Certificate of Lawfulness - Office to Residential in Newham

Certificate of Lawfulness change of use of offices above an estate agency to two residential flats in the London Borough of Newham, using established permitted development rights to bypass the employment retention policy.

LONDONNEWHAMCOL APPROVALS

Andrew Ransome

6/10/20262 min read

In 2014, a certificate of lawfulness for the change of use was successfully achieved in the London Borough of Newham, converting offices above an estate agency into two residential flats.

Rather than pursuing a conventional planning application — and risking refusal on employment retention grounds — the case was resolved by identifying a route through established permitted development rights (Class F of the General Permitted Development Order) sets out the requirements for permitted development in respect of change of the use of a building that sidestepped the policy barrier entirely.

Change of Use to Residential in Newham

The London Borough of Newham, like many London authorities, applies policies designed to resist the loss of employment-generating office space to residential use. These policies can make change of use applications difficult to secure through the standard planning application route.

In this case, however, the offices in question were located above and associated with an estate agency — a Class A2 use.

Schedule 2, Part 3, Class F of the Town and Country Planning (General Permitted Development) Order 1995 (as amended) sets out the requirements for permitted development in respect of change of the use of a building to residential.

Under this permitted development right, the change of use of offices that are associated with A1 or A2 uses could take place through a Prior Approval application to Newham, provided certain conditions are met.

Critically, this route does not engage the Council's employment retention policy at all.

By identifying and utilising these existing permitted development rights, it was possible to convert the offices into two residential flats without a full planning application, without a formal planning application, and without any policy-based objection from Newham.

The change of use was achieved cleanly and efficiently.

This outcome demonstrates the value of thinking creatively about planning routes when a conventional approach would face significant policy resistance.

Planning Application Advice

If you are considering a change of use — whether from office to residential or another use class — I can advise on all available routes, including permitted development rights that may avoid the need for a formal application. Contact me to discuss your project.

Andrew Ransome MRTPI - Email: andrew@andrewransome.co.uk

About me

Andrew Ransome is a Planning Director and a Chartered Member of the Royal Town Planning Institute (RTPI), with more than two decades of experience in town planning.

He specialises in delivering strategic planning solutions for complex developments across both rural and urban environments, helping clients navigate planning challenges and unlock development opportunities. Connect with Andrew on Linkedin.

Certificate of Lawfulness Successes

Planning Development Information