5-8 Whitehall Parade

Client: Martells of Sutton Ltd
Local Planning Authority: Mid Sussex

Squires Planning was instructed to advise on the conversion of part of the well-known Martell’s Department Store in East Grinstead into new residential units. From the outset, our team identified that the proposal could benefit from permitted development right Class MA, which allows the change of use from commercial (Use Class E) to residential (Use Class C3) without the need for a full planning application.

We advised the client to proceed via a Class MA prior approval application, offering a faster and more cost-effective route to consent.

However, one key limitation of Class MA is that it does not permit any external alterations. All habitable rooms must also receive adequate natural light, and a review of the existing building revealed that the current window layout would not provide sufficient light to every proposed unit.

To overcome this, we needed to secure a separate permission to amend the external fenestration. Our review of the planning history found that a previous consent which was already being implemented helpfully included window changes in the application description but was not specific to the works being done. We identified an opportunity to use a Section 73 application (under the Town and Country Planning Act 1990) to vary the approved plans from that earlier permission. This strategy allowed us to adjust the window layout to meet the natural light requirement without submitting a new full planning application, saving both time and cost for the client.

The Section 73 application was approved under delegated powers, paving the way for the Class MA prior approval. With the revised window layout secured, we demonstrated compliance through an Internal Daylight Assessment, supported by Noise, Highways, Flood Risk and Contamination reports. The prior approval was subsequently granted, also under delegated powers.

By first securing the fenestration changes, we avoided the need for a full planning application and ensured the Class MA route could succeed—saving the client both time and cost.

This project illustrates how a strategic approach to permitted development rights, backed by in-depth knowledge of planning law and local policy, can unlock complex schemes and deliver efficient, successful outcomes.

If you’re considering the conversion of retail, office or other commercial premises to residential use, Class MA may provide the right solution. Squires Planning can help you assess the options, identify the best route, and guide your project from concept to consent.

Project Team:
Squires Planning | Made Architects | Falcon Energy | MDX Surveyors | Motion