Out-Law Guide | 03 Sep 2020 | 3:37 pm | 6 min. read
The amendments made to planning regulation largely take effect from 1 September 2020.
The changes to the use classes are currently subject to judicial review. It is
anticipated that the challenge will be heard during the period 8 – 15 October. This
guide reflects the position before that hearing takes place.
The Town and Country Planning (Use Classes) (Amendment) (England) Regulations 2020 amend the Town and Country Planning (Use Classes) Order 1987 and introduce significant changes to the system of 'use classes'.
In force from 1 September 2020, subject to certain transitional provisions, the core changes include the recalibration of the classification of uses of property. Classes A, B1 and D1, applicable to retail, office and non-residential institutions and assembly and leisure uses respectively, are removed and new use classes introduced in their place. The new Class E encompasses commercial, business and service, while the new F.1 and F.2 apply to learning and non-residential institutions and local community use respectively.
In addition, some uses which were previously given their own use class have been moved into the 'sui generis' category, meaning they will from now belong to no specific class. Changes to and from these uses will be subject to full local consideration through the planning application process.
The residential (C classes), general industrial (B2) and storage and distribution (B8) use classes remain unchanged, except for a new cross reference in the B2 class to the new Class E ‘commercial’ use class.
The table below provides a brief summary of how uses will be reclassified from 1 September 2020:
|Use||Use class until 31 August 2020||Use class from 1 September 2020|
|Financial & Professional Services||A2||E|
Food & Drink (mainly on the premises)
|Business (office, research and development and light industrial process)||B1||E|
|Non-residential institutions (medical or health services, crèches, day nurseries and centres)||D1||E|
|Assembly and Leisure (indoor sport, recreation or fitness, gyms)||D2||E|
|Non-residential institutions (education, art gallery, museum, public library, public exhibition hall, places of worship, law courts)||D1||F.1|
Shop no larger that 280sqm (selling mostly essential goods and at least 1km from another similar shop); community hall, outdoor sport/recreation area, indoor or outdoor swimming pool, skating rink
|Public House, wine bar, drinking establishment||A4||Sui generis|
|Hot Food Takeaway||A5||Sui generis|
Cinema, Concert Hall, Bingo Hall, Dance Hall, Live music venue
The government has said that the main driver of change has been the need to enable a repurposing of buildings on high streets and town centres. The new Class E allows for a mix of uses to reflect changing retail requirements. It will allow a building to be used flexibly by having a number of uses taking place concurrently or by allowing different uses to take place at different times of the day. Changes to another use, or mix of uses, within this class will not require planning permission.
The new concept of 'Local Community' uses – Class F2 – has been introduced to ensure important community facilities are protected through the planning system. Again, changes of use within this class do not require planning permission.
The new regulations contain some detailed transitional provisions which will affect how and when changes take effect in practice.
From 1 September 2020 onwards, if a building or other land is being used in a way falling within Class A1 (shops), A2 (financial and professional services), A3 (restaurants and cafés) or B1 (business) then it will be treated as though it is being used for a purpose specified in the new Class E. Change of use to another use within Class E will be allowed without the need for planning permission.
If the building is not being used or occupied for the use permitted under an existing planning permission, it will need to be brought into that use before it can then change to another use within Class E.
From 1 September 2020 until 31 July 2021, change of use permitted development rights set out in the GPDO will continue to be applied based on the existing use classes, as they exist on 31 August 2020. New permitted development rights will be introduced from 1 August 2021.
Applications for planning permission, permission in principle or approval of reserved matters under an outline application, which are submitted before 1 September 2020 and refer to the existing use classes, must be determined by the local planning authority using the existing use classes rather than the new ones.
Planning practice guidance is to be updated to reflect the new changes before they come into effect on 1 September 2020.
03 Sep 2020
03 Sep 2020