Securing Planning Permission for a Change of Use

The Town and Country Planning (Use Classes) Order 1987 organises the uses of land and buildings into various categories known as “use classes” and it is sometimes necessary to apply for permission for land or a building to move from one use to another.

The four main categories in which land and buildings are organised, are as follows:

• Class A: Shops, financial and professional services, restaurants and cafes, drinking establishments and hot food takeaways.

• Class B: Offices, general industrial and storage or distribution.

• Class C: Hotels, residential institutions, dwellinghouses and houses in multiple occupation.

• Class D: Non-residential institutions and assembly and leisure.

Not every use falls within these categories and are sometimes referred to as ‘Sui Generis’ uses. These include but are not limited to: theatres, launderettes, hostels, motor trade and nightclubs.

There are various ways in which to change the use of a building or land and it can sometimes be confusing, for example, it may be appropriate to apply for a temporary permission, prior approval application, or a full planning application.

Temporary Permissions

In some instances, only a temporary change of use permission may be required. In a bid to encourage new businesses and pop-up shops there has been a large stride towards the temporary change of use within retail use for a period of two years.

The Prior Approval Process

Usually permission will be required to change from one use class to another. This is done to regulate the use of buildings.

In some instances, a change of use can be undertaken through the ‘prior approval’ process, rather than a full planning application. This process can be utilised between specific uses, and where certain criteria are met, which could include an assessment of highways impacts, noise impacts, flood risk etc. Some examples of prior approval provisions are:

• Class M: Mixed uses to Residential

• Class C: Retails to Restaurant/Café

• Class J: Retails to Assembly/Leisure

• Class JA: Retail/Takeaway to Office

• Class O: Office to Residential

• Class PA: Light Industrial to Residential

• Class Q: Agricultural to Residential.

When Full Planning is required

It is not always possible to utilise the change of use and prior approval method towards planning. Where proposals are not eligible, a full planning application will be required. One of the most common restrictions that will result in the need for a full planning is when the land or building has a specific designation, for example if it within a conservation area and/or is a listed building. A full planning application would also be required when the existing or proposed use falls within a Sui Generis use or where permitted development rights have been removed.

How we can help

Trying to establish the best planning application route for your development can be a difficult and confusing process. At ADP we have extensive knowledge and past experience of the change of use and prior approval planning process. If you yourself are considering this route, we would be happy to discuss and guide you through this process.

Please contact us at mail@adpltd.co.uk or use the form below.