Condition restricts office change to residential

A condition imposed on a planning permission for an office block in Buckinghamshire has been sufficient to prevent its conversion to residential use under Class J of Part 1 to Schedule 2 of the GPDO 1995.

The condition stated that the building should only be used for purposes within Class B1 of the Use Classes Order. Despite the fact that it did not refer to the exclusion of permitted development rights, article 3(4) of the GPDO stated that nothing in the order permitted development contrary to any condition imposed on a planning permission, the inspector held. The fact that the condition was imposed in order to protect the amenities of nearby residential properties and that its conversion to residential would not be incompatible with this aim was not relevant in assessing whether the order applied.

Inspector: Phillip Ware; Written representations

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