A new planning use class

Regulations published in July 2020 include provisions that will give greater flexibility to property owners and occupiers to change the use of a property without the need to obtain planning permission.

The Regulations will take effect from 1 September 2020.

The Town and Country (Use Classes) Order 1987 (UCO) groups similar uses together within planning “classes” A to E and is significant as the use of a property can be changed within each use class without the need to obtain planning permission. If a use is sui generis (doesn’t fall within a particular use class) the use cannot be changed without planning permission.

Key changes to UCO

The changes to UCO will see:

• The revocation of established use classes A1 to A5 (shops, cafes and takeaways) and D1 and D2 (non-residential institutions and assembly and leisure).
• The modification of class B to remove class B1 (business).
• The creation of a new much larger use class E (commercial, business and services) which will include uses as diverse as shops, financial, restaurants and business in one flexible use class.
• The creations of new classes F1 (learning and non-residential institutions) and F2 (local community).
• The creation of new sui generis uses.

Further details of the new use classes are set out in the tables below.

These changes are aimed at assisting the Government to achieve its policy objective to rejuvenate, and safeguard the viability and vitality of the country’s town centres and high streets. In particular:

• Rejuvenation: Traditional high street occupiers such as shops and offices will have the flexibility to change use within the broad new class E.
• Protection of community assets: In contrast, community assets such as small village stores and meeting places will be given protection by the new class F2.
• Control over other uses: Other uses such as pubs, music venues and cinemas will be removed from the classes altogether and added to the list of sui generis uses, making a change of use impossible without planning permission.

New Class E

The new Class E (commercial, business and service) will be for the use, or part use, for all or any of the following purposes:

Transitional provisions will apply and buildings or other land being used for A1, A2, A3 or B1 as at 31 August 2020 will, with effect from 1 September 2020 be treated as falling within the new class E.

New Classes F1 and F2

New Classes F1 and F2 will replace the current class D1 (non-residential institutions) and D2 (assembly and leisure).

Class F1: Learning and non-residential institutions

Class F1 will apply to the following uses, not including residential use:

Class F2: Local community

Class F2 will apply to the following uses:

New sui generis uses

The following uses will be added to the list of sui generis uses (in a class of their own):

Changes to the UCO in practice

Existing leases will, in most instances, refer to a permitted use by reference to the UCO as current at the date of the lease. The changes to the UCO will not therefore impact on the continued use of the premises.

It is expected that new leases will remove references to the UCO altogether and refer instead to a specific use, such as retail or office. If there is a need to refer to the UCO then, given the wide range of uses contained within the new class E, it would be wise to refer to a specific sub-class within the new class E.

Whilst the change of use within a use class will undoubtedly be easier given the wide range of uses in the new class E, if such a change of use also requires building works, planning permission and building regulation, approval may still be required and article 4 directions (limiting the change of use within use classes in specific areas) may also apply.

It remains to be seen if the changes will assist plans to rejuvenate the British economy as envisaged by Prime Minister Boris Johnson with the launch of his “build, build, build” strategy earlier this year.