Detailed Analysis of Specific Use Classes
Class E: The New Commercial Use Class
Class E was created to consolidate and simplify several previous use classes, including:
- Class A1 (Shops)
- Class A2 (Financial and Professional Services)
- Class A3 (Restaurants and Cafes)
- Class B1 (Business)
This new class allows for a flexible mix of uses within commercial properties, facilitating easier adaptation to market demands without the need for multiple planning applications.
Class C: Residential Use
Class C includes:
- C1: Hotels
- C2: Residential Institutions (e.g., care homes, hospitals)
- C3: Dwelling Houses (e.g., houses, flats)
- C4: Houses in Multiple Occupation (HMOs)
Class D1 and D2: Non-Residential Institutions and Assembly and Leisure
Class D1 (Non-Residential Institutions) and Class D2 (Assembly and Leisure) have been replaced by new use classes F1 and F2, effective from July 2021. These classes cover uses such as schools, libraries, places of worship, and community halls (F1), and smaller-scale local community uses, such as community halls and sports facilities (F2), introduced in July 2021.
Amendments to the Use Classes Order
The Use Classes Order 1987 was significantly amended by the Town and Country Planning (Use Classes) (Amendment) (England) Regulations 2020, which took effect on 1st September 2020. These amendments introduced new use classes and revised existing ones to better reflect modern commercial realities and community needs, falling within the framework of the Country Planning Act.
Permitted Development Rights and Planning Permissions
Certain changes of use can be carried out under permitted development rights, meaning they do not require a full planning application. However, other changes will need planning permission. The General Permitted Development Order 2015 outlines these rights and any conditions that apply.
Change of Use Without Planning Permission
Changes within the same use class, such as moving from a retail shop to a restaurant within Class E, can generally be done without planning permission. However, changes between different classes often require a planning application.
Change of Use to Specific Classes
Change of Use to A3 (Restaurants and Cafes)
Class A3 Includes establishments where food and drink are sold for consumption on the premises, falling within Class E. Changing a property’s use to A3 typically requires planning permission. Factors considered include:
- Impact on local traffic and parking
- Noise and disturbance to neighboring properties
- Odor control measures
Change of Use to A5 (Hot Food Takeaways)
Class A5 covers properties where hot food is sold for consumption off the premises. Changing to A5 use also requires planning permission, with considerations similar to A3, plus:
- Litter and waste management
- Anti-social behavior in the vicinity, potentially addressed under relevant legislation.
Change of Use to D1 (Non-Residential Institutions)
Class D1 includes non-residential institutions like medical centers, day nurseries, schools, and places of worship. A change to D1 use necessitates planning permission, evaluating:
- Accessibility and parking facilities
- Impact on community amenities
- Suitability of the building for institutional use
Contact Us Today
Contact A&A Party Wall Surveyors today to schedule a consultation and take the first step towards successful property development. With our expertise and dedication to excellence, we’ll help you navigate the complexities of planning use classes and achieve your property goals.
