Permitted development rights disapplied to new office building

Prior approval under Class O of Part 3 of Schedule 2 of the GPDO 2015 was denied because the former office building in north London had been substantially rebuilt.

The appellant sought its conversion to 14 residential units and highlighted the council’s decision in 2015 to grant prior approval to residential. Although this was never implemented, the inspector agreed that at the time parts of the building were judged to have been in office use in May 2013. Since then however, various works of alteration, demolition and rebuilding had occurred. A report submitted by the appellant confirmed that 21% of the external walls had been demolished, much of the structural steel and timber together with masonry supports, had been replaced along with most if not all of the ground and first floors. This included most of the roofs.

Having regard to this evidence, the inspector decided that as a matter of fact and degree, a new building had been or was in the process of being created through partial demolition, part retention and repair and partly through new building works. Consequently, the original building had ceased to exist and therefore it did not exist on site as at May 2013. Permitted development rights under Class O therefore, did not apply. The appeal was dismissed.

Inspector: Susan Harley; Hearing

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