Trimble Architects

Find out if you need permission for a change of use for your property. Learn about planning regulations, when permission is required, and how to navigate the process to avoid any legal issues.

When is Planning Permission Required?

Planning permission is needed when you want to change the use of a building or land. This is especially true if the new use differs from the current one.

For example, if you want to turn a house into a shop or a shop into a restaurant, you will likely need planning permission. In England, the rules for planning permission are set out by the local planning authority (LPA). They follow the town and country planning laws.

Before you start any changes, you should check with your LPA to find out if you need planning permission for your project. This is essential to avoid breaking any laws and facing possible fines or having to undo the work.

Change of Use and Its Classes of Order

The use classes order 1987 divides land and buildings into specific use classes. These use classes help to standardise how land and buildings can be used. Here are some of the main use classes:

Class B2 General Industrial: This class includes buildings where things are made or repaired, outside of heavy industry uses. These buildings can house small-scale manufacturing, artisan workshops, and repair services. They often support local economies by providing jobs and contributing to the infrastructure of the area.

Class B8 Storage and Distribution: This class is for buildings used for storage or distribution centres. These facilities often serve as hubs where goods are received, stored, and then shipped to their final destinations. It's essential for businesses needing efficient logistics and inventory management systems.

Class C1 Hotels: This class covers hotels, boarding houses, and guesthouses.

Class C2 Residential Institutions: This includes care homes, hospitals, and boarding schools.

Class C2A Secure Residential Institutions: This class is specifically for prisons, secure hospitals, and remand centres.

Class C3 Dwelling houses: This includes regular houses and flats that can be used as homes.

Class C4 Small Houses in Many Occupations: This class covers small shared houses or flats, usually with three to six people.

Class E Commercial, Business and Service: This class includes many uses like shops, offices, cafes, and medical services.

Class F1 Learning and Non-Residential Institutions: This class is for schools, museums, and public libraries.

Class F2 Local Community: This includes local shops and community halls.

Understanding these use classes is important when considering a change of use. Always check with your local planning authority for the correct guidance.

It's crucial to ensure compliance with regulations and to avoid potential legal issues. Consulting experts can provide valuable insight and help encourage an easy transition. Keep informed and up-to-date.

How to Obtain Planning Permission for Change of Use

To gain planning permission for a change of use, you need to follow some steps. First, you should contact your local planning authority. They will provide the necessary forms and guidance.

Next, you need to fill out a planning application. This includes details about your plans and why you need the change of use. You might also have to provide detailed drawings or plans of your property. It's important to check with the local council for any specific requirements or more documents that may be needed to support your application. Be sure to include accurate information to avoid delays in processing.

Once you have submitted your application, the local planning authority will review it. They might ask for more information or amendments. In some cases, your neighbours will be asked for their views on the change, alongside other stakeholders. They can take this time to comment on your application. Follow up and respond promptly to any requests for further information.

Finally, the local planning authority will either approve or reject your application. If approved, you can go ahead with your changes. If rejected, you have the option to appeal or change your plans and reapply. Keep in mind, the appeal process may take some time.

Ensure all your documentation is clear and accurate to avoid unnecessary delays. Research thoroughly and consult experts if needed to strengthen your application. Proper preparation can greatly increase your chances of approval. Be patient and persistent throughout the process.

When Does Change of Use Not Require Planning Permission?

Not all changes of use need planning permission. Some changes are allowed under permitted development rights. This means you can make the change without needing to ask for prior approval.

For example, changing a shop (Class E) to a restaurant (Class E) might not need planning permission. Also, changing a small office into a home (Class C3) may not require planning permission. These changes of use are usually minor and have a minimal impact on the town or environment.

But, you should always double-check with your local planning authority. They will provide advice specific to your case. Sometimes, even seemingly minor changes need approval. The rules can also change, so it is important to stay updated on the latest guidelines.

Does Change of Use Mean I Can Make Physical Changes to the Site?

Change of use does not automatically mean you can physically change a property. For any structural work, you might still need planning permission. This includes things like adding extensions, changing windows, or adding new signage.

If you plan to make these changes, you must submit a separate planning application. Much like for change of use, you must provide detailed information about the proposed work. This includes any structural modifications, materials to be used, and compliance with local building regulations. Ensure that your application is thorough and accurate.

You'll find that listed buildings and properties in conservation areas have stricter rules. Any changes, even minor ones, will likely need planning permission. This includes alterations to the exterior, interior, or any outbuildings within the boundaries. Without the necessary permissions, you may face legal action or fines. Always check with your local planning authority before starting any work.

Before starting any physical work, it is always best to consult your local planning authority. They will give you detailed guidance on what permissions are needed. Following the right steps ensures your project is legal and compliant with local regulations.