Procedure for change of use applications for premises in planning law

Change of use applications are required in certain circumstances regardless of whether there is a change of ownership for example if a building use is changing from retail to office premises or storage to retail use. Ensuring that you have expert advice right from the start of the application can ensure the application is both successful and completed as cost-efficiently as possible.

Our expert planning lawyers will support you in making planning applications that satisfy national and local planning policy requirements and deal with any issues that arise quickly and efficiently. Call us now on 020 3753 4667 and speak to a solicitor to make an immediate free consultation or email us via our online contact form.

When does a change of use require planning permission?

The use of buildings and land are known as “use classes” and fall into four main categories (those that do not fall into a category are called sui generis) as defined in the Town and Country Planning (Use Classes) Order 1987:

• Class A: shops and retail premises
• Class B: offices, factories and warehouses
• Class C: residential use
• Class D: non-residential institutions such as assembly and leisure use

Where the change of use results in a material change to the use of the premises then planning permission is required. There is not a statutory definition of what a material change involves; instead, it is determined by how significant the change is as well as the resulting impact on how the land and buildings will be used.

Generally, planning permission is not required where the present use and the proposed use remain within the same class (sometimes this is restricted to certain sub-categories). For example, if a building is changing from a café to a restaurant, then they will both fall under category A and there is no change of use. Or changing a newsagent to a shoe shop would not be regarded as a change of use.

Where a building (or part) has been changed to a single dwelling house more than four years ago, then the development is protected from enforcement action under the four-year rule. The same rule applies to building operations within permission. There is also the 10-year rule where the premises (other than single-dwellings) have been used for more than this period for the same purpose. The change of use automatically becomes legal at this point. These rules do not apply if the development has been deliberately hidden from the authorities.

Applications for planning permission are always required for material changes of use involving amusement centres, theatres, scrap yards, petrol stations, car showrooms (except for material changes of use from car showrooms to A1 uses), taxi and car hire businesses and hostels.

Where the use of premises is changing from one class to another then usually planning permission is required, though there are some exceptions. Changing an office to residential use would be regarded as a change of use and would require an application. Failure to obtain permission can result in substantial fines.

The relevant documents can be found at the Planning Portal, which is the national application service. However, it is advisable that you take advice from a specialist who can ensure that the correct process is followed. Planning permission for change of use can take up to 8 weeks to be processed (longer for larger and more complex cases). The local planning office can indicate a timescale.

Contact our Commercial Property Solicitors in London, Westminster, Southwark & Tower Hamlets

Our expert Commercial lawyers will support you in making planning applications that satisfy national and local planning policy requirements and deal with any issues that arise quickly and efficiently. Call us now on 020 3753 4667 and speak to a solicitor to make an immediate free consultation or email us via our online contact form.