Do you need planning permission for change of use?
One of the areas of planning law that is frequently misunderstood is use classes and change of use. Before you buy or rent a commercial property you should always check with the local planning authority the currently authorised use. Uses are divided into use classes and to switch from one use to another may or may not require planning permission.
These are the most common use classes:
A1 - Shops
A2 - Financial and Professional Services
A3 - Restaurants and Cafes
A4 - Drinking Establishments
A5 - Hot Food Takeaways
B1 - Business
B2 - General Industry
B8 - Storage and Distribution
C1 - Hotels
C2 - Residential Institutions
C3 - Dwelling Houses
D1 - Non-residential institutions
D2 - Assembly and leisure
Unfortunately, those general classes can cover a variety of different specific uses. For example, B1 - Business covers offices that don't fall within Class A2, research and development, studios, laboratories, high technology and light industry.
If you have any doubt about the class under which your specific use falls, the local planning authority should be able to advise.
Being able to change use class without having to make a planning application is obviously very useful.
These are the use classes where a change of class is permitted:
A2 - permitted change to A1 where a ground floor display window exists
A3 - permitted change to A1 or A2
A4 - permitted change to A1, A2 or A3
A5 - permitted change to A1, A2 or A3
B1 - permitted change to B8 where no more than 235sq m
B2 - permitted change to B1 or B8 (B8 limited to 235sq m)
B8 - permitted change to B1 where no more than 235sq m
Finally some uses are described as
sui generis (lawyers can't resist using a bit of Latin). A literal translation is 'of it's own kind' and it applies to uses that don't fall within any of the other use classes.
Examples of
sui generis uses are: sale of motor vehicles, launderettes, petrol filling stations, theatres and night-clubs. If your use is
sui generis then unless you are taking over premises which already have specific planning permission for that use, you will always need planning permission before you commence trading.
Your lawyer should be advising you on any planning consent issues before you commit to purchasing any commercial property. For advice on this and other issues relating to commercial property purchase either speak to Steve Petty direct on 01926 629005 or contact Cousins Business Law here.
Article added: 11 August 2008 © Cousins Business Law
This article is not intended to constitute legal advice, nor is it intended to be a complete and authoritative statement of the law, and what we say might be out of date by the time you read it. You should always seek legal advice to confirm whether or how any information in this article applies to your particular situation. We offer a free telephone consultation to discuss your particular circumstances.
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