Planning Pemission and the Use Classes Order

A major overhaul of the Use Classes Order occurred in September 2020 prompted by government’s summer 2020 Planning for the Future white paper, it was widely hailed as a plan to enable the future high street and to make it easier to change between retail style uses.

The new Use Classes Order Permitted development rights – which allow for certain conversions without requiring full planning applications – were expanded.

The old 1987 use classes that determined what you could or couldn’t do with a shop, restaurant, workshop, offices, or even a gym in England were replaced.

The aim being to make it much easier to turn a newsagent into a café, or an accountant's into a crѐche (or the other way around). The legislation is the Town and Country Planning (Use Classes) (Amendment) (England) Regulations 2020

USE CLASS DESCRIPTION PERMITTED CHANGE
Class E – Commercial, business and service Use, or part use, for all or any of the following purposes:

(a) for the display or retail sale of goods, other than hot food, principally to visiting members of the public,

(b) for the sale of food and drink principally to visiting members of the public where consumption of that food and drink is mostly undertaken on the premises,

(c) for the provision of the following kinds of services principally to visiting members of the public:

(i) financial services,

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

(iii) any other services which it is appropriate to provide in a commercial, business or service locality,

(d) for indoor sport, recreation or fitness, not involving motorised vehicles or firearms, principally to visiting members of the public,

(e) for the provision of medical or health services, principally to visiting members of the public, except the use of premises attached to the residence of the consultant or practitioner,

(f) for a crèche, day nursery or day centre, not including a residential use, principally to visiting members of the public,

(g) for:

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

(ii) the research and development of products or processes, or

(iii) any industrial process, being a use, which can be carried out in any residential area without detriment to the amenity of that area by reason of noise, vibration, smell, fumes, smoke, soot, ash, dust or grit 		Class E to Class C3*

Class E to use as a state-funded school falling within Class F.1(a) and back to previous lawful use*
Class F.1 – Learning and non-residential institutions Any use not including residential use:

(a) for the provision of education,

(b) for the display of works of art (otherwise than for sale or hire),

(c) as a museum,

(d) as a public library or public reading room,

(e) as a public hall or exhibition hall,

(f) for, or in connection with, public worship or religious instruction,

(g) as a law court 		None currently applicable.
Class F.2 – Local community Use as:

(a) a shop mostly selling essential goods, including food, to visiting members of the public in circumstances where:

(i) the shop’s premises cover an area not more than 280 metres square, and

(ii) there is no other such facility within 1000 metre radius of the shop’s location,

(b) a hall or meeting place for the principal use of the local community,

(c) an area or place for outdoor sport or recreation, not involving motorised vehicles or firearms,

(d) an indoor or outdoor swimming pool or skating rink 		None currently applicable.
Class B2 – General industrial Use for the carrying on of an industrial process other than one falling within the uses described in Class E Permitted change to Class B8
Permitted change to Class B8 is subject to total floorspace being no greater than 500sqm of floorspace in the building
Temporary permitted change (1 year) to a state funded school
Class B8 – Storage or distribution Use for storage or as a distribution centre. Temporary change (1 year) to state-funded school.
Class C1 – Hotels Use as a hotel or as a boarding or guest house where, in each case, no significant element of care is provided Permitted change to state-funded school and back to previous lawful use^
Class C2 – Residential institutions Use for the provision of residential accommodation and care to people in need of care (other than a use within Class C3 (dwellinghouses))

Use as a hospital or nursing home

Use as a residential school, college or training centre 		Permitted change to state-funded school or nursery and back to previous lawful use^
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 or use as military barracks Permitted change to state-funded school or nursery and back to previous lawful use^
Class C3 – Dwellinghouses Use as a dwellinghouse (whether or not as a sole or main residence) by:

(a) a single person or by people to be regarded as forming a single household,

(b) not more than six residents living together as a single household where care is provided for residents,

(c) not more than six residents living together as a single household where no care is provided to residents (other than a use within Class C4) 		Permitted change to Class C4.
Class C4 – House in multiple occupation Use of a dwellinghouse by not more than six residents as a HMO Permitted change to Class C3.
Sui generis – No class specified Includes:

(a) as a theatre,

(b) as an amusement arcade or centre, or a funfair,

(c) as a launderette,

(d) for the sale of fuel for motor vehicles,

(e) for the sale or display for sale of motor vehicles,

(f) for a taxi business or business for the hire of motor vehicles,

(g) as a scrapyard, or a yard for the storage or distribution of minerals or the breaking of motor vehicles,

(h) for any work registrable under the Alkali, etc. Works Regulation Act 1906,

(i) as a hostel,

(j) as a waste disposal installation for the incineration, chemical treatment or landfill of hazardous waste,

(k) as a retail warehouse club being a retail club where goods are sold, or displayed for sale, only to persons who are members of that club,

(l) as a night-club,

(m) as a casino,

(n) as a betting office,

(o) as a pay day loan shop,

(p) as a public house, wine bar, or drinking establishment,

(q) as a drinking establishment with expanded food provision,

(r) as a hot food takeaway for the sale of hot food where consumption of that food is mostly undertaken off the premises,

(s) as a venue for live music performance,

(t) a cinema,

(u) a concert hall,

(v) a bingo hall,

(x) a dance hall 		Amusement centre or casino to Class C3 (subject to total floorspace being no greater than 150sqm of floorspace in the building)*

Casino, betting office, pay day loan shop or hot food takeaway to commercial, business and service (use class E).

Betting office or pay day loan shop or laundrette to former Class B1(a) subject to total floorspace being no greater than 500sqm of floorspace in the building*

Betting office or pay day loan shop or laundrette to Class C3 subject to total floorspace being no greater than 150sqm of floorspace in the building**

Mix of uses comprising of commercial, business and service (Class E) or betting office or pay day loan shop and up to two flats (Class C3) (if display window at ground floor level).

Temporary permitted change (3 years) to former Classes A1, A2, A3, B1, public library, exhibition hall, museum, clinic or health centre