Converting basement offices to residential 1 bedroom flat in flood zone

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  • slooky
    replied
    wow....Thanks for that.
    I know I have to have a flood assessment done but I don't want to pay for one unless I know the criteria for accommodation in a flood zone. I was really looking for someone who had recent experience.

    Leave a comment:


  • pilman
    replied
    Schedule 2, Part 3, Class O of the Town and Country Planning (General Permitted Development) (England) Order 2015 grants planning permission for a change of use of an office to use as a dwellinghouse subject to the developer applying to the local planning authority for a determination as to whether prior approval is required in respect of flooding risks on the site, which would seem to apply in the situation being described in this posting.

    The relevant parts of the GPDO are quoted below, but the application fee for prior approval is £96 compared to a full planning application where the fee would be a lot more.
    Class O – offices to dwellinghouses
    Permitted development
    O. Development consisting of a change of use of a building and any land within its curtilage
    from a use falling within Class B1(a) (offices) of the Schedule to the Use Classes Order, to a use
    falling within Class C3 (dwellinghouses) of that Schedule.
    Development not permitted
    O.1 Development is not permitted by Class O if—
    (a) the building is on article 2(5) land;
    (b) the building was not used for a use falling within Class B1(a) (offices) of the Schedule to
    the Use Classes Order—
    (i) on 29th May 2013, or
    (ii) in the case of a building which was in use before that date but was not in use on that
    date, when it was last in use;
    (c) the use of the building falling within Class C3 (dwellinghouses) of that Schedule was
    begun after 30th May 2016;
    (d) the site is, or forms part of, a safety hazard area;
    (e) the site is, or forms part of, a military explosives storage area;
    (f) the building is a listed building or is within the curtilage of a listed building; or
    (g) the site is, or contains, a scheduled monument.

    Conditions
    O.2 Development under Class O is permitted subject to the condition that before beginning the
    development, the developer must apply to the local planning authority for a determination as to
    whether the prior approval of the authority will be required as to—
    (a) transport and highways impacts of the development;
    (b) contamination risks on the site; and
    (c) flooding risks on the site,
    and the provisions of paragraph W (prior approval) apply in relation to that application.
    Procedure for applications for prior approval under Part 3
    W.—(1) The following provisions apply where under this Part a developer is required to make an
    application to a local planning authority for a determination as to whether the prior approval of the
    authority will be required.
    (2) The application must be accompanied by—
    (a) a written description of the proposed development, which, in relation to development
    proposed under Class C, M, N or Q of this Part, must include any building or other
    operations;
    (b) a plan indicating the site and showing the proposed development;
    (c) the developer’s contact address;
    (d) the developer’s email address if the developer is content to receive communications
    electronically; and
    (e) where sub-paragraph (6) requires the Environment Agency(a) to be consulted, a sitespecific
    flood risk assessment,
    together with any fee required to be paid.
    (3) The local planning authority may refuse an application where, in the opinion of the
    authority—
    (a) the proposed development does not comply with, or
    (b) the developer has provided insufficient information to enable the authority to establish
    whether the proposed development complies with,
    any conditions, limitations or restrictions specified in this Part as being applicable to the
    development in question.
    (4) Sub-paragraphs (5) to (8) and (10) do not apply where a local planning authority refuses an
    application under sub-paragraph (3) and for the purposes of section 78 (appeals) of the Act such a
    refusal is to be treated as a refusal of an application for approval.
    (5) Where the application relates to prior approval as to transport and highways impacts of the
    development, on receipt of the application, where in the opinion of the local planning authority the
    development is likely to result in a material increase or a material change in the character of traffic
    in the vicinity of the site, the local planning authority must consult—
    (a) where the increase or change relates to traffic entering or leaving a trunk road, the
    highway authority for the trunk road;
    (b) the local highway authority, where the increase or change relates to traffic entering or
    leaving a classified road or proposed highway, except where the local planning authority
    is the local highway authority; and
    (c) the operator of the network which includes or consists of the railway in question, and the
    Secretary of State for Transport, where the increase or change relates to traffic using a
    level crossing over a railway.
    (6) Where the application relates to prior approval as to the flooding risks on the site, on receipt
    of the application, the local planning authority must consult the Environment Agency(b) where the
    development is—
    (a) in an area within Flood Zone 2 or Flood Zone 3; or
    (b) in an area within Flood Zone 1 which has critical drainage problems and which has been
    notified to the local planning authority by the Environment Agency for the purpose of
    paragraph (zc)(ii) in the Table in Schedule 4 to the Procedure Order.
    (7) The local planning authority must notify the consultees referred to in sub-paragraphs (5) and
    (6) specifying the date by which they must respond (being not less than 21 days from the date the
    notice is given).
    (8) The local planning authority must give notice of the proposed development—
    (a) by site display in at least one place on or near the land to which the application relates for
    not less than 21 days of a notice which—
    (i) describes the proposed development;
    (ii) provides the address of the proposed development;
    (iii) specifies the date by which representations are to be received by the local planning
    authority; or
    (b) by serving a notice in that form on any adjoining owner or occupier.
    (9) The local planning authority may require the developer to submit such information as the
    authority may reasonably require in order to determine the application, which may include—
    (a) assessments of impacts or risks;
    (b) statements setting out how impacts or risks are to be mitigated; or
    (c) details of proposed building or other operations.
    (10) The local planning authority must, when determining an application—
    (a) take into account any representations made to them as a result of any consultation under
    sub-paragraphs (5) or (6) and any notice given under sub-paragraph (8);
    (b) have regard to the National Planning Policy Framework issued by the Department for
    Communities and Local Government in March 2012(a), so far as relevant to the subject
    matter of the prior approval, as if the application were a planning application; and
    (c) in relation to the contamination risks on the site—
    (i) determine whether, as a result of the proposed change of use, taking into account any
    proposed mitigation, the site will be contaminated land as described in Part 2A of the
    Environmental Protection Act 1990(b), and in doing so have regard to the
    Contaminated Land Statutory Guidance issued by the Secretary of State for the
    Environment, Food and Rural Affairs in April 2012(c), and
    (ii) if they determine that the site will be contaminated land, refuse to give prior
    approval.
    (11) The development must not begin before the occurrence of one of the following—
    (a) the receipt by the applicant from the local planning authority of a written notice of their
    determination that such prior approval is not required;
    (b) the receipt by the applicant from the local planning authority of a written notice giving
    their prior approval; or
    (c) the expiry of 56 days following the date on which the application under sub-paragraph (2)
    was received by the local planning authority without the authority notifying the applicant
    as to whether prior approval is given or refused.
    (12) The development must be carried out—

    (a) where prior approval is required, in accordance with the details approved by the local
    planning authority;
    (b) where prior approval is not required, or where sub-paragraph (11)(c) applies, in
    accordance with the details provided in the application referred to in sub-paragraph (1),
    unless the local planning authority and the developer agree otherwise in writing.
    (13) The local planning authority may grant prior approval unconditionally or subject to
    conditions reasonably related to the subject matter of the prior approval.

    Leave a comment:


  • Converting basement offices to residential 1 bedroom flat in flood zone

    Does anyone have any experience of applying for change of use of offices to residential in a flood zone.
    We put in a change of use 18 years ago but were told that a bedroom would not be allowed in a basement in a flood zone and that a basement property would have to have access to higher ground through an internal staircase. So we withdrew the application.
    I have noticed recently that a few property's nearby have since had planning permission tin 2012 to convert from offices to flats.
    I spoke to the council to ascertain if conditions had been relaxed but they were no help and implied that the property's which had been converted to flats may have slipped through the net!
    Does anyone have recent experience of this?

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