Commercial Conference

Use Class Changes in 2020/21

On the 21st July 2020 the government published the The Town and Country Planning (Use Classes) (Amendment) (England) Regulations 2020 which came into force on the 1st September 2020. Some sites may list this as Use Class Order 2020, but it was actually just an update to the Use Class Order 1987 . The government has issued an explanatory document on the use class changes and why they were made here.  Use Class A and D were removed as is B1(a) in England.

Use Class Changes – New Use Classes

Use Class Changes in 2020/21

Three new use classes were introduced in the Use Class Changes:-

Use Class ECommercial, Business and Service

This use class brings together existing classes A1(shops), A2 (financial and professional services), A3 (restaurants and cafes) and B1 (business) as well as parts of classes D1 (non-residential institutions) and D2 (assembly and leisure) into one single use class to allow for changes of use without the need of planning permission. However shops and facilities which are deemed as being important to the local community have been placed into Use Class F2

 

Use Class F1Learning and non-residential institutions

This use class brings together some elements of Use Class D1 namely, schools, colleges etc., galleries, museums, public libraries, public halls or exhibition halls and churches etc.

 

Use Class F2 Local community uses

As prt of the use class changes, this use class is designed to protect local community assets and includes shops smaller than 280m² with no other shop within a 10,000m (1km) radius, a hall or meeting place for the principal use of the local community (was use class D1), outdoor sport or recreation locations (was D2(e) use class) and swimming pools or skating rinks (was D2(e) use class)

Benefits and disadvantages to the use class changes!

There are always winners and losers to any changes in any legislation and these use class changes are no exception. Some items have been been moved to sui generis that were in one use class. For example under the new use classes it will no longer be possible to move from a cinema to bingo hall or dance hall or vice versa.

Conversely you will be able to go between shops, restaurants, cafés, clinics, crèches, banks, offices, light industrial, indoor sports to another use within the new Use Class E. These use class changes will certainly give a few options. It will, for example, allow Costa (other coffee shops are available) to open cafés where previously they needed permission to convert a shop. This is all subject to any restrictive covenants or restrictions placed by previous planning permission. Note that any external changes will probably require planning permission if not permitted by GPDO.

This new class allows for a mix of uses to reflect changing retail and business models. It therefore recognises that a building may be in a number of uses concurrently or that a building may be used for different purposes at different times of the day. Changes to another use, or mix of uses, within this class do not require planning permission. Bringing these uses together and allowing movement between them will give businesses greater freedom to adapt to changing circumstances and to respond more quickly to the needs of their communities.

 

Use Class Changes – Table of changes

Current Use Former Use Class New Use Class
Shops﹤280m² and no other in a 1km radius A1 Use Class F2
Local community uses
Shops A1 Use Class E
Commercial, Business and Service
Supermarkets
Post Offices
Travel Agencies
Sandwich Bars
Hairdressers/Barbers
Funeral Directors/ Undertakers
Retail Warehouses (Argos etc.)
Domestic Hire Shops
Dry Cleaners
Locations to receive items for cleaning or repair
Internet Cafés
Banks and Building Societies A2
Estate Agents or Employment Agencies
Restaurants A3
Cafés
Public Houses/Wine Bars etc. where no or little food is served
Drinking Establishments with expanded food provision
A4
Sui Generis
In a class of their own
Hot Food Takeaways A5
Offices B1(a) Use Class E
Commercial, Business and Service
Research and Development of products and processes B1(b)
Light Industrial appropriate in a residential area B1(c)
General Industrial B2 Use Class B2 (no change)
Storage and Distribution B8 Use Class B8 (no change)
Hotels C1 Use Class C1 (no change)
Residential Institutions C2 Use Class C2 (no change)
Secure Residential Institutions C2A Use Class C2A (no change)
Houses and Flats C3 Use Class C3 (no change)
HMOs (between 3 & 6 residents) C4 Use Class C4 (no change)
Doctors, Clinics and Health Centres, Acupuncture Clinics etc. (except where linked to the residence of the practitioner) D1 Use Class E
Commercial, Business and Service
Crèches, Day Nurseries or Day Centres
Schools D1 Use Class F1
Learning and non-residential institutions
Galleries
Museums
Libraries
Public Halls (except local)
Churches etc.
Cinemas D2 Sui Generis
In a class of their own
Music and Concert Halls
Bingo Halls
Dance Halls (not nightclubs)
Gymnasiums D2 Use Class E
Commercial, Business and Service
Indoor Sports and Recreation (except where motorsports or firearms are used)
Halls or Meeting Places for principal use of the local community D2 Use Class F2
Local community uses
Swimming Pools
Skating rinks
Outdoor Sports and Recreation (except where motorsports or firearms are used)
Theatres, Betting Offices, Payday Loan Shops,
Funfairs, Large Houses in multiple occupation (seven or more), ‘Alkali Works’, Hostels providing no significant element of care, Scrap Yards, Yards for the Storage/Distribution of Minerals, Yards for the Breaking of Motor Vehicles, Fuel Stations, Shops selling and/or displaying Motor Vehicles, Retail Warehouse Clubs, Nightclubs, Launderettes, Police Stations, Taxi Businesses, Car Hire locations, Amusement Arcades and Centres, Casinos, Tattoo Parlours, Beauticians, Massage Parlours, Nail Bars, Landfill Sites, Motor Sport Arenas, Firearms Ranges
Sui Generis Sui Generis (no change)

 

Use Class Changes – Page Updated: 15th November 2022

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