Class N – specified sui generis uses to dwellinghouses

What is allowed

Development consisting of—
a change of use of a building and any land within its curtilage from a use as
an amusement arcade or centre, or
a casino,
to a use falling within Class C3 (dwellinghouses) together with building operations reasonably necessary to convert the building to a use falling within Class C3 (dwellinghouses).

Where can I use it

On buildings that are an amusement arcade or centre, or a casino and subject to defined limits.

What is not allowed

Development is not permitted by Class N if—

• the building was not used solely for one of the uses specified in Class N(a) on 19th March 2014, or 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;
• the cumulative floor space of the existing building changing use under Class N exceeds 150 square metres;
• the development (together with any previous development under Class N) would result in more than 150 square metres of floor space in the building having changed use under Class N;
• the development under Class N(b) would consist of building operations other than the installation or replacement of—
• (aa) windows, doors, roofs, or exterior walls, or
• (bb) water, drainage, electricity, gas or other services, to the extent reasonably necessary for the building to function as a dwellinghouse; and
• partial demolition to the extent reasonably necessary to carry out building operations;
• the building is within—
• an area of outstanding natural beauty;
• an area specified by the Secretary of State for the purposes of section 41(3) of the Wildlife and Countryside Act 198155;
• the Broads;
• a National Park; or
• a World Heritage Site;
• the site is, or forms part of—
• a site of special scientific interest;
• a safety hazard area;
• a military explosives storage area;
• the building is a listed building or is within the curtilage of a listed building; or
• the site is, or contains, a scheduled monument.

How do I use the allowance

This is a prior approval permitted development allowance and subject to the following decision making criteria:

• transport and highways impacts of the development,
• contamination risks in relation to the building,
• flooding risks in relation to the building, and
• the design or external appearance of the building,, and
• the provision of adequate natural light in all habitable rooms of the dwellinghouses,
• compliance with the National Standards (from 6th April 2021)

Our Notes

None