Planning Use Classes

The Planning Use Classes exist to promote good planning and the right kind of environments in our villages, towns, and cities.

Land and buildings are divided into various categories called ‘Planning Use Classes’. These categories determine the purpose for which sites can be used. The categories exist to discourage potentially conflicting uses, for example, industrial buildings from being located in the same area as hotels.

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Planning Use Classes Update

The Government has recently added several new use classes. Each of these incorporates several previously separated use classes, either completely or in part. This is to improve flexibility and allow properties with multiple concurrent uses. One of the major revisions in the new Class E, which now incorporates a wide variety of uses. As changing uses within the same Use Class is within permitted development, this should make it easier to repurpose premises or find new tenants.

Class E (Commercial, Business and Service)

Class E was formerly composed of the following:

• • Classes A1 (Shops), A2 (Financial and professional services), A3 (Food and drink), B1 (Business). D1 (Non-residential Institutions), D2 (Assembly and Leisure)
  • Class F1 (Learning and non-residential institutions), formerly:
  • D1 (Non-residential Institutions)
  • Class F2 (Local Community Uses)
  • A1 (Shops), D2 (Assembly and Leisure)

The planning use classes are specified by the Town and Country Planning (Use Classes) Order 1987. This order is periodically updated, and where necessary, any interpretation is subject to the judgment of the Local Planning Authority. 

Planning use classes: change of Use

Usually, a change of use of land or a building will require planning approval. Sometimes, however, a change of use of a building or land doesn’t need planning permission where the proposed use is similar to the existing one.

Permission is not usually needed when existing and proposed uses fall within the same class. Additionally, it isn’t required if the Planning Use Classes Order allows a change of class to another specified class, as detailed above. In these cases, a property’s use classification can often be changed under permitted development rights.

Permitted development rights are described here in the Town and Country Planning (General Permitted Development) (England) Order 2015. This order is altered frequently to reflect the latest government thinking for planning at a national level.

“Some changes of use are discouraged, such as changing residential property to commercial property”

The remainder of this article contains references from the previous use classes, but similar principles apply to the new classes.

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Planning Use Classes: A Worked Example

Planning permission for a change of use would not be required if a hairdresser’s unit were changing use to a pet shop (both A1). However, it would be required if a sandwich bar, where customers cannot eat in (A1), was changing use to a cafe where customers can eat on the premises (A3).

Hackney Housing by Architecture for London

The planning categories of the Use Class order are as follows:

Use Class A

A1  Shops

Shops, retail warehouses, hairdressers, travel and ticket agencies, post offices, pet shops, sandwich bars, showrooms, domestic hire shops, dry cleaners, and funeral directors. [Permitted changes: A1 or A2 and up to two flats*; Temporary (2 years) to A2, A3 or B1; C3*; A2; A3*, D2*.]

A2  Financial and professional services

Financial services such as banks and building societies, and professional services, including estate and employment agencies. [Permitted changes: A1; A1 or A2 and up to two flats*; Temporary (2 years) to A1, A3, B1; C3*; A3*; D2*.]

A3  Restaurants and cafes

Places for the sale of food and drink for consumption on the premises, including restaurants, snack bars and cafes. [Permitted changes: A1; A2; C1, C2; Temporary (2 years) to A1, A2, B1*.]

A4  Drinking establishments

Public houses, wine bars or other drinking establishments, excluding nightclubs, including drinking establishments with expanded food provision. [Permitted changes: A4 with A3.]

A5  Hot food takeaways

For the sale of hot food for consumption off the premises. [Permitted planning use classes changes: A1; A2; A3; Temporary (2 years) to A1, A2, A3 or B1*.]

Planning Use Class B

B1  Business

(a) Offices (other than those that fall within A2); (b) Research and development of products and processes. (c) Light industry appropriate in a residential area. [Permitted changes: B8; B1(a) to C3*; Temporary (2 years) to A1, A2, A3; State funded nursery or school*; B1(c) to C3*]

B2  General industrial

Use for an industrial process other than one falling within class B1. [Permitted changes: B1; B8.]

B8  Storage or distribution

This class includes open-air storage. [Permitted changes: B1; C3*.]

Use Class C

C1  Hotels

Hotels, boarding and guest houses where no significant element of care is provided (excludes hostels). [Permitted changes: State-funded nursery or school*.]

C2  Residential institutions

Residential care homes, hospitals, nursing homes, boarding schools, residential colleges and training centres. [Permitted changes: State-funded nursery or school*.]

C2A  Secure residential institutions

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, or use as a military barracks.

C3  Dwellinghouses

This planning use class is formed of 3 parts: (a) covers use by a single person or a family, an employer and certain domestic employees, a carer and the person receiving the care and a foster parent and foster child. (b) up to six people living together as a single household and receiving care. Supported housing schemes such as those for people with learning disabilities or mental health problems. (c) allows for up to six people living together as a single household. A small religious community may fall into this section, as could a homeowner who is living with a lodger. [Permitted changes: C4]

C4 Houses in multiple occupation

Small shared houses occupied by between three and six unrelated individuals, who share basic amenities such as a kitchen or bathroom. [Permitted changes: C3]

De Beauvoir house by Architecture for London

Planning Use Classes D

D1  Non-residential institutions

Clinics, health centres, crèches, day nurseries, day centres, schools, art galleries, museums, libraries, halls, places of worship, church halls, law courts. Non-residential education and training centres. [Permitted changes: Temporary (2 years) to A1, A2, A3, B1*.]

D2  Assembly and leisure

This includes cinemas, music and concert halls, bingo and dance halls (not including nightclubs), swimming baths, skating rinks, gymnasiums or areas for indoor or outdoor sports and recreation. [Permitted changes: State-funded nursery or school*; Temporary (2 years) to A1, A2, A3, B1*.]

Sui Generis

Certain uses do not fall within any planning use class and are considered ‘sui generis’. Examples include theatres, nightclubs, launderettes and casinos. [Permitted changes: Temporary (2 years) to A1, A2, A3, B1*.]

*Requires approval.

Commercial to Residential

Trends for changing planning use classes tend to fluctuate depending on the relative value of residential architectural projects and workplace architecture projects, making one or the other more desirable. Currently, the government wishes to encourage the change of use from commercial to residential, to help address the housing shortage.

Offices (B1) are able to be changed to dwellinghouses (C3) under permitted development rights, to create new homes in existing buildings. Certain areas are exempt; these are mostly in central London, but also in other areas of the southeast of England.

Primrose Hill House by Architecture for London

Permitted Development for commercial to residential will be subject to Prior Approval being sought to address possible issues in relation to contamination, flooding, highways and transport. There may also be potential noise impact issues to be assessed by the local authority. This area of planning can be quite technical. Please contact us for more specific advice in relation to a particular project.

Planning Use Classes: Permitted Development

Local planning guidelines will also determine which use changes are permitted. Local authorities often designate commercial areas with their planning guidance. These are areas where shops and offices are encouraged, and other uses are largely excluded. It can be difficult to achieve planning permission for a retail use outside of these designated zones.

“Permitted development rights are also not usually applicable in conservation areas, Areas of Outstanding Natural Beauty, National Parks, the Broads and World Heritage Sites.”

Local planning authorities are also able to remove permitted development rights in certain areas at their discretion. This means that you will require planning permission even if a change of use is generally permitted. It is prudent to check whether planning permission for your intended use is required before undertaking any building work, negotiating a lease or buying a property.

If you intend to proceed with a change of use under permitted development rights, it can be useful to apply for a lawful development certificate (LDC). This is less onerous than applying for planning permission. A LDC will confirm that your development is lawful, should you need to prove this in the future.

“A lawful development certificate may be required when you sell the property.”

Other Approvals

In some cases, a site might not require planning permission for a change of use. If there is building work involved, however, it may still require other planning approvals.

When considering your approach, it is also important to consider whether your site is part of a Conservation Area, National Park, Area of Outstanding Natural Beauty (AONB) or Site of Special Scientific Interest (SSI), or whether the building is a listed Building, locally listed or a Scheduled Monument.

Works can also be affected by Tree Preservation Orders (TPOs) that prevent the removal of specific trees or groups of trees. Specific information is widely available on local authority websites.

Stone House by Architecture for London

Other Approvals Required

You will be required to obtain Building Control approvals for most building projects. This is required separately from investigating planning use classes and obtaining planning permission. There are distinct differences in building regulation requirements for residential and commercial properties. The regulations address design and operational issues, including means of escape, energy use and accessibility. They also cover transport, construction methodology and health and safety concerns.

“Use changes can also be subject to freeholder approval. This will depend on the terms of the lease, so it is important to check the particulars for any restrictions.”

For a comprehensive discussion of the Use Classes changes, see in-depth articles by Lichfields and Savills. Related posts:

• Architect’s fees in the UK
• Finding land to build a house

 

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Please contact Architecture for London if you would like to discuss Planning Use Classes and permissions in more detail. We would be happy to arrange a meeting with an architect to discuss your project.

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Planning Use Classes FAQ