Planning Practice Note
Changes of Use
INTRODUCTION
The purpose of this Practice Note is to give information about the planning law about changes of use and policy and practice in South Shropshire.
THE LEGAL BACKGROUND
Definition of development
Town and Country Planning Act 1990 (the Act) applies to 'development'. Development has two different aspects:
- operational development (buildings, engineering works, etc.);
- the change of use of land or buildings.
Status of existing uses
An existing use of land may be:
- lawful because:
- starting the current use was not development;
- the use pre-dates 1 July 1948;
- the use has been granted planning permission:
- explicitly;
- implicitly by virtue of being the defined use of a building that has been granted planning permission;
- is immune from enforcement action.
- unlawful;
- a nil use because:
- enforcement action has been taken over an unlawful use and there is no right to revert to a previous lawful use;
- the lawful use has been abandoned and any new use requires planning permission.
The planning unit
Land uses must be assessed in relation to the whole planning unit in which they are located. This is usually the 'unit of occupation' (the land or building occupied by the user) unless there is a physical separation of land and/or a functional separation of uses.
The primary use
Most land and buildings have a 'primary use' (dwelling, shop, hotel etc.). The existing primary use is normally the starting point for assessing when there is a change of use.
Secondary uses
Where land or buildings have uses other than the primary use, these may be:
- de minimis - so minor as to be of no consequence;
- ancillary - forming an integral part of the primary use (e.g. an office at a warehouse);
- part of a mixed use.
Mixed uses
A mixed use occurs when there are two or more functionally separate uses of land or buildings which cannot be separated physically.
Intensification
Intensification occurs when a site or building is used for more of the same use than previously (e.g. a restaurant provides more tables). Intensification does not constitute a change of use unless the character of the use changes.
Subdivision of the planning unit
Change of use does not occur if the planning unit is subdivided (e.g. if the owners of a used car lot divide the business and operate on half the land each, the use remains used car sales).
Changes of use
Changes of use fall into 4 categories:
- not development because they are excluded by the Act:
- the use of a dwelling and its curtilage for purposes incidental to the enjoyment of the dwelling as such;
- use of land or buildings for agriculture or forestry;
- not development because they are excluded by the Use Classes Order;
- permitted development (granted planning permission by the General Permitted Development Order);
- changes of use requiring planning permission from the LPA (including the sub-division of a dwelling into 2 or more dwellings).
The Use Classes Order divides many common land uses into 11 classes. Changes of use between uses falling wholly within any group are not subject to planning control.
A1 Shops:
- retail of goods other than hot food;
- post office;
- ticket or travel agents;
- sandwich shop (food not eaten on premises);
- hairdresser;
- funeral director;
- display of goods for sale (not vehicles);
- dry cleaners and their agents (not laundrettes);
- internet cafes.
A2 Financial and professional services:
where these are provided for visiting members of the public:
- banks and building societies;
- insurance agents;
- betting shops;
- estate and employment agencies;
- other services which are appropriate in a shopping area.
A3 Restaurants and Cafes:
for consumtion on the premisese or hot food on the premises:
- restaurants and cafes.
A4 Drinking establishments
- pubs;
- winebars;
- other drinking establishments.
A5 Hot food takeaways
For consumption of food off the premises
B1 Business:
- offices;
- research and development;
- industry which can be carried on in a residential area without detriment to amenity.
B2 General industry:
all other industrial processes.
B8 Storage and distribution;
all storage and distribution uses.
C1 Hotels:
hotels and guest houses.
C2 Residential institutions:
- residential accommodation where care is provided (other than in a dwelling);
- hospital or nursing home;
- residential school, college or training centre.
C3 Dwellinghouses:
- for single people or families;
- up to six residents living as a single household.
D1 Non-residential institutions:
- medical and health services;
- crèche, day nursery or day centre;
- school or college;
- art gallery (not retailing works of art);
- museum or public library;
- public hall or exhibition hall;
- church, mosque, temple or synagogue.
D2 Assembly and leisure
- cinema or concert hall;
- bingo hall, casino or dance hall;
- swimming pool, skating rink, sports halls and other sports facilities
not involving motor vehicles or firearms.
Sui generis uses:
All other uses are sui generis (in a group of their own). In these cases planning permission for change of use is always required. They include:
- laundrettes;
- amusement arcades;
- car showrooms, garages and car hire;
- petrol stations
- nightclubs;
- theatres;
- hostels;
- garden centres.
.
THE GENERAL PERMITTED DEVELOPMENT ORDER 1988 (as amended)
This grants planning permission for change of use in the following cases (please refer to the Use Classes above):
- A3, A4 or A5 to A1;
- A3, A4 or A5 to A2;
- A4 or A5 to A3;
- A2 to A1 (where there is a shop window);
- A1 or A2 to A1 or A2 + flat (and vice versa);
- B2 or B8 to B1 (size limit 235m2);
- B1 or B2 to B8 (size limit 235m2).
All other changes of use, not referred to above, require planning permission.
PLANNING POLICY
Changes of use have the potential to be damaging to the environment and amenity of the area they are located in. It follows that planning applications to change the use of land or buildings must be dealt with very carefully. In doing so the Council will have regard to such issues as:
- noise, smell and other nuisances;
- traffic generation and parking;
- pollution control.
Working from home
Working from home and home-based businesses (including bed and breakfast) do not need planning permission for change of use unless the change materially alters the character of the primary use as a dwelling. If you are in any doubt, please ask for advice.
CONTACTS
Planning Support Tel: (01584) 813000
© Copyright South Shropshire District Council,
Stone House, Corve Street,
Ludlow, Shropshire, SY8 1DG.
Tel: (01584) 813000
Fax: (01584) 813128
e-mail: planning@southshropshire.gov.uk
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Subscribe to changes to this page here.Author: Planning and Building Control. Last Updated: 13/2/2007.
