Commercial Property – Update to the Use Classes Order

On 1st September 2020 The Town and Country Planning (Use Classes) (Amendment) (England) Regulations 2020 brought in various changes to the planning use classes. 

What are planning use classes?

Use classes categorise the different uses of property in England. Planning permission is required where the propertys proposed use is different to the class it holds.

The new classes which have been created are detailed below:

Class E – an intentionally wide class which covers offices, retail, some food and drink businesses, healthcare, service uses and more;

Class F.1 – covers learning and non-residential institutions (e.g. schools and libraries); and

Class F.2 – covers local community and includes community halls, small local shops and sport facilities.

Other uses have been re-categorised under the separate, use class ‘sui generis’ preventing an easy change of use for such properties. 

Permitted development rights allow for changes of use from one class to another without planning permission as such. For this to happen, the Local Planning Authority would need to sign this off. There will be no changes to these rights until 31st July 2021.

UseUse Class – before 01 September 2020Use Class – after 01 September 2020
ShopsA1E
Financial and professional servicesA2E
Food and Drink – Café or restaurant (mainly on the premises)A3E
Business, other than those within class A2B1E
Non-residential institutions (i.e nurseries)D1E
Assembly and Leisure (sports facilities and gyms)D2E
Non-residential institutions (education, art gallery, museum, public exhibition hall, public library,  places of worship and law courts)D1F.1
Local community – Shop no larger than 280sqm (selling mostly essential goods and at least 1km from another similar shop), community hall, community swimming pools and ice skating rinksA1F.2
Pub, bar, any drinking establishmentA4Sui generis
Hot Food TakeawayA5Sui generis
Cinema, Concert Hall, Bingo Hall, Dance Hall, Live music venueD2Sui generis

What does this mean for you and your business?

If your property’s use now falls under class E, you will benefit from a wider class and have more flexibility as to what you can use the property for.

Some properties may be restricted by the recent development. For example, pubs and cinemas will not benefit from this amendment and must still obtain planning permission to change the use.

If you require any further information, please call our team on 01942 206060 or e-mail Gemma.Eastham@wigansolicitors.com

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