No Planning Permission Needed: Changing Use within Use Class E in England
Understanding Use Class E
In September 2020, the UK government introduced significant changes to the Use Classes Order in England, simplifying the planning system and providing greater flexibility for property owners and businesses. A key part of these reforms was the creation of Use Class E, which encompasses a broad range of commercial, business, and service uses.
What is Use Class E?
Use Class E combines many of the previous use classes into a single category, including:
- Shops (formerly Class A1)
- Financial and professional services (formerly Class A2)
- Restaurants and cafes (formerly Class A3)
- Offices (formerly Class B1)
- Indoor sports and recreation (formerly Class D2)
- Medical or health services (formerly Class D1)
- Day nurseries and creches (formerly Class D1)
Changing Use within Class E
One of the most significant benefits of Use Class E is the ability to change the use of a property within the same class without the need for planning permission. This means that businesses can adapt and respond to market demands and consumer behaviour more swiftly and with less bureaucratic red tape.
For example, a retail shop can be converted into a restaurant or a yoga studio can be transformed into an office space without the need to apply for planning permission. This flexibility is intended to support high streets, encourage entrepreneurial ventures, and facilitate economic recovery and growth.ย It is also of great benefit to landlords and property managers.ย ย
Benefits of This Flexibility
1. Economic Growth
The ability to change uses within Class E promotes economic dynamism by allowing businesses and landlords to pivot their operations in response to changing market conditions. This can lead to higher occupancy rates and fewer vacant properties on high streets.
2. Reduced Costs and Time
By eliminating the need for planning permission for changes within Use Class E, businesses can save on costs associated with the planning application process. Additionally, the time saved means that businesses can become operational in their new use more quickly, allowing for a faster response to business opportunities.
3. Encouraging Entrepreneurship
Aspiring entrepreneurs can more easily establish their businesses by taking over existing properties without worrying about obtaining planning permission. This can lower the barriers to entry and encourage more innovation and variety in local economies.
Exceptions and Considerations
While this can provide significant flexibility in terms of planning, there are still some considerations to keep in mind:
- Building Regulations: Any physical alterations to a building will still require adherence to building regulations.
- Listed Buildings and Conservation Areas: Special rules may apply to properties that are listed or located in conservation areas. Changes to these properties might still require planning permission or listed building consent.
- External Alterations: Changes that impact the external appearance of a building, such as new signage or extensions, may still require planning permission.
- Environmental Health: Businesses must still comply with other regulations, such as environmental health standards, which may affect certain uses.
- Property-specific Planning Restrictions: Properties may be subject to pre-existing conditions in relation to planning.ย Be sure to check your ‘planning history’.ย ย
Conclusion
The introduction of Use Class E represented a significant step towards a more flexible and adaptive planning system in England. By removing the need for planning permission for changes within this class, the government provided businesses with the ability to adapt quickly, encouraging economic activity and reducing the administrative burden. This change was a welcome development for property owners, businesses, and local economies, fostering a more resilient and vibrant commercial landscape.
For more detailed information on specific cases or further guidance, it’s always a good idea to consult with your local planning authority or a professional planning consultant or legal advisor.
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