The Planning Use Class Order categorizes land and buildings by their permitted uses. This system helps manage development and reduce conflicts between different land uses. Knowing these classifications is essential for navigating the planning process. In this article, we explain the Planning Use Class Order, recent updates, and its impact on property development.
Key Takeaways
- The Planning Use Class Order categorizes land and buildings in England to simplify the development process and ensure community compatibility.
- Recent updates, including the introduction of Class E, enhance flexibility for commercial uses, allowing multiple activities in one building without additional planning permissions.
- Different use classes, such as F1 for educational institutions and F2 for local community facilities, support the needs of communities while adapting to changing market conditions.
Understanding the Planning Use Class Order: A Complete Guide
The Planning Use Class Order is a fundamental tool in town and country planning, categorizing land and buildings to streamline the development process. Defining specific uses helps create suitable urban environments and discourages potentially conflicting activities. This system determines the purpose for which land and buildings can be used, providing a clear framework for developers and local planning authority alike.
Over time, the use classes order has undergone significant changes aimed at simplifying processes and enabling more flexibility in how buildings are used. The government’s Planning for the Future white paper highlighted the importance of modernising the planning system to make it more efficient and adaptable to market demands. These updates demonstrate an ongoing effort to strike a balance between fostering development and protecting community interests.
The impact of use classes differs throughout the UK, with distinct rules applying in England, Scotland, Wales, and Northern Ireland. For instance, Class E, which combines several commercial uses, is specific to England and does not extend to Wales. Grasping these differences is essential for those engaged in property development or urban planning, as it ensures effective navigation of the intricate regulatory framework.
Introduction
Use Class refers to the classification of properties and other land used for planning and development purposes. For instance, Use Class B8 is designated for storage or distribution activities, while Use Class C2A includes secure residential institutions such as prisons and secure hospitals. These classifications are essential for determining what activities can occur on a given piece of land or property without needing additional planning permission.
Understanding the Planning Use Class Order is crucial for navigating town and country planning requirements. Whether you’re involved in an industrial process, running wine bar, a dance hall, or operating a hot food service, knowing your property’s use class can save you time and legal complications.
It also helps local authorities manage development effectively, ensuring that communities grow in a balanced and sustainable manner.
Overview of the Planning Use Class Order
The Planning Use Class Order groups land and buildings into categories to simplify the town and country planning process. It outlines how properties can be utilized, ensuring that conflicting uses are avoided to preserve harmony within communities. This framework is a key component of the planning system, aiding local authorities and developers in designing spaces that effectively address the needs of both businesses and residents.
The use classes order has been refined over the years to reduce bureaucracy and promote flexibility. The government’s Planning for the Future white paper aimed to make the planning system more efficient, allowing properties to be repurposed more easily and respond to market demands. This has led to the creation of new use classes that consolidate previous categories, making the system more streamlined (refer to revoked Use classes order 1 September 2020).
The Planning Use Classes Order is divided into several categories: Use Class B, Use Class C, Use Class E, Use Class F1, Use Class F2, and Sui Generis. These classes cover a wide range of uses, from residential and commercial to unique, one-of-a-kind uses.
The use class order in England categorises land and buildings for planning purposes. Here is a list of the main use classes order:
- Class B2 – General Industrial: This class is for industrial processes that do not fall under Class E.
- Class B8 – Storage or Distribution: This includes warehouses and distribution centres.
- Class C – Residential Uses: This encompasses various residential categories, including Class C1 for hotels, Class C2 for residential institutions like care homes, and Class C3 for dwelling houses.
- Class E – Commercial, Business, and Service: This includes shops, offices, financial and professional services, restaurants, cafes, and gyms. It allows for a flexible mix of commercial activities within the same building.
- Class F1 – Learning and Non-Residential Institutions: This class covers educational institutions like schools, museums, libraries, and places of worship, supporting community infrastructure.
- Class F2 – Local Community Uses: This category focuses on facilities serving local communities, including village shops, community halls, and sports facilities.
- Sui Generis: This is a unique category for uses that don’t fit into standard classes, such as cinemas, casinos, nightclubs, and laundrettes.
These use classes provide a framework for determining what activities can occur on a property, facilitating effective town and country planning. Regulations and implications of these classes can vary across the UK, with specific differences between England, Scotland, Wales, and Northern Ireland.
Use Classes Order 1987
The Use Classes Order 1987 was a pivotal regulation in the UK planning system, categorizing land and buildings into specific use classes to streamline town and country planning. This classification helped local authorities manage development effectively by defining permissible activities within each class, thereby reducing conflicts between different land uses. Over the years, the Use Classes Order 1987 has undergone several amendments to adapt to changing market conditions and community needs, culminating in significant updates like the introduction of Class E in 2020. These changes reflect an ongoing effort to provide flexibility, promote sustainable development, and support vibrant town centres and high streets.
2020 Update to Use Classes
On 1 September 2020, significant changes were made to the Use Class Order to streamline the planning system and enhance flexibility. The introduction of the new Class E was a pivotal update, consolidating various commercial, business, and service uses into a single category. This change allowed properties to accommodate multiple activities, such as retail, financial and professional services, and gyms, within the same building without requiring additional planning permission. The reclassification aimed to support town centres and high streets by making it easier for businesses to adapt to changing market conditions and consumer demands. Additionally, the updates included new classifications for community-focused uses under Classes F1 and F2, while some unique uses were categorised as Sui Generis, ensuring appropriate regulation and oversight.
Key Changes in the 2024 Update: New Use Classes Introduced
The 2024 update to the Planning Use Class Order introduced significant changes aimed at enhancing flexibility and reducing bureaucracy. One of the most notable changes was the creation of Class E, a broad commercial category that consolidates various previous use classes like Use Class A and Use class B1 and Use Class D. This new classification allows different types of commercial activities to occur within the same building without requiring additional planning permission, making it easier for properties to serve multiple uses simultaneously.
However, these changes have also raised concerns among local authorities. The revised use class regulations are seen as potentially diminishing their control over local business types, posing challenges for urban planning and development.
New Use Class E: Commercial, Business, and Service
The introduction of Class E marked a significant shift in the planning use classes, combining various commercial uses into a single classification. This new class includes activities that were previously categorised under A1, A2, A3, B1, B2, D1, and D2, allowing for more flexible use of commercial properties. For instance, a building can now house a shop, an office, and a gym without needing separate planning permissions for each use.
This consolidation allows businesses to adapt more quickly to changing market conditions and consumer behaviours. For example, the rise of online shopping has significantly impacted sectors like retail, which are now part of Class E. Nail bars and beauty salons, previously categorized separately, are now included in this same class, reflecting their growing importance in the commercial landscape.
Certain business types, such as takeaways and betting shops, are excluded from Use Class E. These exclusions ensure that some uses remain subject to additional scrutiny and planning permission, maintaining a balance between flexibility and regulation. Properties that used previous classifications like A1 or B1 are now automatically considered under the new Class E as of September 1, 2020.
Overall, Class E represents a more adaptive approach to urban planning, allowing for a mix of uses within the same building and reducing the need for constant reapplication for planning permission. This change not only benefits business owners and developers but also helps create vibrant, multifunctional urban spaces.
Use Class F1: Learning and Non-Residential Institutions
Use Class F1 is dedicated to learning and non-residential institutions, recognizing the importance of these entities in community infrastructure. This class includes schools, libraries, museums, and places of worship, all of which play a crucial role in supporting educational and cultural needs. The flexibility within Use Class F1 allows these institutions to adapt their uses without needing additional planning permission, providing stability and continuity for community services.
Institutions covered under Use Class F1 consist of various educational establishments, libraries, museums, and ancillary offices related to these entities. This classification ensures that essential community services can continue to operate and evolve without facing bureaucratic hurdles, supporting the overall goal of creating resilient and adaptable urban environments.
Use Class F2: Local Community Uses
Use Class F2 is focused on local community uses, highlighting the importance of facilities that serve community needs. This class includes meeting halls, swimming pools, playing fields, and isolated village shops, all of which contribute to the social fabric of local communities. Small rural shops selling food, located at least 1km from the next similar shop, have transitioned from Use Class A1 to F2, ensuring their protection and continued operation.
The inclusion of these facilities in Use Class F2 enhances local amenity protection and supports community needs. By categorizing these essential services under a single class, the planning system aims to protect them from being repurposed or redeveloped in ways that could harm the local community.
This focus on local amenities underscores the broader goal of maintaining vibrant and sustainable communities.
Sui Generis: Unique Use Classes
How it Was Before:
Sui Generis refers to unique, one-of-a-kind uses that do not fall within any standard use class. These uses are categorized separately due to their distinctive nature and operational characteristics. Examples of Sui Generis uses include cinemas, casinos, nightclubs, and laundrettes, all of which have specific requirements that set them apart from other classes. This classification ensures that such unique properties receive the appropriate level of scrutiny and regulation.
What is Changed After:
Sui Generis refers to unique, one-of-a-kind uses that do not fall within any standard use class. These uses are categorized separately due to their distinctive nature and operational characteristics.
Examples of Sui Generis uses include:
- Cinemas
- Casinos
- Nightclubs
- Laundrettes
This classification ensures that such unique properties receive the appropriate level of scrutiny and regulation.
Mixed-use buildings often fall under Sui Generis if they provide multiple distinct functions, such as a building that houses both a police station and a tattoo parlour.
The classification of certain previous use classes, like A4 and A5, as Sui Generis helps preserve crucial entertainment venues and restricts changes in use. This diverse category underscores the planning system’s ability to accommodate a wide range of unique and specialised uses.
Change of Use and Permitted Development Rights
Altering the use of a property generally requires prior consent from the local council to confirm that the proposed use is suitable for the area. In many instances, planning permission is essential for a change of use, especially if the new purpose might have notable effects on the community or environment. During this process, local authorities evaluate potential concerns such as contamination, flood risks, and transportation issues to ensure changes are responsibly managed. Significant amendments were made to the 1987 Use Classes Order on 1 September 2020, though these changes do not encompass permitted development rights.
Recent changes have lifted the limit on cumulative floor space for buildings converting from commercial to residential use and removed the requirement for buildings to be vacant before applying for conversion. Consultations are ongoing to discuss proposed amendments to the new permitted development rights, with the aim of simplifying the prior approval process and streamlining conversion procedures.
Transitional Provisions and Implementation
Transitional provisions dictate how existing properties are treated under new planning regulations. If a property is not in use under its existing permission, it must first be occupied under that permission before changing to any use in Class E. These provisions ensure a smooth transition from old to new regulations, minimizing disruption for property owners and developers.
Permitted development rights for changes of use continued under existing classes until July 31, 2021, after which new rights came into effect. This timeline allowed for an orderly implementation of the new regulations, giving all stakeholders time to adjust and comply with the updated planning framework.
Impact on Town Centres and High Streets
The recent updates to the Planning Use Classes aim to enhance flexibility, allowing properties to accommodate multiple overlapping uses. This flexibility is particularly beneficial for town centres and high streets, where the ability to repurpose spaces quickly can help maintain vibrancy and economic viability. By making it easier for owners to rent out shops and sell premises, the new use classes legislation supports the dynamic needs of urban areas.
However, there are concerns about the potential decline of traditional high street uses due to increased residential conversions. Local authorities have raised concerns over the loss of power to control business types and the impact on local employment and area development. Research indicates a significant decline in licensed premises like pubs, highlighting the need for protective measures in planning to preserve these important community hubs.
The changes to use classes aim to balance the need for flexibility with the protection of essential community facilities. By allowing properties to serve multiple uses and adapt to market conditions, these updates help ensure that town centres and high streets remain vibrant and sustainable.
Protecting Community Assets
The introduction of Class F2 aims to protect local community facilities through the planning system, allowing changes within this class without needing planning approval. This classification includes essential amenities like meeting halls, swimming pools, and village shops, ensuring they remain accessible to the community. By safeguarding these assets, the planning system supports the social and economic well-being of local areas.
Flexibility is also a key feature of the recent updates, allowing properties to accommodate multiple overlapping uses. This adaptability helps communities retain important services and amenities while responding to changing needs and market conditions. Protecting community assets is crucial for maintaining vibrant, resilient, and sustainable local environments.
Planning Permission and Local Authority Regulations
Any proposed change of use may necessitate an application for planning permission or prior approval to require planning permission. Consulting the local planning authority for specifics regarding planning applications is crucial, as they determine allowances and restrictions for changes of use within their jurisdiction. Local planning authorities can also implement Article 4 directions to restrict certain conversions, providing a tool for managing local development.
Existing permitted development rights were applied as per the previous use classes from September 1, 2020, until July 31, 2021. Planning applications submitted before September 1, 2020, must be assessed using the old use classes, regardless of new regulations. This approach ensures fairness and consistency during the transition to new regulations.
Building regulations should also be taken into account when planning any changes of use, ensuring that all modifications comply with safety and structural standards. By addressing both planning and building regulations, property owners can ensure that their projects are fully compliant and safe.
Practical Examples of Use Class Changes
Changing uses within the same Use Class makes it easier to repurpose premises. It also helps in finding new tenants. For example, a retail shop (previously classified under A1) can now be converted into an office or a gym under Class E without needing separate planning permissions. This flexibility is particularly advantageous in adapting to market demands and changing consumer behaviours.
Certain uses formerly assigned their own classes are now categorised as ‘Sui Generis’, meaning they do not belong to any specific class. For instance, a building that houses both a cinema and a casino would fall under Sui Generis, requiring specific planning considerations due to its unique nature.
These examples illustrate how the Planning Use Class Order adapts to modern needs while maintaining regulatory oversight.
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Case Study: Planning Permission for Change of Use Classes
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Common Misconceptions and Clarifications
Many people mistakenly believe that all property uses are strictly defined, but the use class order provides flexibility for various activities. For instance, Use Class E does not restrict all forms of retail; instead, it accommodates a wide range of commercial activities, including shops, offices, and gyms. This broad categorisation allows for more adaptable and multifunctional urban spaces.
There is also a common misconception that all educational institutions fall under one use class. In reality, Use Class F1 distinguishes between various types of educational establishments, providing flexibility for schools, libraries, and museums to operate and adapt without needing additional planning permissions.
Many people also assume that changing a property’s use class always involves complex approval procedures. However, some changes can be covered by permitted development rights, which simplify the process. Local authority regulations can add to the confusion, as they may impose additional conditions or restrictions that differ from national standards. Recognising these details is crucial for effectively navigating the planning system.
Additionally, it’s important to note that planning permissions can be appealed, providing a structured process for challenging decisions. Clarifying these misconceptions helps stakeholders make informed decisions and avoid unnecessary complications.
Summary
The Planning Use Class Order plays a key role in managing urban development by classifying land and buildings to create balanced and functional spaces. Recent revisions, including the introduction of Class E and the reclassification of community uses under Classes F1 and F2, represent a more flexible and responsive approach to planning. These updates are designed to simplify the process, reduce administrative hurdles, and enable properties to accommodate a range of uses at once.
By understanding the Planning Use Class Order, stakeholders can navigate the planning system more effectively, ensuring that developments meet both community needs and market demands. As urban landscapes continue to evolve, staying informed about these regulations will be crucial for fostering vibrant, sustainable, and resilient communities.
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Frequently Asked Questions
What is the Planning Use Class Order?
The Planning Use Class Order categorises land and buildings by their intended use, facilitating effective town and country planning while minimising conflicts between different usages.
What are the key changes in the 2024 update?
The 2024 update key changes include the introduction of Class E, which consolidates various commercial uses into one category to enhance flexibility and reduce bureaucratic hurdles in the planning process.
What types of activities are covered under Use Class E?
Use Class E encompasses the various categories of commercial activities such as retail shops, offices, gyms, restaurants, financial and professional services, and healthcare services. This classification allows for a flexible approach to business operations within these sectors.
How do permitted development rights affect change of use?
Permitted development rights facilitate change of use by allowing it to occur without full planning permission, as long as certain conditions are satisfied. This streamlines the process for property owners, making it easier to adapt their properties.
What is Sui Generis, and what are some examples?
Sui Generis denotes unique uses that don’t conform to standard classifications, with examples including cinemas, casinos, nightclubs, laundrettes, police stations, and tattoo parlours. Such classifications are essential for zoning and planning regulations.
