Change of Use and the Use Classes Order

CHANGE OF USE – PLANNING PERMISSION

In England, the system of town and country planning regulates development in the public interest – i.e. when and where development should take place and where it should not.

A material change in the use of a building or land (‘change of use’) falls within the definition of ‘development’ for the purposes of planning.

For administration purposes, the uses of land and buildings in England are categorised into ‘Planning Use Classes’ as set out in the Town and Country Planning (Use Classes) Order 1987 (as amended).

Planning permission is needed when proposals constitute a ‘material change of use’, i.e. between different Classes. What constitutes a ‘material change’ is not defined within planning legislation and is a matter of fact and degree to be determined on the individual merits of each case.

Planning permission is not needed for a change from one use to another within the same Class – this is not ‘development’ (i.e. not a material change) and does not require a planning application.

PLANNING USE CLASSES – SUMMARY

Up to 1st September 2020, there were four Classes of use in planning, ‘A to D’. However, these have been significantly altered.

The current use classes for planning in England can be summarised as:

Class B2 General Industrial

Class B8 Storage and distribution

Class C1 Hotels

Class C2 Residential institutions

Class C2A Secure residential institutions

Class C3 Dwellinghouses

Class C4 Small Houses in multiple occupation

Class E Commercial, Business and Service

Class F1 Learning and non-residential institutions

Class F2 Local community

More detail on what the individual use classes comprise is provided below.

THE NEW CLASS E, F1 and F2 AND ABOLITION OF CLASSES A, B1 and D

National Planning Practice Guidance states that the new Class E (Commercial, Business and Service), introduced on 1st September 2020, includes a broad and diverse range of uses which principally serve the needs of visiting members of the public and or are suitable for a town centre area.

Class E allows for a mix of uses which recognises that a building may be in several different uses concurrently or be used for different uses at different times of the day.

The new Classes E, F1 and F2 replace the former A, B1 and D classes (subject to transitional arrangements to July 2021) listed below with some uses becoming ‘sui generis’ …

A1 Shops

Shops, retail warehouses, post offices, ticket and travel agents, hairdressers, funeral directors and undertakers, domestic hire shops, dry cleaners, sandwich bars – sandwiches or other cold food purchased and consumed off the premises, internet cafes.

Now split between Class E and F2

A2 Financial and Professional Services

Financial services including banks, building societies and bureau de change, professional services excluding health or medical services, estate agents and employment agencies, other services including betting offices, principally where services are provided to visiting members of the public.

Now split between Class E and sui generis

A3 Restaurants and Cafes

Restaurants, snack bars and cafes. Use for the sale of food for consumption on the premises.

Now Class E

A4 Pub or Drinking Establishment

Now sui generis

A5 Hot Food Takeaway

Now sui generis

B1 Business – including Offices

B1 (a): Offices other than in a use within class A2

B1 (b): Research and development – laboratories, studios.

B1 (c): Light industrial.

Now Class E

D1 Non-residential Institutions

Clinics, health centres, crèches, day nurseries, day centres, schools, art galleries (other than for sale or hire), museums, libraries, halls, places of worship, church halls, law courts. Non- residential education and training centres.

Now split between Class E and F1

D2 Assembly and Leisure

Cinemas, music and concert halls, bingo and dance halls (not nightclubs), swimming baths, skating rinks, gymnasiums or areas for indoor or outdoor sports and recreations (except for motor sports, or where firearms used).

Now split between Class E and F1

PERMITTED DEVELOMPENT RIGHTS FOR CHANGE OF USE

The General Permitted Development Order as amended grants additional rights that allow changes of use between certain classes, subject to certain limitations and conditions being met.

Prior Approval may be required before some of the permitted development rights above can be implemented. This will require an application to the local authority, albeit one of reduced scope compared to a full planning application. Requirements, timescales and considerations for Prior Approval applications vary depending upon the use being applied for.

There may be conditions on a previous planning permission or other local restrictions, such as Article 4 Directions, which may limit or remove permitted development rights in some instances.

If there is any doubt at all as to whether planning permission is required for a change of use, professional advice or clarification from the local planning authority should be sought before work starts.

USE CLASSES AND PERMITTED DEVELOPMENT RIGHTS

Permitted development rights related to planning use classes after 1st September 2020 are now ridiculously complex.

A brief summary is provided below:

Class B2 General Industrial

General industry where the former ‘special industrial’ use classes, B3 – B7 are all now encompassed into the B2 class.

Permitted change to B8

Class B8 Storage and distribution

Storage or distribution centres.

Permitted change to C3

Class C1 Hotels

Hotels, boarding houses and guest houses. Development falls within this class if ‘no significant element of care is provided’.

Permitted change to state-funded school

Class C2 Residential institutions

Hospitals, nursing homes, residential schools, training centres. Use for the provision of residential accommodation and care to people in need of care.

Permitted change to state-funded school

Class C2A Secure residential institutions

Use for the provision of secure residential accommodation, including use as a prison, young offenders institution, detention centre, secure training centre, custody centre, short term holding centre, secure hospital, secure local authority accommodation, military barracks.

Permitted change to state-funded school

Class C3 Dwellinghouses

C3 (a): single people or those living together as a single household i.e. a family, as defined by the Housing Act 2004.

C3 (b): up to six people living together as a single household and receiving care e.g. supported housing schemes.

C3 (c): allows for groups of people (up to six) living together as a single household. This allows for those groupings that do not fall within the C4 definition.

Permitted change to Class C4

Class C4 Small Houses in multiple occupation

Houses in multiple occupation. Small shared dwellings occupied by between three and six unrelated individuals sharing basic amenities.

Permitted change to Class C3

Class E Commercial, Business and Service

E (a) Display or retail sale of goods, other than hot food

E (b) Sale of food and drink for consumption (mostly) on the premises

E (c) Provision of:

(i) Financial services,

(ii) Professional services (other than health or medical services), or

(iii) Other appropriate services in a commercial, business or service locality

E (d) Indoor sport, recreation or fitness (not involving motorised vehicles or firearms)

E (e) Provision of medical or health services (except the use of premises attached to the residence of the consultant or practitioner)

E (f) Creche, day nursery or day centre (not including a residential use)

E (g) Uses which can be carried out in a residential area without detriment to its amenity:

(i) Offices to carry out any operational or administrative functions,

(ii) Research and development of products or processes

(iii) Industrial processes

Permitted change to C3
Permitted change to E + up to two flats
Permitted change to state-funded school

Class F1 Learning and non-residential institutions

F1 (a) Provision of education

F1 (b) Display of works of art (otherwise than for sale or hire)

F1 (c) Museums

F1 (d) Public libraries or public reading rooms

F1 (e) Public halls or exhibition halls

F1 (f) Public worship or religious instruction (or in connection with such use)

F1 (g) Law courts

Class F2 Local community

F2 (a) Shops (mostly) selling essential goods, including food, where the shop’s premises do not exceed 280 square metres and there is no other such facility within 1000 metres

F2 (b) Halls or meeting places for the principal use of the local community

F2 (c) Areas or places for outdoor sport or recreation (not involving motorised vehicles or firearms)

F2 (d) Indoor or outdoor swimming pools or skating rinks