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Suppose a client has acquired a vacant site and applied for residential
planning permission. Can the client realise some value from the land in
the meantime, by installing a temporary use such as car parking?
The answer, of course, is that normally a change of use of land would
require planning permission but there are exceptions. In particular,
General Permitted Development Order 1995 allows planning permission
for the use of land for up to 28 days in each calendar year on a
temporary basis. Thus, temporary use as a car park would be allowed
(for up to 28 days). However, the right to install a temporary use is not
unqualified, and it does not apply at all to a site within a curtilage of a
building (ie the site must be open land). Also, the temporary use rights
do not apply to all uses (eg caravan sites are subject to special controls,
whilst the holding of markets and vehicle racing may take place for only
14 days pa). There is one final and important caveat to all of this. It is
possible for an LA to argue that a temporary change of use will result in
the loss of existing use rights. So, the wise will take advice or consult
the LA before claiming temporary use rights. Source: Lovells. © Practical Lawyer
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March 2008 |