Use classes - Changes

When is planning permission required?

The basic rule is that planning permission is required from the relevant local planning authority for any operational development. However, few people realise that a change of use of a property can amount to a development if the change of use is material.

Although the law does not define what is meant by 'material', the Town and Country Planning Act 1990 (TCPA 1990) declares the following to be material changes of use:

• The use as two or more separate dwelling houses of any building previously used as a single dwelling house;
• The deposit of refuse or waste materials.

The Town and County Planning (Use Classes) Order 1987 (the Order)

The Order lists various categories and uses. If there is a change of use within the same category, the change will not amount to a development.

If there is a change of use from one purpose to another, within a different category, this will be a development, subject to whether or not the change of use is material.

Changes to the Order

Following consultation about the changes necessary to reflect current circumstances and to ensure the Order remains an effective tool, changes to the Order came into effect on 21st April 2005.

The main changes include:

• Use as a retail warehouse club and night-club has been removed from the Order and as a result, will always require planning permission.
• 'Shops' has been widened to include Internet Cafes.
• The category 'Food and Drink' has been replaced by three new categories:
• Restaurants and Cafes;
• Drinking Establishments; and
• Hot Food Takeaways

The changes to the Order are principally of interest to owners of business properties.

Impact on leases

Where an existing lease permits the use of the premises for a use defined by specific reference to the Order, the use permitted will not change.

However, under the new regime, where a tenant wishes to change from a current use permitted under the lease (e.g. restaurant) to another use also permitted under the lease (e.g. takeaway), the tenant may now be required to obtain planning permission.

Previously, both uses would have come under the same class and not required planning permission.

This bulletin is not intended to be comprehensive or to provide specific legal advice. It should not be relied upon in the absence of specific advice given in relation to particular circumstances.

For further information on this or any related topic please contact Lewis Denton or Adam Chapman.