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What is Change of Use Planning?

 

Change of use planning is required when it is proposed to alter the use class of an existing premise to a different use class. A change of use planning application requires planning permission in the majority of cases, although there are a number of exceptions where this is not required as the change of use is covered under permitted development/prior approval.

A planning consultant will be able to advise on the requirements of obtaining planning permission or proceeding under permitted development. Should the change of use planning also involve external works to the building then planning permission will be required for these as well.

Change of use planning is not always a straightforward process or guarantee, and it therefore important to understand the constraints and application legislation/planning policy when appraising an opportunity.

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What are the different types of change of use planning?

When assessing the requirement for change of use planning it is important to understand the different types of use classes and how these relate to the intended use of the building.

To be certain of the existing use class of a building to enable a fully considered approach to change of use planning you can apply for a Lawful Development Certificate. This is not compulsory although sometimes required to confirm use or operation. Issues around Lawful Development Certificates can be complex and it is recommend that a planning consultant is engaged to appropriately advise on the necessary requirements.

A use class is defined under the Town and County Planning (Use Classes) Order 1987, and these are divided under different categories. The importance of change of use planning is in order to ensure that there are a sufficient number of buildings within a certain use class within a given area to adequately support the local community.

Some of the most common types of use class types are as follows:

  • A1 (shops)
  • A2(professional and financial services)
  • A3(restaurants and cafes
  • A4(drinking establishments)
  • A5(hot food takeaways)
  • B1 (Business – offices, research and development, light industrial)
  • B2(general industrial)
  • B8(storage and distribution)
  • C1(hotels)
  • C2(residential institutions) / C2A (secure residential institutions)
  • C3 (dwellinghouses)
  • C4 (small houses in multiple occupation)
  • D2(assembly and leisure)

What is the process for change of use planning?

 

As expressed above, the first thing to consider when assessing change of use planning is whether planning permission is actually required. Dependent upon the existing use class and proposed use class change of use planning may not be required. Although it is worth remembering that even if planning permission is not required for change of use, planning permission may be required for any external alterations.

Once an assessment has been made and ideally consultation with a planning consultant undertaken an application can be made. The application for change of use planning is a relatively simple and straightforward process.

Sometimes, change of use planning does not required a planning application and instead can be dealt with via prior approval This option is adopted when the change of use is covered under permitted development, although the local planning authority need to confirm this. In some cases local planning authorities will have put in place an Article 4 Directive, which may apply in certain geographical locations within the local authorities remit. If this is in place then planning permission will be required irrelevant of permitted development rights.

A change of use planning application normally takes around eight weeks to be processed, although for more complex changes it can take longer and the local planning authority will advise accordingly.

 

Why should I apply for change of use planning?

 

First and foremost if you require change of use planning and do not obtain this then you will be in breach of planning control regarding the occupation of the property. The local planning authority may enforce against you. Protection against enforcement may be possible and is related to how long the premises have been used in their current use. The protections are different if occupied for four years or ten years and a planning consultant will be able to advise accordingly.

 

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