| No. | Condition Text |
|---|
| 1. | The applicant has failed to evidence the current lawful use of the building and it is considered that permitted development rights cannot apply in this instance. There would be conflict with either of Condition 4 of application reference P0850.18 which required that the use of the upper floors of the building be used in a capacity ancillary to the ground floor use only, or Condition 3 of P0963.23 which restricted the use of the upper floors to subsections of Class E only and no other. It is unclear whether the 2023 permission has been implemented but in either case there would exist a restriction preventing the use of the provisions of Schedule 2, Part 3, Class MA of the Town and Country Planning (General Permitted Development) (England) Order 2015. |
| 2. | The applications fails to evidence that the building has been vacant for a continuous period of at least 3 months immediately prior to the date of the application for prior approval MA.1.(1)(a) or that the use of the building fell within one or more of the requisite classes specified for a continuous period of at least 2 years prior to the date of the application for prior approval MA.1.(1)(b). The application therefore fails to comply with the provisions of Schedule 2, Part 3, Class MA of the Town and Country Planning (General Permitted Development) (England) Order 2015. |
| 3. | The proposed self-contained unit would fail to demonstrate compliance with the nationally described space standard issued by the Department for Communities and Local Government on 27th March 2015 through a deficit in internal floor area and one which is well below the required standard and the lack of dedicated internal storage. These are sympatomatic of an environment which would be of a low quality for future occupants. There would be conflict then with MA 9(A)(b). In the absence of any evidence otherwise the proposals fail to align fully with the provisions of Schedule 2, Part 3, Class MA of the Town and Country Planning (General Permitted Development) (England) Order 2015. |
