20th November 2018
Mr Oates of Hoath Farm, Bekesbourne Lane, in Canterbury owned land including three former chicken sheds, which had been divided into six units and converted from agricultural use to offices (in Use Class B1) under an express grant of planning permission from Canterbury City Council. Following the implementation of the permission, Mr Oates proceeded to further change the use of the buildings by relying on permitted development rights under Class J of Part 3 of Schedule 2 to the Town and Country Planning (General Permitted Development) Order 1995, as amended (GPDO). This allows the “change of use of a building and any land within its curtilage to a use falling [within] Class C3 (dwelling houses) … from a use falling within Class B1 (a) (offices)”. There is no provision within Class J for any operational development, and yet to facilitate the conversion of the units, significant external works were required.