Change Of Use

Class A is revoked from 1 September 2020.

Changes to Use Classes from 1 September 2020

From 1 September 2020, for purposes of Use Class, A1/2/3 & B1 to be treated as Class E
For any planning applications submitted before 1 September 2020, the Use Classes in effect when the application was submitted will be used to determine the application.
For any reference to Permitted Development rights, and for restrictions to them or applications for Prior Approval, the Use Classes in effect prior to 1 September 2020 will be the ones used until the end of July 2021 (this is defined as the ‘material period’ in legislation so may be referred to as such).
Class A 1/2/3 are effectively replaced with the new Class E(a,b,c)
A4/5 uses are not covered by the new Class E and become defined as ‘Sui Generis’
A1 Shops - Shops, retail warehouses, hairdressers, undertakers, travel and ticket agencies, post offices, pet shops, sandwich bars, showrooms, domestic hire shops, dry cleaners, funeral directors and internet cafes
A2 Financial and professional services - Financial services such as banks and building societies, professional services (other than health and medical services) and including estate and employment agencies. It does not include betting offices or pay day loan shops - these are now classed as “sui generis” uses (see below)
A3 Restaurants and cafés - For the sale of food and drink for consumption on the premises - restaurants, snack bars and cafes
A4 Drinking establishments - Public houses, wine bars or other drinking establishments (but not night clubs) including drinking establishments with expanded food provision
A5 Hot food takeaways - For the sale of hot food for consumption off the premises.

Class B

B1 Business is revoked from 1 September 2020. It is effectively replaced with the new Class E(g).

It is included here for reference and use in specific situations where it remains valid (as detailed above).

B1 Business – Uses which can be carried out in a residential area without detriment to its amenity. This class is formed of three parts:
- B1(a) Offices - Other than a use within Class A2 (see above)
- B1(b) Research and development of products or processes
- B1(c) Industrial processes

Uses B2 and B8 remain valid.

B2 General industrial - Use for industrial process other than one falling within class E(g) (previously class B1) (excluding incineration purposes, chemical treatment or landfill or hazardous waste)
B8 Storage or distribution - This class includes open air storage.

Use Class A4 - Drinking Establishments

A3 Restaurants and cafés - For the sale of food and drink for consumption on the premises - restaurants, snack bars and cafes

A4 Drinking establishments - Public houses, wine bars or other drinking establishments (but not night clubs) including drinking establishments with expanded food provision

Do I need Planning Permission to change to A4 Usage?
A4 is use for:
(a) a public house,
(b) wine-bar,
(c) or any other drinking establishment
i.e premises where the primary purposes is the sale and consumption of alcoholic drinks on the premises.
Permitted Change from A4
A1, A2 or A3

A5 is use for - The sale of hot food for consumption off the premises.

A5 Hot food takeaways - For the sale of hot food for consumption off the premises.

Do I need Planning Permission to change to A5 Usage?
A5 is use for:
The sale of hot food for consumption off the premises.
i.e. premises where the primary purpose is the sale of hot food to take away
Permitted Change from A5 Use Class
Properties that are designated as A5 planning usage can be changed to A1 Shops, A2 Financial and Professional Services or A3 Restaurant, providing that the application is of a satisfactory standard. Changes to other uses are certainly possible but will require substantial work to gain approval.
Matters To Consider when Changing to A5 Use Class
An application to change the use of a property to A5 to be used as a hot food-take away is likely to face several challenges.

Our team work closely with our clients, delivering both an expert and intuitive approach to their development. It is our intention to use our expertise to inform our clients and produce a service that delivers the intended design, function and value for money of both design and outcome. Although councils will attach great importance to the design and planning drawings and can refuse a development of poor design, their planning policies considerations and decisions can vary and there are many issues that need to be considered. Our vast experience in architectural design, planning and preparation of planning drawings, allows our team to articulate any findings within the development process to achieve effective results.

Class C

Class C is not affected by the 1 September 2020 changes.

C1 Hotels - Hotels, boarding and guest houses where no significant element of care is provided (excludes hostels)
C2 Residential institutions - Residential care homes, hospitals, nursing homes, boarding schools, residential colleges and training centres
C2A Secure Residential Institution - Use for a 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 a military barracks
C3 Dwellinghouses - This class is formed of three parts
- C3(a) covers use by a single person or a family (a couple whether married or not, a person related to one another with members of the family of one of the couple to be treated as members of the family of the other), an employer and certain domestic employees (such as an au pair, nanny, nurse, governess, servant, chauffeur, gardener, secretary and personal assistant), a carer and the person receiving the care and a foster parent and foster child
- C3(b) covers up to six people living together as a single household and receiving care e.g. supported housing schemes such as those for people with learning disabilities or mental health problems
- C3(c) allows for groups of people (up to six) living together as a single household. This allows for those groupings that do not fall within the C4 HMO definition, but which fell within the previous C3 use class, to be provided for i.e. a small religious community may fall into this section as could a homeowner who is living with a lodger
C4 Houses in multiple occupation - Small shared houses occupied by between three and six unrelated individuals, as their only or main residence, who share basic amenities such as a kitchen or bathroom.

Use Class D1 Non Residential Institutions

Class D

Class D is revoked from 1 September 2020.

D1 is split out and replaced by the new Classes E(e-f) and F1
D2 is split out and replaced by the new Classes E(d) and F2(c-d) as well as several newly defined ‘Sui Generis’ uses.

It is included here for reference and use in specific situations where it remains valid (as detailed above).

D1 Non-residential institutions - Clinics, health centres, crèches, day nurseries, day centres, schools, art galleries (other than for sale or hire), museums, libraries, halls, places of worship, church halls, law court. Non-residential education and training centres
D2 Assembly and leisure - Cinemas, music and concert halls, bingo and dance halls (but not night clubs), swimming baths, skating rinks, gymnasiums or area for indoor or outdoor sports and recreations (except for motor sports, or where firearms are used).

Class E - Commercial, Business and Service

Class E is introduced from 1 September 2020.

In 11 parts, Class E more broadly covers uses previously defined in the revoked Classes A1/2/3, B1, D1(a-b) and ‘indoor sport’ from D2(e):

E(a) Display or retail sale of goods, other than hot food
E(b) Sale of food and drink for consumption (mostly) on the premises
E(c) Provision of:
- E(c)(i) Financial services,
- E(c)(ii) Professional services (other than health or medical services), or
- E(c)(iii) Other appropriate services in a commercial, business or service locality
E(d) Indoor sport, recreation or fitness (not involving motorised vehicles or firearms)
E(e) Provision of medical or health services (except the use of premises attached to the residence of the consultant or practitioner)
E(f) Creche, day nursery or day centre (not including a residential use)
E(g) Uses which can be carried out in a residential area without detriment to its amenity:
- E(g)(i) Offices to carry out any operational or administrative functions,
- E(g)(ii) Research and development of products or processes
- E(g)(iii) Industrial processes

Class F - Local Community and Learning

Class F is introduced from 1 September 2020.

In two main parts, Class F covers uses previously defined in the revoked classes D1, ‘outdoor sport’, ‘swimming pools’ and ‘skating rinks’ from D2(e), as well as newly defined local community uses.

F1 Learning and non-residential institutions – Use (not including residential use) defined in 7 parts:
- F1(a) Provision of education
- F1(b) Display of works of art (otherwise than for sale or hire)
- F1(c) Museums
- F1(d) Public libraries or public reading rooms
- F1(e) Public halls or exhibition halls
- F1(f) Public worship or religious instruction (or in connection with such use)
- F1(g) Law courts
F2 Local community – Use as defined in 4 parts:
- F2(a) Shops (mostly) selling essential goods, including food, where the shop’s premises do not exceed 280 square metres and there is no other such facility within 1000 metres
- F2(b) Halls or meeting places for the principal use of the local community
- F2(c) Areas or places for outdoor sport or recreation (not involving motorised vehicles or firearms)
- F2(d) Indoor or outdoor swimming pools or skating rinks

Sui Generis

'Sui generis' is a Latin term that, in this context, means ‘in a class of its own’.

Certain uses are specifically defined and excluded from classification by legislation, and therefore become ‘sui generis’. These are:

theatres
amusement arcades/centres or funfairs
launderettes
fuel stations
hiring, selling and/or displaying motor vehicles
taxi businesses
scrap yards, or a yard for the storage/distribution of minerals and/or the breaking of motor vehicles
‘Alkali work’ (any work registerable under the Alkali, etc. Works Regulation Act 1906 (as amended))
hostels (providing no significant element of care)
waste disposal installations for the incineration, chemical treatment or landfill of hazardous waste
retail warehouse clubs
nightclubs
casinos
betting offices/shops
pay day loan shops
public houses, wine bars, or drinking establishments – from 1 September 2020, previously Class A4
drinking establishments with expanded food provision – from 1 September 2020, previously Class A4
hot food takeaways (for the sale of hot food where consumption of that food is mostly undertaken off the premises) – from 1 September 2020, previously Class A5
venues for live music performance – newly defined as ‘Sui Generis’ use from 1 September 2020
cinemas – from 1 September 2020, previously Class D2(a)
concert halls – from 1 September 2020, previously Class D2(b)
bingo halls – from 1 September 2020, previously Class D2(c)
dance halls – from 1 September 2020, previously Class D2(d)

Other uses become ‘sui generis’ where they fall outside the defined limits of any other use class.

For example, C4 (Houses in multiple occupation) is limited to houses with no more than six residents. Therefore, houses in multiple occupation with more than six residents become a ‘sui generis’ use.

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