Q&As

A building has permission for garage use at ground level and office use at first floor level. Permission to use the ground level for office use was granted in 2008 but a 2010 s 106 agreement contains a covenant not to implement the 2008 permission. A mezzanine has now been constructed over the ground level and this is being used for office use. Would this breach the 2010 s 106 agreement?

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Published on LexisPSL on 15/08/2017

The following Planning Q&A provides comprehensive and up to date legal information covering:

  • A building has permission for garage use at ground level and office use at first floor level. Permission to use the ground level for office use was granted in 2008 but a 2010 s 106 agreement contains a covenant not to implement the 2008 permission. A mezzanine has now been constructed over the ground level and this is being used for office use. Would this breach the 2010 s 106 agreement?

Under section 55(2)(a) of the Town and Country Planning Act 1990 (TCPA 1990), planning permission is not required for the carrying out for the maintenance, improvement or other alteration of any building of works which affect only the interior of the building, or do not materially affect the external appearance of the building. This include mezzanine floors, subject to exceptions for retail premises.

TCPA 1990, s 55(2)(f) states that a change in the use of land or buildings, where the previous and new use falls within the same use class, also does not constitute development. H

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