Change of Use Applications
Use Classes apply to both property and land in England, and the classes upon which they are categorised are decided by the Town and Country Planning Order 1987. The Business and Planning Act 2020 made some significant changes to the categorisation of the Use Classes but most building and land throughout England will fall into a Use Class. To a certain degree, the Use Class determines what a particular property can be used for, such as commercial, retail or residential.
We have experience in processing Change of Use applications, which in some cases can apply to residential properties. Depending on your project, these can be submitted as part of a full planning application for clients who wish to not only undertake work on their house, but sometimes the land surrounding their property too. Common examples of Change of Use applications are the conversion from Agricultural Land to Equestrian, or alternatively converting an old barn to a detached office which resides in the curtilage of your house could mean that a Change of Use Application is needed.
As a simple guideline for Change of Use, if the proposed use and the present use fall within the same class, for example a café turning into a restaurant, then a planning application is not needed. If the use is changing from one class to another then typically planning permission is needed, but there are certain exceptions to this rule so it is always best to make contact with your local authority.
Change of use can also be for materials on both building and land, which is considered as a form of development and in these cases planning permission is also required.
Some buildings do not fall into any class, and these are known as Sui Generis and include properties such as Casinos or Agricultural Buildings however, these can still be subject to planning permission.
Planning rules are always subject to change, so it is best to check on whether you need planning permission to change the use of your property.
The Planning Portal offers a detailed breakdown of each Use Class using the most updated information in the Town and Country Planning Order.
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