As a property developer or investor, it is important to understand the planning use classes which apply to land and buildings. Our guide to planning use classes explains why the classes exist, summarises some of the key classes, and looks at whether it is possible to change the planning use for a property to a different “Use Class”.
What is a planning use class?
Planning Use Classes categorise properties, specifying what use is permitted by the local authority. Different planning rules and regulations apply to different planning use classes. For example, in Class E, Commercial, Business and Service it is usually possible to change use without planning permission, provided the new purpose is still within Class E.
However, in the sui generis class, which is a catch-all class for businesses not fitting into other categories, planning permission is always required for a change of use.
What is the impact of the Use Classes Order on the drafting of Leases?
On the drafting of a new lease, if a landlord wants to restrict a certain use in Class E (which contains 11 parts) then the lease will have to be drafted to restrict to that particular part of Class E use rather than relying on the general definition of the Class E Use Class. Otherwise, a tenant could take advantage of the flexibility of Class E and depending on the exact wording of the lease, change the use to any category within Class E without the need for planning permission.
What are the main planning use classes?
The Town and Country Planning (Use Classes) Order 1987 put uses of land and buildings into various planning categories known as ‘Use Classes’. They were amended by the Town and Country Planning (Use Classes) (Amendment) (England) Regulations 2020.
Planning Use Classes include the following classes:
- Class B – industrial and storage
- Class B2 – general industrial (not falling in Class E)
- Class B8 – Storage or distribution centre
- Class C – residential
- Class C1 – hotels, boarding houses, hostels
- Class C2 – residential institutions such as care homes, hospitals and schools
- Class C2A – secure residential institutions
- Class C3 – dwelling houses
- Class C4 – small houses in multiple occupation intended for 3-6 individuals
- Class E – commercial, business and service, including retail shops, cafés, restaurants, offices, medical and health services, financial services, nurseries and light industry
- Class F – local community and learning
- Class F1 – learning and non-residential institutions, including schools, libraries and museums
- Class F2 – local community establishments, such as community halls
- Sui generis – is a Latin term literally meaning of its own kind for uses that do not fall into other categories, such as cinemas, betting shops, pubs, bars and takeaways
What are some of the key reasons for the Use Class changes?
Class E allows for a mix of uses to reflect changing retail requirements. It allows a building to be used flexibly by having a variety of uses occurring concurrently or by allowing different uses to occur at different times of the day. The significance of this is that uses can change within the same class without the need for planning permission.
The Government wanted to protect local community assets (for example the local pub) by taking them out of the Use Classes and making them “sui generis”, meaning that planning permission would be needed to change to a different use.
Class F2 was introduced to ensure important community facilities are protected via the planning system.
How do you find out what planning use class a property has?
The planning use class for a property may be identified in the local planning authority’s register of planning decisions. Another method to identify the planning use class is to search the Valuation Office Agency records to check how the property is listed for business rates which can indicate its established commercial use.
Where a planning use class has not been designated or is unknown, one can make an application to the local authority for a lawful development certificate (LDC) after the use has existed for a set period of time, usually ten years. If the local authority agrees, they will issue a certificate and assign a planning use class. An LDC provides legal proof of the current lawful use.
How do you change planning use class?
It is crucial to ensure that you have the correct use class before establishing a business. In some cases, it is possible to change the planning use class. This usually requires the local authority’s consent, although some changes may be allowed under the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended).
In addition, some changes of use are permitted when the new use falls within the same class as the previous use. Otherwise, you are likely to need planning permission to change the planning use class of a property or land.
You are strongly advised to speak to an expert planning lawyer to ensure you have the right planning use or planning consents before making changes. Even if changes are allowed without the need for a full planning application, other authorisation may be required, for example, if the new use is likely to require separate building regulations approvals for compliance with standards of construction or consent from a landlord under the terms of an existing lease.
How 3CS can help
Our expert planning and property solicitors can assist you with a full range of planning and commercial property matters. If you have questions relating to planning agreements, planning use classes, or you want advice on changing a use class or on obtaining a Lawful Development Certificate contact us today and we will be happy to help.
For advice, guidance, or representation, please get in touch.
