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.
|Use||Use Class – before 01 September 2020||Use Class – after 01 September 2020|
|Financial and professional services||A2||E|
|Food and Drink – Café or restaurant (mainly on the premises)||A3||E|
|Business, other than those within class A2||B1||E|
|Non-residential institutions (i.e nurseries)||D1||E|
|Assembly and Leisure (sports facilities and gyms)||D2||E|
|Non-residential institutions (education, art gallery, museum, public exhibition hall, public library, places of worship and law courts)||D1||F.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 rinks||A1||F.2|
|Pub, bar, any drinking establishment||A4||Sui generis|
|Hot Food Takeaway||A5||Sui generis|
|Cinema, Concert Hall, Bingo Hall, Dance Hall, Live music venue||D2||Sui 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