Planning window of opportunity for office buildings in Brighton and Hove

Planning window of opportunity for office buildings in Brighton and Hove

There is currently an Article 4 Direction which covers a number of office locations in Brighton and Hove including: 

  • Central Brighton, New England Quarter and London Road Area
  • Edward Street Quarter, Edward Street, Brighton
  • City Park, The Droveway, Hove

The Article 4 Direction removes permitted development rights for the change of use from office to residential use, and therefore planning permission is required.

Zoe Brown at SHW says: "This Article 4 Direction is due to lapse on 31st July 2022 and the Council are currently consulting on a new Article 4 Direction to restrict the change of use, however this is not due to become effective until 30th January 2023. As a result, there is a 6-month window of opportunity to apply for a change of use from Class E (which includes offices) to residential." This is subject to meeting the following Class MA Conditions:

  • Buildings must be vacant for a period of three months before the prior approval application is submitted
  • Cumulative floorspace changing use of up to 1,500 sq m
  • Considerations:
    • Transport impacts
    • Contamination
    • Flood Risk
    • Impact of noise from commercial premises
    • Provision of adequate natural light
    • Impact on the intended occupiers of the development of the introduction of residential use
    • Fire safety (where the development meets the fire risk condition)