New Planning 'Use Classes' Now in Effect - What's Changed?
While we do not expect to see many of the Government's "Build Build Build" Planning reforms emerging in legislation for some time yet, certain changes have come into effect on 1 September 2020.
For planning purposes, common uses of buildings are divided into 'use classes'. Planning permission is required to change a building's use from one class to another, as this constitutes development (even if no external construction works are required to do so). A full planning application is not generally required to move within classes, for example from a café to a restaurant which both currently fall within class A3, nor to move between certain classes if captured by the permitted development rules as discussed below. Some uses are designated 'sui generis', meaning planning permission is required to change to and from those uses in most circumstances.
The Town and Country Planning Act (Use Classes) (Amendment) (England) Regulations 2020 change these use classes with effect from 1 September.
New Classes
The current use classes have been amended and in many cases collated with other existing classes to create new broader use classes. The effect of this is that developers will be able to change a building between a wider range of uses without the need to submit a full application for planning permission to their local authority.
On the other hand, some uses have been moved out of the use classes into a 'sui generis' designation, meaning planning permission is required to change a building to that use, or from that use to another.
The below table summarises how some common use classes have changed.
New Use Classes
New Use Class |
Uses that can be changed from and to without the need for a full planning application |
Pre- 1 September 2020 Use Class |
|
E |
Shop |
A1 |
|
F.1 |
Schools, non-residential education and training centres, museums, public libraries, public halls, exhibition halls, places of worship, law courts |
D1 |
|
F.2 |
Shops up to 280m2 in area selling essential goods, at least 1km from a similar shop |
A1 |
|
Sui generis |
Pubs and drinking establishments |
A4 |
Use Classes Unaffected by the Changes
Use Class |
Use |
|
B2 |
General industrial |
|
B8 |
Storage |
|
C1 |
Hotels, boarding houses, guest houses |
|
C2 |
Residential institutions |
|
C2a |
Secure residential institutions |
|
C3 |
Houses |
|
C4 |
Houses of multiple occupation |
Permitted Development
The position on permitted development has not yet changed; although the use classes have changed, there will be a 'material period' (ie a transition period) until 31 July 2021 in which permitted development between use classes will remain the same, with reference to the current use classes.
In many cases, an application for prior approval must be submitted to the local authority before a change of use that constitutes permitted development can take place. Applications for prior approval submitted before 31 July 2021 for change of use under existing permitted development rights will be assessed against the pre-September 2020 legislation.
How We Can Help
Our team of Planning lawyers can help you navigate these changes, as well as advising on all aspects of Planning law including planning and prior approval applications, objecting to applications, planning obligations, highways agreements, public rights of way issues, heritage assets and green space.