Expert answers to common planning use class questions

Planning use classes group different land uses and building activities into categories under the Use Classes Order.

The use class of a property can affect whether planning permission is needed for a proposed change of use.

Use Class E was introduced to provide greater flexibility between a range of commercial uses without requiring planning permission for every change.

Common uses within Use Class E include:

• Shops.
• Offices.
• Restaurants and cafés.
• Gyms and indoor fitness spaces.
• Medical and health services.
• Nurseries and day centres.
• Financial and professional services.

Although changes within Class E are often flexible, external works, or planning conditions may still require planning permission.

A change of use normally occurs when a property moves from one planning use class to another, such as from a shop to residential use or from a dwellinghouse to an HMO.

Some changes of use require planning permission, while others may benefit from Permitted Development Rights.

Sui generis means "in a class of its own". These uses do not fall within the standard use class categories.

• Large HMOs (7 or more unrelated occupants).
• Public houses.
• Hot food takeaways.
• Theatres.
• Petrol filling stations.

Changes involving sui generis uses often require planning permission.

Small HMOs occupied by between 3 and 6 unrelated individuals generally fall within Use Class C4.

Larger HMOs with 7 or more unrelated occupants are commonly treated as sui generis uses.

Certain changes of use can take place under Permitted Development Rights without full planning permission.

However, this depends on the specific use classes involved, site constraints, prior approval requirements and whether rights have been removed by Article 4 Directions or planning conditions.

Standard residential dwellinghouses are generally classified as Use Class C3.

This includes occupation by single households and some small groups living together as a single household.

Article 4 Directions can remove certain Permitted Development Rights, meaning planning permission may be required even where it would otherwise not normally be needed.

These are commonly used for HMOs and commercial-to-residential changes in some areas.

The following uses are commonly found within Use Class F1

• Provision of Education (F1(a)).
• Display of works of art (F1(b)).
• Museums (F1(c)).
• Libraries (F1(d)).
• Public halls or exhibition halls (F1(e)).
• Public worship or religious instruction (F1(f)).
• Law courts (F1(g)).

The following uses are commonly found within Use Class F2

• Shops 280sqm or smaller that sell essential goods and there is no other facility within 1km (F2(a))
• Halls or meeting places for local community (F2(b)).
• Areas or places for outdoor sport or recreation (F2(c)).
• Swimming pools or skating rinks (F2(d)).

Cedar Planning advises on planning use classes, changes of use, HMOs, commercial premises, mixed-use schemes and Permitted Development opportunities.

We can assess whether planning permission is required and advise on the most appropriate strategy.

Class A1 of the Use Classes Order used to cover shops, in particular the following types of shops:

• Retail sale of goods other than hot food.
• As a post office.
• For the sale of tickets or as a travel agency.
• For the sale of sandwiches or other cold food for consumption off the premises
• For hairdressing.
• For the direction of funerals.
• For the display of goods for sale.
• For the hiring out of domestic or personal goods or articles.
• For the reception of goods to be washed, cleaned or repaired.

This has now been replaced by the wider Use Class E category. This relatively new use class has been introduced to offer greater flexibility for commercial premises in the high streets.

Moving between uses within the same use class can often be done without planning permission. However, you will need to ensure that there are no planning conditions which restrict this right.

Prior to the introduction of the wide Use Class E, planning permission would often be required for relatively minor changes of commercial use. For example, planning permission would have been needed to change the use of a building from a shop to an office.

Use Class E provides a more flexible approach to commercial premises. Government guidance confirms that the movement from one primary use to another within the same use class is not development, and does not require planning permission. However, planning conditions are often used to restrict potential uses of properties, and you will need to check that this doesn't apply to your property.

Planning permission may also be required for any external alterations to the building to allow for the change of use. For example, advertising, new windows and doors, or extractor fans.

At Cedar Planning we regularly advise on matters relating to commercial premises, and can support our clients with Certificate of Lawfulness applications to confirm the lawful use of commercial properties.