C1 (hotels), C2 (residential institutions), C2A (secure residential institutions), or D2 (assembly and leisure) to change to nurseries.  The latter must be on the Early Years Register which is regulated by Ofsted.
• Some operational development would be allowed, as is the case for schools under Part 32 of the GPDO.
• Prior approval would be required with respect to transport and highways impacts, noise impacts, and contamination risks.

 Agricultural buildings to state-funded schools or nurseries:

• This would allow agricultural buildings to change to state-funded schools or nurseries.
• There would be a cumulative size limit of 500m2.
• Some operational development would be allowed, via a modified version of Part 41 Class B of the GPDO.
• Prior approval would be required with respect to transport and highways impacts, noise impacts, contamination risks, and flooding risks.

Other Notes:

The proposed new PD rights would not apply to the following:

• Listed buildings and scheduled monuments.
• Buildings within Sites of Special Scientific Interest (SSSIs).
• Safety hazard zones and military explosives storage areas.
• Development where an environmental impact assessment is required.

The consultation document states (in paragraph 16) that “it is our intention to bring forward the changes, subject to this consultation, for April 2014".