Class E Prior Approval vs Full Planning Permission: Key Differences
For commercial landlords and residential developers, using Class MA Permitted Development to convert a Class E building into C3 homes offers substantial speed, cost, and policy advantages compared to a traditional Full Planning Application. Most notably, Permitted Development schemes are exempt from local plan Section 106 affordable housing contributions (though Community Infrastructure Levy and Nitrate/Nutrient Neutrality rules still apply where relevant).
| Assessment Factor | Class MA Prior Approval (Class E to C3) | Full Planning Application (Change of Use) |
|---|---|---|
| Statutory Determination Period | 56 Calendar Days (8 Weeks) | 8 Weeks (Minor) or 13 Weeks (Major 10+ units) |
| Scope of Council Assessment | Restricted to 8 specific technical Prior Approval matters | Full Local Plan policies, design codes & subjective amenity |
| Section 106 Affordable Housing | Exempt (Even on schemes of 10+ residential flats) | Triggered on schemes of 10+ units (typically 20%–40% affordable) |
| External Elevational Changes | Excluded — requires a separate minor Full PP for new windows/doors | Included within the single Full Planning Application |
| Planning Application Fee (England) | £125 per proposed dwellinghouse (effective April 2025/2026 scale) | £578 per dwellinghouse (up to 50 dwellings) |
| Statutory Time Limit Condition | Must COMPLETE conversion within 3 years of grant | Must COMMENCE works within 3 years of grant |
How to Handle External Alterations (Shopfronts, Windows & Roof Lights)
One of the most frequent traps in Class E-to-residential conversions is forgetting that Schedule 2, Part 3, Class MA of the GPDO authorises the change of use of the building, not external building operations (which are governed by Section 55 of the Town and Country Planning Act 1990).
In practice, converting a deep-plan office or ground-floor retail shop into compliant flats almost always requires replacing a glazed commercial shopfront with residential masonry and casement windows, or punching new window apertures into a side elevation so every bedroom satisfies the mandatory natural light test.
To solve this, developers use a 'Two-Pronged Strategy': first (or simultaneously), submit a minor Full Planning Application strictly for the external elevational alterations (new windows, doors, brick infill, or rooflights) while the building is still commercial; and submit the Class MA Prior Approval application showing the internal floorplan layout utilizing those window openings.
Under Full Planning Permission, you only need to dig a trench or start a material operation within 3 years to keep the permission alive forever. Under Class MA (Condition MA.2(5)), the entire conversion must be completed within 3 years of the Prior Approval grant date, and the building cannot legally be occupied as flats until completion.
Community Infrastructure Levy (CIL) & Nutrient Neutrality on Class E Conversions
Even though Class MA is Permitted Development, two post-approval statutory regimes must be cleared before builders start on site:
1. Community Infrastructure Levy (CIL): In charging authorities, CIL is payable on new residential floorspace unless the building passes the 'In-Use Building Test' under Regulation 40 of the CIL Regulations 2010—meaning part of the building has been in lawful continuous use for at least 6 months within the 36 months prior to the day planning permission first permits development. You MUST submit a CIL Form 1 (Additional Information) and Form 2 (Assumption of Liability) + Form 6 (Commencement Notice) before starting works, otherwise the council can strip your lawful floorspace offset.
2. Habitats Regulations ( Regulation 75–77 ): If your building lies within a Nutrient Neutrality catchment or a European Protected Site Recreational Zone of Influence (e.g. Thames Basin Heaths, Solent, Chilterns Beechwoods, Epping Forest), you must submit a Stage 2 Habitats Regulations Approval and pay the statutory SAMM/SANG mitigation tariff before commencing works.
Step-by-Step Class E Conversion Execution Plan
Follow this sequence to execute a seamless Class E to C3 conversion: