Planning use classes are a fundamental aspect of the UK's planning system, designed to promote effective land use and harmonious development across urban and rural areas. By categorizing land and buildings into specific use classes, the system aims to prevent conflicts between incompatible uses—for example, separating industrial activities from residential neighborhoods.

Recent Reforms and Updates

Introduction of Class E

On 1 September 2020, significant reforms were introduced to the Town and Country Planning (Use Classes) Order 1987 in England. One of the most notable changes was the creation of Class E: Commercial, Business, and Service, which amalgamated several former use classes to provide greater flexibility for property uses.

Class E encompasses the following uses:

  • E(a): Display or retail sale of goods (excluding hot food)

  • E(b): Sale of food and drink for consumption on the premises

  • E(c): Provision of financial, professional, or other appropriate services in a commercial, business, or service locality

  • E(d): Indoor sport, recreation, or fitness (excluding motorized vehicles or firearms)

  • E(e): Provision of medical or health services (excluding the residence of the practitioner)

  • E(f): Crèche, day nursery, or day centre (excluding residential use)

  • E(g): Offices, research and development, or industrial processes suitable in a residential area

This consolidation allows for changes within Class E without the need for planning permission, thereby simplifying the process for adapting properties to different commercial uses.

Introduction of Classes F1 and F2

The reforms also introduced two new classes:

  • Class F1: Learning and Non-Residential Institutions, which includes uses such as schools, libraries, museums, places of worship, and law courts.

  • Class F2: Local Community Uses, encompassing small shops selling essential goods (under 280 square meters and not within 1,000 meters of another similar shop), community halls, outdoor sports areas, and indoor or outdoor swimming pools and skating rinks.

These classes aim to protect community-focused services and facilities by maintaining distinct categories for their uses.

Sui Generis Category

Certain uses do not fall within any specific class and are categorized as "sui generis," meaning "of its own kind." This category includes uses such as pubs, hot food takeaways, cinemas, nightclubs, and betting shops. Changes to or from sui generis uses typically require planning permission, reflecting the unique nature of these establishments.

Detailed Overview of Use Classes

Use Class B: Industrial and Storage

  • B2: General Industrial
    Use for industrial processes other than those falling within Class E(g).
    Permitted changes: B1; B8.

  • B8: Storage or Distribution
    Includes open-air storage.
    Permitted changes: B1; C3 (subject to prior approval).

Use Class C: Residential

  • C1: Hotels
    Hotels, boarding, and guest houses where no significant element of care is provided (excluding hostels).
    Permitted changes: Subject to planning permission.

  • C2: Residential Institutions
    Residential care homes, hospitals, nursing homes, boarding schools, residential colleges, and training centres.
    Permitted changes: Subject to planning permission.

  • C2A: Secure Residential Institutions
    Secure residential accommodation, including prisons, young offenders' institutions, detention centres, secure training centres, custody centres, short-term holding centres, secure hospitals, secure local authority accommodation, or use as a military barracks.

  • C3: Dwellinghouses
    This class is formed of three parts:

    • C3(a): Use by a single person or a family.

    • C3(b): Up to six people living together as a single household and receiving care.

    • C3(c): Groups of up to six people living together as a single household.
      Permitted changes: C4.

  • C4: Houses in Multiple Occupation (HMOs)
    Small shared houses occupied by between three and six unrelated individuals who share basic amenities such as a kitchen or bathroom.
    Permitted changes: C3.

Use Class F: Learning and Community

  • F1: Learning and Non-Residential Institutions
    Includes education facilities, art galleries, museums, public libraries, public halls, exhibition halls, places of worship, and law courts.

  • F2: Local Community Uses
    Includes small shops (under 280 square meters) selling essential goods, community halls, outdoor sports areas, and indoor or outdoor swimming pools and skating rinks.

Sui Generis Uses

Some property uses are classified as sui generis, meaning they do not fall within any specific use class and are considered unique. Examples include theatres, nightclubs, launderettes, betting shops, and takeaways—changes to or from these uses typically require planning permission.

Change of Use and Permitted Development

Generally, changing the use of land or buildings requires planning permission. However, some changes are permitted without the need for a full planning application, known as "permitted development rights." These rights allow certain changes of use within the same class or to another specified class, subject to conditions and limitations.

For example, the introduction of Class MA in August 2021 permits the change of use from Class E (commercial, business, and service) to Class C3 (dwellinghouses) under specific conditions, including:

  • The building must have been in Class E use for at least two years.

  • The building must have been vacant for a continuous period of at least three months prior to the application.

  • The cumulative floor space of the existing building must not exceed 1,500 square meters.

It's important to note that permitted development rights may be restricted or removed in certain areas, such as conservation areas, Areas of Outstanding Natural Beauty (AONBs), National Parks, and World Heritage Sites. Local planning authorities can also issue Article 4 Directions to remove specific permitted development rights in defined areas.

Other Considerations

Even if a change of use does not require planning permission, other approvals may be necessary:

  • Building Regulations Approval: Most building projects require approval to ensure compliance with building regulations, which address design and operational issues, including means of escape, energy use, and accessibility.

  • Listed Building Consent: If the building is listed, any alterations may require listed building consent.

  • Freeholder Approval: Lease agreements may contain restrictions on changes of use, requiring the freeholder's consent.

  • Lawful Development Certificate (LDC): Applying for an LDC can provide formal confirmation that a proposed change of use is lawful, which can be useful when selling the property or for future reference.

Conclusion

The reforms to the planning use class system in England, particularly the introduction of Class E, have significantly increased the flexibility for property owners and developers to adapt buildings to changing market demands. By understanding the current classifications and associated permitted development rights, stakeholders can make informed decisions and navigate the planning process more efficiently.