Permitted Development England
How to build a home extension without Planning Permission using your PD rights - Oct. 1st 2008

AMENDMENTS TO PLANNING USE CLASSES FROM APRIL 2005

1 Current use classes under the 1987 Use Classes Order (in brief).

• Class A1: shops.

• Class A2: financial and professional services (if the services are provided principally to visiting members of the public).

• Class A3: food and drink.

• Class B1: business.

• Class B2: general industrial.

• Class B8: storage or distribution.

• Class C1: hotels.

• Class C2: residential institutions.

• Class C3: dwelling houses.

• Class D1: non-residential institutions.

• Class D2: assembly and leisure.

Any use which does not come within one of the use classes is referred to as sui generis and effectively is in a use class of its own

2 The Town and Country Planning (Use Classes) (Amendment) (England) Order 2005

New use classes under the 2005 order with effect from 21 April 2005 (in brief).

• Class A1: shops.

• Class A2: financial and professional services (if the services are provided principally to visiting members of the public).

• Class A3: Restaurants, Snack Bars and Cafes

• Class A4: Pubs and Bars

• Class A5: Take-aways.

• Class B1: business.

• Class B2: general industrial.

• Class B8: storage or distribution.

• Class C1: hotels.

• Class C2: residential institutions.

• Class C3: dwelling houses.

• Class D1: non-residential institutions.

• Class D2: assembly and leisure.

Principal Changes:

• Internet cafes generally class A1 (where internet usage is the primary purpose)

• Retail warehouse clubs (a retail club where goods are sold, or displayed for sale only to persons who are members of that club); - sui generis

• Motor Vehicle showrooms can no longer change to A1 without consent

• A3 now only Restaurants, Snack Bars and Cafes (and may change to A2 or A1)

• A4 is a new class for Pubs and Bars (and may change to A3, A2 or A1)

• A5 is a new use class for Take-aways (and may change to A3, A2 or A1 (but not A4))

• Nightclubs – sui generis (no changes either to or from nightclub without consent)

CHANGE OF USE

Under the Town and Country Planning Act 1990, a change of use requires planning permission if it is a material change of use

This is modified by:

• The Town and Country Planning (Use Classes) Order 1987 (1987 Use Classes Order), which came into effect on 1 June 1987, and classifies a number of uses of buildings and other land.

• Where a building or other land is used for a purpose within one of the classes, a change of use to another purpose within the same class is not treated as being a development and so does not require planning permission (section 55, Town and Country Planning Act 1990 and article 3, Use Classes Order).

• The Town and Country Planning (General Permitted Development) Order 1995 (1995 GPDO), under which certain changes between use classes are granted deemed planning permission.

Some changes of use, which may be seen as neutral in planning terms do not require a specific planning permission.

These changes are set out in and permitted by the 1995 GPDO.

The main permitted changes of use are:

• From A3 (food and drink) to A1 (shops).

• From car sale/showrooms to A1 (shops).

• From A3 (food and drink) to A2 (financial and professional services).

• From A2 (financial and professional services) to A1 (shops), provided that the A2 use included a ground floor display window.

• Subject to certain conditions, from A1 (shops) to A1 and a single flat.

• Subject to certain conditions, from A2 (financial and professional services) to A2 and a single flat.

• Subject to certain conditions, from A2 (financial and professional services) to A1 (shops) and a single flat.

• From B2 (general industrial) to B1 (business).

• From B8* (storage/distribution) to B1 (business).

• From B1 (business) to B8* (storage/distribution).

• From B2 (general industrial) to B8 (storage/distribution). Change is not permitted to or from a B8 use if it relates to more than 235 square metres of the building

The 1995 GPDO is amended by the Town and Country Planning (General Permitted Development) (Amendment) (England) Order 2005 with effect from 21 April 2005, to reflect the changes made to the 1987 Use Classes Order (see above).

The effect of the changes as mentioned above is as follows:

• The three new use classes (A3, A4 and A5) are given permitted development rights to change to shops (A1) uses or financial and professional services (A2) uses specified in the 1987 Use Classes Order.

• Drinking establishments and hot food takeaways are given permitted development rights to change to restaurants and cafés.

• Permitted development rights are removed in relation to motor car showrooms changing to shops (A1) uses.

Use classes for commercial planning

Links