Do you own a building? Then you stand alongside Paramount, Universal and Disney, as the owner of a film studio... for 9 months in any 27 month period.
This is because permitted development right Class E provides for the temporary use of buildings or land for film-making purposes. The right allows for the temporary use of any land or buildings for a period not exceeding 9 months in any 27 month period, for the purpose of commercial film-making and the associated provision for temporary structures, works, plant or machinery. The 9 month period includes all preparatory activities and striking the set at the end of the production.
The right does however have certain limitations. Some examples of where the right does not apply are where:
- the land in question is more than 1.5 hectares
- the use is for overnight accommodation - a grey area for some crews...
- the height of any temporary structure, works, plant or machinery exceeds 15 metres (or 5 metres, where within 10 metres of the boundary of the land)
- the land or building is on "article 2(3) land", for example a conservation area
- the land or building is, or contains, a scheduled monument or
- the land or building is listed
Here, commercial film-making means filming for broadcast or transmission, but does not cover the filming of persons paying to visit the site to participate in any leisure activity.
Before you get excited and reach for your Box Brownie, the right is also subject to various conditions. An application to the local planning authority is required before the start of each new filming period to determine whether prior approval will be required. Consideration will be given to the production schedule and the hours of operation, transport and the impact on traffic, noise, the impact of lighting (particularly relevant for outdoor night shoots) and the risk of flooding. Further, at the end of the shoot all temporary structures must be removed and the land reinstated to its previous condition.
To learn more about Forsters' experience in supporting Studios clients with their planning needs, get in touch with our Studios Group.