research and development planning use class

This site uses cookies, as explained in our cookie policy . By using this site, you agree to our use of cookies.

• Culture & Media
• Energy, Minerals & Waste
• Infrastructure
• Mixed Use & Regeneration
• Offices, Industry & Logistics
• Public Sector
• Retirement & Care
• Sports & Stadia
• Student Accommodation
• Tourism & Leisure
• Town Centre & Retail
• Consultation
• Corporate Real Estate
• Development Consent Orders
• Development Consulting
• Environmental Assessments
• Expert Witness
• Garden Communities
• GIS & Spatial Analytics
• Graphic Design
• Land Promotion
• Masterplanning & Urban Design
• Neighbourly Matters
• Plan Making
• Property Transaction Advisory
• Research, Law & Policy
• Townscape & Visual Impact

Use Classes Order Guide

The Guide allows one to see at first glance whether a proposed change of use requires planning permission, and to identify potential permitted development rights, without having to unravel complex legislation.

Jennie Baker, Associate Director, Lichfields

Related Content

Use classes order guide in wales, supporting the recovery of high streets and town centres.

Receive our latest thinking direct to your inbox.

I want to receive…

I have read and agree to Lichfields' privacy policy

Planning Use Classes update in 2024

Topics: planning

The Planning Use Classes exist to promote good planning and the right kind of environments in our villages, towns, and cities.

Land and buildings are divided into various categories called ‘Planning Use Classes’ which determine the purpose for which they can be used. The categories exist to discourage potentially conflicting uses, for example, industrial buildings from being located in the same area as hotels.

Use Classes Update in 2024

Class e (commercial, business and service).

• Classes A1 (Shops), A2 (Financial and professional services), A3 (Food and drink), B1 (Business), D1 (Non-residential Institutions), D2 (Assembly and Leisure)
• Class F1 (Learning and non-residential institutions), formerly:
• D1 (Non-residential Institutions)
• Class F2 (Local Community Uses), formerly:
• A1 (Shops), D2 (Assembly and Leisure)

Change of Use

Usually a change of use of land or a building will require planning approval. Sometimes, however, a change of use of a building or land does not need planning permission where the proposed use is similar to the existing.

Permission is not usually needed when existing and proposed uses fall within the same class, or if the Planning Use Classes Order allows a change of class to another specified class, as detailed above. In these cases, a property’s use classification can often be changed under permitted development rights.

A Worked Example

Planning permission for a change of use would not be required if a hairdresser’s unit was changing use to a pet shop (both A1). However, it would be required if a sandwich bar, where customers cannot eat in (A1), was changing use to a cafe where customers can eat on the premises (A3).

The planning categories of the Use Class order are as follows:

Use Class A

Shops, retail warehouses , hairdressers, travel and ticket agencies, post offices, pet shops, sandwich bars, showrooms, domestic hire shops, dry cleaners, funeral directors. [Permitted changes: A1 or A2 and up to two flats*; Temporary (2 years) to A2, A3 or B1; C3*; A2; A3*, D2*.]

A2   Financial and professional services

Financial services such as banks and building societies, professional services including estate and employment agencies. [Permitted changes: A1; A1 or A2 and up to two flats*; Temporary (2 years) to A1, A3, B1; C3*; A3*; D2*.]

A3   Restaurants and cafes

Places for the sale of food and drink for consumption on the premises, including restaurants, snack bars and cafes. [Permitted changes: A1; A2; C1, C2; Temporary (2 years) to A1, A2, B1*.]

A4   Drinking establishments

Public houses, wine bars or other drinking establishments, excluding night clubs, including drinking establishments with expanded food provision. [Permitted changes: A4 with A3.]

A5   Hot food takeaways

For the sale of hot food for consumption off the premises. [Permitted changes: A1; A2; A3; Temporary (2 years) to A1, A2, A3 or B1*.]

Use Class B

B1   business.

(a) Offices (other than those that fall within A2); (b) Research and development of products and processes; (c) Light industry appropriate in a residential area. [Permitted changes: B8; B1(a) to C3*; Temporary (2 years) to A1, A2, A3; State funded nursery or school*; B1(c) to C3*]

B2   General industrial

Use for industrial process other than one falling within class B1. [Permitted changes: B1; B8.]

B8   Storage or distribution

This class includes open air storage. [Permitted changes: B1; C3*.]

Use Class C

C1   hotels.

Hotels, boarding and guest houses where no significant element of care is provided (excludes hostels). [Permitted changes: State funded nursery or school*.]

C2   Residential institutions

Residential care homes, hospitals, nursing homes, boarding schools, residential colleges and training centres. [Permitted changes: State funded nursery or school*.]

C2A   Secure residential institutions

Secure residential accommodation, including use as a prison, young offenders institution, detention centre, secure training centre, custody centre, short term holding centre, secure hospital, secure local authority accommodation or use as a military barracks.

C3   Dwellinghouses

this class is formed of 3 parts: (a) covers use by a single person or a family, an employer and certain domestic employees, a carer and the person receiving the care and a foster parent and foster child. (b) up to six people living together as a single household and receiving care. Supported housing schemes such as those for people with learning disabilities or mental health problems. (c) allows for up to six people living together as a single household. A small religious community may fall into this section as could a homeowner who is living with a lodger. [Permitted changes: C4]

C4 Houses in multiple occupation

Small shared houses occupied by between three and six unrelated individuals, who share basic amenities such as a kitchen or bathroom. [Permitted changes: C3]

Use Class D

D1   non-residential institutions.

Clinics, health centres, crèches, day nurseries, day centres, schools, art galleries, museums, libraries, halls, places of worship, church halls, law court. Non residential education and training centres. [Permitted changes: Temporary (2 years) to A1, A2, A3, B1*.]

D2   Assembly and leisure

This includes cinemas, music and concert halls, bingo and dance halls (not including night clubs), swimming baths, skating rinks, gymnasiums or area for indoor or outdoor sports and recreations. [ Permitted changes: State funded nursery or school*; Temporary (2 years) to A1, A2, A3, B1*.]

Sui Generis

Certain uses do not fall within any use class and are considered ‘sui generis’. Examples include theatres, nightclubs, launderettes and casinos. [Permitted changes: Temporary (2 years) to A1, A2, A3, B1*.]

*Requires approval.

Commercial to Residential

Trends for changing use tend to fluctuate depending on the relative value of residential architectural projects and workplace architecture projects, making one or the other more desirable. Currently, the government wishes to encourage the change of use from commercial to residential, to help address the housing shortage.

Offices (B1) are able to be changed to dwellinghouses (C3) under permitted development rights, to create new homes in existing buildings. Certain areas are exempt, these are mostly in central London, but also in other areas of the southeast of England.

Permitted Development

Local planning guidelines will also determine which use changes are permitted. Local authorities often designate commercial areas with their planning guidance, where shops and offices are encouraged and other uses are largely excluded. It can be difficult to achieve planning permission for a retail use outside of these designated zones.

Local planning authorities are also able to remove permitted development rights in certain areas at their discretion. This means that you will require planning permission even if a change of use is generally permitted. It is prudent to check whether planning permission for your intended use is required before undertaking any building work, negotiating a lease or buying a property.

If you intend to proceed with a change of use under permitted development rights, it can be useful to apply for a lawful development certificate (LDC). This is less onerous than applying for planning permission. A LDC will confirm that your development is lawful, should you need to prove this in the future.

In some cases, a site might not require planning permission for change of use. If there is building work involved, however, it may still require other planning approvals.

When considering your approach it is also important to consider whether your site is part of a Conservation Area, National Park , Area of Outstanding Natural Beauty (AONB) or Site of Special Scientific Interest (SSI), or whether the building is a listed Building, locally listed or a Scheduled Monument .

Works can also be affected by Tree Preservation Orders (TPOs) that prevent the removal of specific trees or groups of trees. Specific information is widely available on local authority websites.

Other Approvals Required

You will be required to obtain Building Control approvals for most building projects. This is required separately from planning permission. There are distinct differences in building regulation requirements for residential and commercial properties. The regulations address design and operational issues including means of escape, energy use, accessibility, transport, construction methodology and health and safety concerns.

• Architects fees in the UK
• Finding land to build a house

Please contact Architecture for London if you would like to review Planning Use Classes and permissions in more detail,   or have queries in relation to a specific site.   We would be happy to arrange a meeting with an architect to discuss your project in detail.

Planning Use Classes FAQ

You will be required to obtain Building Control approvals for most building projects. This is required separately from planning permission. There are distinct differences in building regulation requirements for residential and commercial properties.

Search for:

Jump straight to:

Please enter a search term

What sectors are you interested in?

We can use your selection to show you more of the content that you’re interested in.

Sign-up and we’ll remember your preferences

Sign-up to follow topics, sectors, people and also have the option to receive a weekly update of lastest news across your areas of interest.

Got an account already? Sign in

Want to speak to an advisor from your closest office?

Out-law / your daily need-to-know.

Out-Law Guide 6 min. read

Planning: use classes order changes

03 Sep 2020, 3:37 pm

The amendments made to planning regulation largely take effect from 1 September 2020.

Changes to use classes

The Town and Country Planning (Use Classes) (Amendment) (England) Regulations 2020 amend the Town and Country Planning (Use Classes) Order 1987 and introduce significant changes to the system of 'use classes'.

In force from 1 September 2020, subject to certain transitional provisions, the core changes include the recalibration of the classification of uses of property. Classes A, B1 and D1, applicable to retail, office and non-residential institutions and assembly and leisure uses respectively, are removed and new use classes introduced in their place. The new Class E encompasses commercial, business and service, while the new F.1 and F.2 apply to learning and non-residential institutions and local community use respectively.

In addition, some uses which were previously given their own use class have been moved into the 'sui generis' category, meaning they will from now belong to no specific class. Changes to and from these uses will be subject to full local consideration through the planning application process.

The residential (C classes), general industrial (B2) and storage and distribution (B8) use classes remain unchanged, except for a new cross reference in the B2 class to the new Class E ‘commercial’ use class.

The table below provides a brief summary of how uses will be reclassified from 1 September 2020:

Why have the changes been made?

The government has said that the main driver of change has been the need to enable a repurposing of buildings on high streets and town centres. The new Class E allows for a mix of uses to reflect changing retail requirements. It will allow a building to be used flexibly by having a number of uses taking place concurrently or by allowing different uses to take place at different times of the day. Changes to another use, or mix of uses, within this class will not require planning permission.

The new concept of 'Local Community' uses – Class F2 – has been introduced to ensure important community facilities are protected through the planning system. Again, changes of use within this class do not require planning permission.

Transitional provisions and new guidance

The new regulations contain some detailed transitional provisions which will affect how and when changes take effect in practice.

Move from existing to new use classes

From 1 September 2020 onwards, if a building or other land is being used in a way falling within Class A1 (shops), A2 (financial and professional services), A3 (restaurants and cafés) or B1 (business) then it will be treated as though it is being used for a purpose specified in the new Class E. Change of use to another use within Class E will be allowed without the need for planning permission.

If the building is not being used or occupied for the use permitted under an existing planning permission, it will need to be brought into that use before it can then change to another use within Class E.

Changes of use between use classes permitted under The Town and Country Planning (General Permitted Development) (England) Order 2015

From 1 September 2020 until 31 July 2021, change of use permitted development rights set out in the GPDO will continue to be applied based on the existing use classes, as they exist on 31 August 2020. New permitted development rights will be introduced from 1 August 2021.

Existing planning applications

Applications for planning permission, permission in principle or approval of reserved matters under an outline application, which are submitted before 1 September 2020 and refer to the existing use classes, must be determined by the local planning authority using the existing use classes rather than the new ones.

Planning practice guidance is to be updated to reflect the new changes before they come into effect on 1 September 2020.

• Planning & environment
• Property Development
• Real Estate
• Residential
• United Kingdom

Latest News

Planned water law reform ‘risks delaying environmental action’, uk ruling clarifies ‘fixed establishment’ in vat group cases, stem initiatives key to tackle gender pay gap in manufacturing, dutch dpa fines us-based facial recognition company for gdpr breach, cottam solar project consent reinforces uk renewables drive, editor's pick.

Out-Law Guide

Permitted development: replacing vacant buildings with new homes

03 Sep 2020

Permitted development rights: upwards extensions

Don't miss a thing.

Sign-up to receive the latest news, analysis and events direct to your e-mail inbox

You might also like

Out-Law News

CSDDD clears late hurdle but with watered down terms

Fewer businesses will be subject to EU laws prescribing tighter scrutiny of supply chains than was originally envisaged after late amendments to the proposed new Corporate Sustainability Due Diligence Directive (CSDDD) were endorsed by law makers.

Broad scope for building liability orders highlighted by ruling

A new ruling shows how construction contractors facing claims for defective building works in England or Wales might seek a ‘building liability order’ (BLO) against other defendants to reduce their financial exposure, an expert in building safety and construction dispute resolution has said.

Home Office cracking down on illegal working in the UK

Alex Wright tells HRNews about preparing for right to work compliance visits by the Home Office

UK government plans to revamp holiday pay calculation for part-year workers

Out-Law Analysis

Pensions disputes: managing member expectations paramount

UK subsidy control post-Brexit: access to effective judicial remedies

'Steps of court' settlement was not negligent, court rules

'Vast majority' of companies not seeking to avoid tax

'World first' industrial decarbonisation strategy developed in the UK

3D printing: UK product safety issues

5G potential for business highlighted in UK funding programme

Sectors and what we do

Sectors we work in.

• Financial Services
• Infrastructure
• Technology, Science & Industry
• Your assets
• Your company
• Your finance
• Your legal team and resource
• Your people
• Your risks and regulatory environment

Your privacy matters to us

We use cookies that are essential for our site to work. To improve our site, we would like to use additional cookies to help us understand how visitors use it, measure traffic to our site from social media platforms and to personalise your experience. Some of the cookies that we use are provided by third parties. To accept all cookies click ‘accept all’. To reject all optional cookies click ‘reject all’. To choose which optional cookies to allow click ‘cookie settings’. This tool uses a cookie to remember your choices. Please visit our cookie policy for more information.

• Site-finding filters
• Pre-defined site finding
• Planning search and alerts
• Planning constraints
• Planning applications
• Residential comparables
• Availability listings
• Mobility: Traffic and footfall
• DTV Letter Sending
• Residential developers
• Land and new homes agents
• Deal sourcers
• Commercial developers
• Commercial occupiers
• Planners and architects
• Client success stories
• Data giveaways
• Client success
• Get in touch

A developer's guide to navigating building and planning use classes

For property professionals in the UK, staying up-to-date with the latest planning regulations and Use Classes is crucial for making informed decisions on development projects, intended uses, and target ‘tenants/end goal’. With the replacement of the Use Class Order 1987 by the Use Class Order 2020, significant changes have taken place that must be considered.   

Shortcuts ✂️

Sui generis .

• How developers can use planning use classes to their advantage 

What is a planning use class? 

In the United Kingdom, the planning use class system serves as a classification framework to categorise diverse types of land and buildings based on their allowed uses. This system plays a crucial role in determining whether planning permission is necessary for a specific change of use or development.

The use class system provides clarity and consistency in identifying the permitted uses for different properties. It helps local authorities, developers, and individuals understand the planning requirements associated with a particular land or building. By assigning properties to specific use classes, the system establishes a framework for assessing planning applications and ensures that developments align with the intended use of the area.

The UK planning use class system encompasses various classes, each representing a distinct category of land or building use. Here is a detailed explanation of each use class as well as an outline of the defunct classifications since 2020:  

Class B   

Class B is for commercial use and it is divided into two sub-classes: B2 and B8.  

• B2 General Industrial: This class covers the use for industrial processes other than one falling within Class E(g) and excludes incineration purposes, chemical treatment, or landfill or hazardous waste.  
• B8 Storage or Distribution: This class includes open-air storage.  

Class C  

Class C includes three sub-classes: C1, C2, and C3.  

• C1 Hotels: This class is for hotels, boarding and guest houses where no significant element of care is provided, excluding hostels.  
• C2 Residential Institutions: This class covers residential care homes, hospitals, nursing homes, boarding schools, residential colleges, and training centres.  
• C2A Secure Residential Institution: This class is for the provision of secure residential accommodation, including use as a prison, young offenders institution, detention centre, secure training centre, custody centre, short-term holding centre, secure hospital, secure local authority accommodation, or use as a military barracks.  
• C3(a) Single-person or family use: This covers use by a single person or a family, a couple whether married or not, a person related to one another with members of the family of one of the couple to be treated as members of the family of the other, an employer and certain domestic employees, a carer and the person receiving the care, and a foster parent and foster child.  
• C3(b) Six people sharing care: This covers up to six people living together as a single household and receiving care, such as supported housing schemes for people with learning disabilities or mental health problems.  
• C3(c) Six people sharing a household: This class allows groups of people (up to six) living together as a single household. This allows for those groupings that do not fall within the C4 HMO definition, but which fell within the previous C3 use class, to be provided for. A small religious community may fall into this section as could a homeowner who is living with a lodger.  
• C4 Houses in Multiple Occupation: This class is for small shared houses occupied by between three and six unrelated individuals, as their only or main residence, who share basic amenities such as a kitchen or bathroom.  

Class E - commercial, business, and service  

Class E is the most comprehensive class, and it covers 11 parts that more broadly cover uses previously defined in the revoked Classes A1/2/3, B1, D1(a-b), and indoor sport from D2(e).  

• E(a) Retail sale: This covers the display or retail sale of goods, other than hot food.  
• E(b) Food and drink: This covers the sale of food and drink for consumption mostly on the premises.  
• E(c) Business and service: This includes the provision of financial services, professional services (other than health or medical services), or other appropriate services in a commercial, business, or service locality.  
• E(d) Indoor sport, recreation, or fitness: This covers uses not involving motorised vehicles or firearms or use as a swimming pool or skating rink.  
• E(e) Medical or health services: This covers the provision of medical or health services except the use of premises attached to the residence of the consultant or practitioner.  
• E(f) Childcare: This includes crèches, day nurseries, or day centres not including residential use.  
• E(g) Residential use: This covers uses that can be carried  
• E(g)(i) Offices to carry out any operational or administrative functions,  
• E(g)(ii) Research and development of products or processes  
• E(g)(iii) Industrial processes  

Class F - Local community and learning

In two main parts, Class F covers uses previously defined in the revoked classes D1, ‘outdoor sport’, ‘swimming pools’ and ‘skating rinks’ from D2(e), as well as newly defined local community uses.  

• F1(a) Provision of education  
• F1(b) Display of works of art (otherwise than for sale or hire)  
• F1(c) Museums  
• F1(d) Public libraries or public reading rooms  
• F1(e) Public halls or exhibition halls  
• F1(f) Public worship or religious instruction (or in connection with such use)  
• F1(g) Law courts  
• F2(a) Shops (mostly) selling essential goods, including food, where the shop’s premises do not exceed 280 square metres and there is no other such facility within 1000 metres  
• F2(b) Halls or meeting places for the principal use of the local community  
• F2(c) Areas or places for outdoor sport or recreation (not involving motorised vehicles or firearms)  
• F2(d) Indoor or outdoor swimming pools or skating rinks   

'Sui generis' is a Latin term that, in this context, means ‘in a class of its own’.  

Certain uses are specifically defined and excluded from classification by legislation, and therefore become ‘sui generis’. These are:  

• theatres  
• amusement arcades/centres or funfairs  
• launderettes  
• fuel stations  
• hiring, selling and/or displaying motor vehicles  
• taxi businesses  
• scrap yards, or a yard for the storage/distribution of minerals and/or the breaking of motor vehicles  
• ‘Alkali work’ (any work registerable under the Alkali, etc. Works Regulation Act 1906 (as amended))
• hostels (providing no significant element of care)  
• waste disposal installations for the incineration, chemical treatment or landfill of hazardous waste  
• retail warehouse clubs  
• nightclubs  
• casinos  
• betting offices/shops  
• pay day loan shops  
• public houses, wine bars, or drinking establishments – from 1 September 2020, previously Class A4  
• drinking establishments with expanded food provision – from 1 September 2020, previously Class A4  
• hot food takeaways (for the sale of hot food where consumption of that food is mostly undertaken off the premises) – from 1 September 2020, previously Class A5  
• venues for live music performance   
• cinemas   
• concert halls   
• bingo halls   
• dance halls 

Other uses become ‘sui generis’ where they fall outside the defined limits of any other use class.  

For example, C4 (houses in multiple occupation) is limited to houses with no more than six residents. Therefore, houses in multiple occupation with more than six residents become a ‘sui generis’ use.  

It's important to note that there's no official list of use classes, and the interpretation of the legislation can vary between local planning authorities. Understanding the use classes can help property developers to determine if a particular site or property is suitable for their intended use, and avoid costly complications later down the line. If there are any disputes about which use class a building should fall under, it may be wise to engage an architect or planning consultant to advise and liaise on your behalf.  

Defunct use classes 

Old Use Classes are included here for reference and use in specific situations where they remain valid.  

Class A 

Class A was revoked from 1 September 2020. Class A 1/2/3 were effectively replaced with Use Class E(a,b,c). A4/5 uses were not covered by Use Class E and became defined as ‘Sui Generis’  

• A1 Shops - Shops, retail warehouses, hairdressers, undertakers, travel and ticket agencies, post offices, pet shops, sandwich bars, showrooms, domestic hire shops, dry cleaners, funeral directors and internet cafes  
• A2 Financial and professional services - Financial services such as banks and building societies, professional services (other than health and medical services) and including estate and employment agencies. It does not include betting offices or pay day loan shops - these are now classed as “sui generis” uses (see below)  
• A3 Restaurants and cafés - For the sale of food and drink for consumption on the premises - restaurants, snack bars and cafes  
• A4 Drinking establishments - Public houses, wine bars or other drinking establishments (but not night clubs) including drinking establishments with expanded food provision  
• A5 Hot food takeaways - For the sale of hot food for consumption off the premises

B1 Business was revoked from 1 September 2020. It is effectively replaced with the new Class E(g).  

• B1 Business – Uses which can be carried out in a residential area without detriment to its amenity. This class was formed of three parts:  
• B1(a) Offices - Other than a use within Class A2 (see above)  
• B1(b) Research and development of products or processes  
• B1(c) Industrial processes  
• Use Classes B2 and B8 remain valid (see ‘Current Use Classes’ above).  
• Use Classes B3 (revoked in 1992), and B4 to B7 (revoked in 1995) were used to call out specific industrial uses.  

Class D 

Class D was revoked from 1 September 2020. D1 was split out and replaced by the new Classes E(e-f) and F1. D2 was split out and replaced by the new Classes E(d) and F2(c-d) as well as several newly defined ‘Sui Generis’ uses.  

• D1 Non-residential institutions - Clinics, health centres, crèches, day nurseries, day centres, schools, art galleries (other than for sale or hire), museums, libraries, halls, places of worship, church halls, law court. Non-residential education and training centres  
• D2 Assembly and leisure - Cinemas, music and concert halls, bingo and dance halls (but not night clubs), swimming baths, skating rinks, gymnasiums or area for indoor or outdoor sports and recreations (except for motor sports, or where firearms are used).  

How developers can use planning use classes to their advantage 💡

Knowing the different building and planning use classes can be very advantageous for property developers and investors in the UK. It allows them to make informed decisions about construction projects, intended uses, and target tenants/end goals. Here are four ways developers can use building use classes to their advantage:  

1. Determine the right location and type of property to invest in 

The different use classes provide developers with a clear indication of the types of properties that are suitable for particular uses. For example, a developer looking to invest in a retail space can look for properties that fall under use class E(a), E(b), or E(c). If they are looking to invest in a residential property, they can look for properties that fall under use class C3. By understanding the different use classes, developers can make more informed decisions about where and what to invest in.  

2. Understand planning regulations and restrictions 

Developers must adhere to specific planning regulations and restrictions when constructing buildings. The use classes give developers an idea of what types of buildings are permitted in certain areas. For example, a developer looking to build a storage facility would need to ensure that the proposed site is zoned for industrial use, falling under use class B8.

3. Identify potential tenants or the end goal of a project

Developers can also use building use classes to identify potential tenants. By understanding what use classes apply to certain types of properties, they can tailor their marketing strategies to attract the right tenants or buyers. For example, a developer with a property under use class E(c)(iii) could market the space to businesses offering professional services or financial services.  

4. Maximise the value of a property 

Developers can also use building and planning use classes to maximise the value of a property. For example, a developer with a property under use class E(g)(iii) could lease the property to a company engaged in industrial processes that generate higher returns.  

The UK's recent changes to the use classes bring more flexibility and opportunities for developers and investors. However, understanding the different use classes is critical to making informed decisions about investing in, developing, or leasing properties. Developers who understand the different use classes can make more informed decisions, maximise the value of their properties, and attract the right tenants.  

Key reads on the Nimbus blog

The UK's planning policy landscape has recently undergone significant changes, opening up new avenues for development, particularly in the newly defined "grey belt" areas. For developers, this presents a unique opportunity to capi...

We at Nimbus are always enhancing our platform to provide you with the essential property intelligence tools needed to navigate the property market with ease. We are excited to introduce our latest product release, packed with new...

Uncovering hidden development opportunities using Strategic Housing Land Availability Assessment (SHLAA) sites involves a blend of detailed research, strategic analysis, and proactive thinking. SHLAA is a vital resource that highl...

The Strategic Housing Land Availability Assessment (SHLAA) is a vital planning document in the UK, offering insights into the availability and suitability of land for residential development. By leveraging SHLAA data, property dev...

See Nimbus in action

A free demonstration with one of our experts is the perfect opportunity to see just how Nimbus can:

• Find opportunities at scale
• Save 80% of the time you spend on research
• Quickly check financial and planning viability
• Access all the information you need in one place
• Connect with owners at scale

Some of our happy customers

Book your demo

Book your free, no obligation demo and learn how Nimbus can benefit you today

Planning reform: A Guide to changes to the Use Classes Order in England

31 July 2020

The government has proposed a complete overhaul of the Use Classes Order which relates to land within England.

The move is designed to allow greater flexibility between all uses and ultimately a more agile planning framework to reflect evolving demands in how property is utilised, without having to obtain planning permission.

In tandem with a steady stream of new Permitted Development Rights (PDR) announced in June, this is yet another measure by the government to reform the planning system which will undoubtedly fuel development and asset repositioning.

The changes, which will come into effect on 1 September 2020, will see Use Classes B1, A1-A5, D1 and D2 revoked, and replaced with Class E – ‘Commercial, service and business class’.

This will mean that land or buildings utilised for the above uses will not need to obtain planning permission for changes. Class F is reformed in two parts F1: ‘Learning and non-residential institution’ and F2 ‘Local community class’. Lastly, the new rules will also add a number of uses to the existing list of “sui generis” uses which means that planning permission will be required for any change of use.

The planned changes to the Use Classes Order are outlined below:

Whilst the new uses will come into effect on 1 September 2020, these new uses will not be applied to the General Permitted Development Order until 31 July 2021. Any application during this time for prior approval will be determined with reference to the current Order.

To see how the new regulations might create opportunity for your property assets please do get in touch.

Unravelling the red tape of Town Planning

A Practical Guide to Use Classes in England

Understanding use classes is essential for anyone involved in property development, property investment, or property management in England. This practical guide will help you navigate the use classes system, explaining what they are, why they matter, and how to deal with related planning issues.

What Are Use Classes?

In England, use classes categorise buildings and land based on their primary function. These categories help regulate changes in use and ensure that such changes are managed effectively. The Town and Country Planning (Use Classes) Order 1987 , as amended, outlines these categories.

Overview of Use Classes

Class B: Industrial and Storage

– B1: Business (now part of Class E(g)) – includes offices, research and development, light industrial – B2: General industrial – for industrial processes not classified in B1 – B8: Storage or distribution – includes warehouses, storage units, and distribution centres

Former uses B3, B4, B5, B6, B7 had been consolidated into the other B classes prior to 2020.

Class C: Residential

– C1: Hotels – hotels, boarding, and guest houses where no significant element of care is provided – C2: Residential institutions – includes hospitals, nursing homes, residential schools, colleges, and training centres – C2A: Secure residential institutions – includes prisons, young offenders’ institutions, detention centres – C3: Dwellinghouses – includes single dwellings, small shared houses, and families living together – C4: Houses in multiple occupation (HMOs) – small shared houses occupied by between three and six unrelated individuals as their only or main residence

Class E: Commercial, Business, and Service

– E(a): Shops (excluding hot food)

– E(b): Restaurants and cafés

– E(c): Financial and professional services (excluding medical services)

– E(d): Indoor sports, recreation, or fitness

– E(e): Medical or health services

– E(f): Crèches, day nurseries, and day centres

– E(g): Offices, research and development, light industrial processes

Class F: Local Community and Learning

– F1: Learning and non-residential institutions (e.g., schools, museums, libraries)

– F2: Local community uses (e.g., community halls, outdoor sports, essential goods shops)

Sui Generis: Unique Uses

Some uses don’t fit into a specific class and are considered “sui generis.” Examples include:

• Pubs and bars
• Hot food takeaways
• Betting offices and payday loan shops

Why Use Classes Matter

Whether planning permission is required to change the use of a building or land depends on the current and proposed use classes. For instance, changing from a shop (Class E) to a restaurant (Class E) usually doesn’t require planning permission, but changing a shop (Class E) to a pub (sui generis) does.

Understanding use classes can affect property value and investment decisions. Properties with flexible use classes may be more attractive to buyers and investors due to the ease of changing uses without needing extensive planning permission.

Use classes help maintain a balanced mix of services and amenities within a community, ensuring essential services like shops, schools, and medical facilities are preserved.

Navigating Use Classes

Permitted Development Rights : Permitted development rights allow certain changes without needing planning permission. These rights can vary based on the use class and location of the property. For example, some changes within Class E do not require planning permission, promoting flexibility in commercial uses.

Local Development Plans : Local planning authorities (LPAs) create development plans that can influence use classes in specific areas. These plans may impose additional restrictions or provide guidance on acceptable uses, affecting how properties can be utilised.

Article 4 Directions : Local authorities can use Article 4 Directions to remove permitted development rights in specific areas, requiring planning permission for changes that would otherwise be allowed.

Impact on Neighbourhoods : Changing the use class of a property can significantly impact the local neighbourhood. For example, converting a residential property into a commercial one can increase traffic and noise, which might be opposed by local residents.

Steps to Follow

• Always check with your LPA for guidance on use classes and any local policies that may affect your property.
• Determine if your proposed change falls under permitted development rights or if planning permission is required.
• Consider the impact of the change on the local community and any potential objections from neighbours.
• Engaging with planning consultants or legal experts can provide valuable insights and ensure compliance with all relevant laws and regulations.

In Conclusion

Use classes are a fundamental aspect of planning law in England, categorising properties based on their primary function and guiding planning permissions. Understanding these classes is essential for property owners, developers, and investors to make informed decisions and ensure compliance with regulations.

At Planning House, we are dedicated to helping you navigate the complexities of planning law. Whether you need advice on use classes, planning applications, or any other planning issues, our experts are here to assist. Visit our website for more information and expert guidance tailored to your specific needs.

By familiarising yourself with use classes and related planning issues, you can effectively manage property developments and investments, contributing to well-planned and vibrant communities.

Related Content

More information for you is available in our series of  eBooks  and  Practical Guides  which cover everything from the very basics of town planning to application processes and what developers need to consider.

If you’re not sure if you need help from a Town Planner take a look at our article When to Hire a Town Planner  or download our  Guide on How to Choose a Town Planner .

Planning Applications, Planning Appeals & Planning Consultant

The impact on developers - Major changes to planning use classes and permitted development

The Government has now implemented significant changes to the use classes system in England (Use Class Order 1987) through the new Town and Country Planning (Use Classes) (Amendment) (England) Regulations 2020. The main driver of change has been a need to enable the repurposing of buildings on high street and town centres.

The Regulations contain some detailed transitional provisions which will affect how and when changes take effect in practice. The Regulations came into force on 1 September 2020 . Separately, the Government has announced major changes to the permitted development regime.

Use Classes

The Regulations introduce three new use classes (E, F1 and F2). The most significant change is the creation of a new “Commercial, Business and Service” use called “Class E”. This brackets together a wide variety of uses, all of which are now considered to be in the same use class:

• Restaurants
• Financial, professional or other commercial services
• Publicly accessible indoor sport, recreation or fitness
• Publicly available medical or health services
• Crèches, day nurseries and day centres
• Offices, including research and development
• Industrial uses which do not harm amenity.

Planning permission is not required for changes of use within the same use class. This means that many types of business user will be able to change the uses of properties without seeking planning permission. For example, under the new rules, a shop will be able to change to an office and then to a gym and back again, without planning permission.

The residential (C classes), general industrial (B2) and storage and distribution (B8) use classes remain unchanged, except for a new cross-reference in the B2 class to the new Class E.

Some of the community type uses have been put together in the new Class F1 and Class F2. Class F1 refers to learning and non-residential institutions where there is generally wider public use such as school, libraries and art galleries. Class F2 refers to local community facilities where classes groups together such as community halls and meeting spaces, uses which provide for physical group activities such as swimming pools, skating rinks and areas for outdoor sports and a small, local shop like one you would find in a rural community or a large residential development.

A further significant change is the confirmation of a new list of sui generis uses. Sui generis uses generally cannot be changed to any other use without planning permission. The new list of sui generis uses includes:

• Pubs, wine bars and other drinking establishments (including those with expanded food provision)
• Hot food takeaways
• Live music venues
• Cinemas, concert halls, bingo halls and dance halls.

Practical consequences

From 1 September 2020 to 31 July 2021, permitted development rights enabling a change of use will continue to be applied based on the existing use classes, as they existed on 31 August 2020. For example, the office to residential permitted development right will continue to have effect pursuant to the existing system.

Planning applications submitted before 1 September 2020 that cite the current use classes must continue to be decided by the local planning authority using the former uses classes after 1 September 2020, so there will be no change there.

In order to change the uses within a class, there must have been actual and lawful use (i.e. if the building is not being used or occupied for the use permitted under an existing planning permission, it will need to be bought into that use before it can then change to another use within Class E).

Permitted development rights

The Government has also implemented, in parallel, a separate series of changes to permitted development rights. In summary, the following additional permitted development rights are available:

• From 31 August 2020, there will be a new permitted development right allowing the demolition and rebuilding of “vacant and redundant” office and light industrial buildings into dwellings, without planning permission.
• From 31 August 2020, new permitted development rights will enable the upward extension, by up to two storeys, of existing postwar-built homes. These rights will also be extended to the creation of new homes above terraces, offices and shops, without planning permission.

Both rights will require that prior approval is sought from the local authority prior to commencement of the development. This includes approval in respect of traffic and highway matters, air traffic and defence asset impacts, contamination risks, flood risk, the external appearance of the building, the provision of adequate natural light in all habitable rooms of the new dwellings, impact on amenity of the existing building and neighbouring premises including overlooking, privacy and loss of light, and the impact on any protected views.

The key constraint is that the upward extension rights will only apply to existing residential dwellings or purpose-built, detached blocks of flats. Mixed-use buildings will not benefit from these new rights.  

Potential legal challenge

At the time of preparing this article, a pre-action protocol letter has been submitted to the Ministry for Housing, Communities and Local Government in respect of both the changes to the use classes order and the new permitted development rights. The letter alleges a failure to meaningfully consider consultation responses, breach of the Public Sector Equality Duty and failure to carry out an appropriate Environmental Impact Assessment. The Government was required to reply by 26 August 2020, or else the applicant has threatened to seek interim relief as part of a judicial review application, preventing these legal provisions from having effect.

Effect of changes

Permitted development.

In terms of the new permitted development rights, the ability to demolish and replace office and light industrial buildings with dwellings provides another avenue to enable creative forms of residential development. This may result in properties without any other viable use being creatively repurposed as residential accommodation, and otherwise unusable or undevelopable properties could now be redeveloped to provide much-needed housing.

Use classes

Landowners, occupiers and other business operators with the benefit of Class E uses will now have a much broader array of options available to them in terms of possible uses of those sites. Persons with newly sui generis uses will find those uses are now subject to local authority control.

The Government’s newly-relaxed approach will also have the effect of enabling previously-unused sites and assets to be brought back into use. This means that previously under-utilised land can also now be used more effectively.

These changes also have the effect of unlocking uses which were previously impractical in specific contexts. For example, many local authorities have policies which seek to protect specific uses in the town centre, or office space within designated areas. These restrictions would no longer have effect against changes of use within Use Class E.

As a side effect the changes will also have an impact on valuation. For example, a property which had achieved a desirable change of use may now find that any such extant permission is unnecessary and does not result in an uplift in value. Similarly, there is likely to be a levelling-out of valuations for properties within the new use class, given the interchangeability of uses therein.

Landlords will also need to be particularly cognisant of the new arrangements when looking at leases and the extent of use that is authorised. Allowing too broad a permitted use could now result in undesirable changes of use within the scope of the lease, and landlords will not be able to fall back on the planning system as a bulwark against such changes.

Finally, while the changes are very significant, they are only the tip of the iceberg for potential planning changes on the immediate horizon. The Government’s current White Paper foreshadows the possibility of swinging changes to the entire planning system over the coming months, including the potential implementation of a consolidated infrastructure levy, and it may well be that further permitted development reforms follow in kind.

If you have any questions arising in relation to the above, please do not hesitate to contact the Planning Team at Bevan Brittan.

• 0370 194 8940

Kathryn Lawrance

I am a planning specialist, advising on all issues involved

Related Insights

Charity trekkers from Bevan Brittan tackle Bristol Bridges Walk to...

Aug 22 2024, thames reach becomes bevan brittan’s new office charity in london, aug 19 2024, bevan brittan chooses local age uk group as new birmingham office..., related tags.

• Housing & Regeneration
• Construction & Engineering Overview

Our use of cookies

We use necessary cookies to make our site work. We'd also like to set optional analytics cookies to help us improve it. We won't set optional cookies unless you enable them. Using this tool will set a cookie on your device to remember your preferences. For more detailed information about the cookies we use, see our Cookies page .

Necessary cookies

Necessary cookies enable core functionality such as security, network management, and accessibility. You may disable these by changing your browser settings, but this may affect how the website functions.

Analytics cookies

We'd like to set Google Analytics cookies to help us to improve our website by collection and reporting information on how you use it. The cookies collect information in a way that does not directly identify anyone. For more information on how these cookies work, please see our Cookies page .

• Professional Services & Management
• Intelligence Hub

Use Class Order

You source of market insights and resources, radical reshape of planning use class system.

In July 2020 the Government announced radical changes to our planning system, overhauling our previous long standing Use Classes Order in favour of increased flexibility in the hope of supporting the recovery of our high streets and towns.

The new provisions came into force on 1 September 2020 and allow significantly greater flexibility to change uses within towns across England without the need to obtain planning permission.  The changes saw us wave goodbye to Classes A1, A2, A3, B1, D1 and D2 all of which have been revoked in favour of a new Class E ‘Commercial Business and Service’.  This new class covers a wide range of uses including: retail, financial and professional services, cafés and restaurants (currently A1-A3); offices, research and development and light industrial (currently B1); clinics, health centres and nurseries (currently D1) and indoor sport and recreation (currently D2).

Two other new use classes were introduced: Class F.1 (Learning and non-residential institutions) which previously sat within use class D1, and F.2 (Local community) which previously sat within use class D2.

As we expected there are some exclusions from Class E to protect uses with community value for example ‘cinemas and bingo halls’ (currently D2) and also to prevent unrestricted conversion to those uses with potential negative externalities, for example drinking establishments (currently A4) and ‘hot food takeaways’ (currently A5). These now fall within Sui Generis use and will need planning permission for change of use to or from.

This new system allows landlords, and tenants to a degree, to keep pace with our changing retail and leisure market; enabling redundant retail accommodation to be repurposed into a viable alternative use.  Landlords benefit, being able to pick and choose the most valuable use for their property.  However, whilst many positive changes have already been witnessed, concerns remain regarding such an open policy reducing the range of services on our high streets in the long term.

Local authorities have always previously retained an element of power to influence the use class of a building.  When the government announced, in 2015, that office buildings could automatically be converted into residential accommodation through Permitted Development Rights we saw the subsequent introduction of Article 4 Directions which provided localised powers to prevent such conversion and protect employment areas.  Whilst local authorities have not yet tried to soften the impact of this new legislation, we have no doubt that many councils will want some input in shaping their built environment in the medium and long term.

We live in a dynamic country with changing consumer and occupier habits.  Our built environment needs to keep pace with these changes and this new use class system has provided us with a suitable framework.  It has removed red tape, increased flexibility of land use and allows the repurposing of redundant buildings.  This can only be a good thing for our economy, particularly during challenging economic times in the post pandemic era.   We anticipate, however,  that some local authorities may seek to impose restrictions to protect amongst others, core employment areas and prime retail pitches.

Gareth Hosgood Partner, Commercial Valuation

View Profile

If you are interested in knowing more about Use Class Order and how it relates to valuations then please get in touch with Gareth

Would you like some valuation advice?

We are here to help and if you would like to contact us regarding a valuation on your property or portfolio, please do not hesitate to get in touch with a member of the team. Alternatively you can complete our enquiry form below with your details and property information and one of our partners will contact you.

Other Valuation Specialisms

Leisure & alternative, industrial & logistics, land & development, ground rents, residential, affordable housing, build to rent, student & co-living, related services, commercial property investment, residential investment, receivership, build to rent investments, property asset management, student accommodation investment.

Reed Smith LLP

3 September 2020 Reed Smith Client Alerts

What you need to know about the changes to planning use classes

Authors: Julia Berry Siobhan Hayes

Our webinar will give you a practical overview of the changes, covering:

• Getting to know the new use classes
• New ‘sui generis’ uses
• The impact of the changes
• The effect of the changes on leases, both new and existing

To access the on-demand webinar, please contact Webinar Requests . Take a look at the resources section for a quick reference guide to the use class changes.

Our planning counsel and speaker on this webinar, Julia Berry, has also recently been published in The Planner, giving an update on the CIL. You can read the article at theplanner.co.uk.

Client Alert 2020-506

Share Tools

• Share on Facebook
• Share on LinkedIn
• Share via Email
• Print This Page

You May Be Interested

If you can't find the information you need, you can email us at [email protected]

What are use classes?

The Town and Country Planning (Use Classes) Order 1987 (as amended) (UCO) sets out various categories of use referred to as “use classes”, which relate to the use of land and buildings.

The Business and Planning Act 2020 introduced a significant change to the Use Classes Order.  Essentially, the new regulations (effective from 1 September 2020) introduce a broad category of ‘commercial, business and service’ uses, known as Class E, along with Class F ‘community and learning’.

The existing Classes A1 to A5, B1, D1 and D2 are revoked.

The new Class E effectively amalgamates the existing Class A1 (retail), Class A2 (financial and professional services), A3 (restaurants/cafes), B1 (offices) along with health/medical uses, creches, nurseries (all formerly D1 uses) and indoor sports/recreation (formerly D2 use).  Permission is not required to change between any of the uses within the new Class E. 

Class A4 (drinking establishments) and A5 (hot food take away) both become ‘sui generis’.  That means, beyond classification.  There are no permitted development rights for this category.

Class F1 – learning and non-residential institutions

This includes educational establishments, museums, galleries (display not sale), libraries, exhibition hall/public hall, place of worship or religious institution, law courts.

Class F2 – local community

(a)a shop mostly selling essential goods, including food, to visiting members of the public in circumstances where—

(i)the shop’s premises cover an area not more than 280 metres square, and

(ii)there is no other such facility within 1000 metre radius of the shop’s location,

(b)a hall or meeting place for the principal use of the local community,

(c)an area or place for outdoor sport or recreation, not involving motorised vehicles or firearms,

(d)an indoor or outdoor swimming pool or skating rink.

The full regulations can be accessed here: https://www.legislation.gov.uk/uksi/2020/757/made

New Use Classes vs Former Use Classes – table of changes

No changes to ‘C’ use classes, no changes to B2 (industrial) or B8 (storage or distribution)

You will usually need planning permission to change from one use class to another, although there are exceptions where the legislation does allow some changes between uses. This is called "permitted development" and the relevant legislation is The Town and Country Planning (General Permitted Development) Order 2015 (GPDO) (as amended).

It should also be noted that sometimes what are known as Article 4 Directions may take away rights to carry out development which would otherwise be allowed by the GPDO – your local planning authority should be able to advise if this applies to your area. Also conditions on a planning permission might take away rights to change uses under the Use Classes Order or the GPDO or to build extensions, etc under the GPDO – for instance, large stores on retail parks sometimes have conditions on their planning permissions preventing the sale of food, so they do not adversely affect sales from nearby shopping centres. In addition, if a premises has changed use under a "prior notification" provision of the GPDO, then there may be further restrictions on subsequent changes of use.

Sometimes it is difficult to establish the lawful use of a premises, particularly if it has changed over time and/or does not operate in a consistent way. For this reason, it is important for your local planning authority (LPA) to advise, based on the particular circumstances of each site, which use class a particular use falls into and what use is considered lawful. The Lawful Development Certificate process can greatly help in this regard.

• Property search
• People search

OUr OFFICES

• Environmental, Social and Governance
• Equity, Diversity and Inclusion
• Our offices
• A3 Relocation Solutions
• Acquisitions, disposals & lettings
• Airspace Exchange
• Asset advisory
• Building consultancy
• Business rates
• Capital markets
• ESG & sustainability
• Industrial agency
• Ikon - residential & mixed-used consultancy
• Land consultancy
• Lease advisory
• LSH Investment Management
• Major projects & cost consultancy
• Office advisory
• Planning, regeneration + infrastructure
• Property finance
• Property management
• Property restructuring
• Retail agency
• Alternatives
• Build to rent/Private rented sector
• Corporate occupiers
• Industrial and logistics
• Public sector
• Residential
• Science parks
• LSH Talks - podcasts
• Total Office Cost Survey
• Industrial and logistics market data
• Email updates
• 574 - online property auctions
• HLM Property Management
• Ikon - residential & mixed-use consultancy
• lsh.ie - Ireland property consultancy

Or give us a call on 020 7198 2000

• Commercial property research & news

Radical overhaul of the Use Classes afoot

News - 30/07/2020

Government sets out plans to overhaul the English Planning System in a bid to increase flexibility and support regeneration.

On 21 July 2020, the UK Government laid before Parliament new regulations that, if enacted, will radically overhaul the English Planning System. Changes to permitted development (PD) rights were also announced on the same day.

Streamlined system.

The Town and Country Planning (Use Classes) (Amendment) (England) Regulations 2020 (“UCO”) will streamline the existing 16 Use Classes into 11 by introducing three new broad Use Classes .

This means that from 1 September 2020  planning permission will not be required for change of use within the new broader Use Classes unless explicitly stated, making it easier for businesses and landlords to adapt to the changing demands of the high street.

Furthermore, the new UCO also introduces the notion of a “part use”, allowing a change of use of part of a building, use or planning unit to an alternative Class E use without permission.   

• Class E - A new single Commercial, Business and Service Use Class known as E which, a s well as subsuming the existing A1, A2, A3, B1 and selected D1 and D2 Use Classes which includes retail, food, financial services, indoor sport and fitness, medical or health services, nurseries, offices and light industry, Class E will also include a new category of ‘other services which it is appropriate to provide in a commercial, business or service locality’.  This is expected to comprise uses such as travel agents and post offices which were previously classified within Class A1.

Class F1 - A  new Learning and Non-Residential Institutions Use Class, known as F1, embraces the remaining parts of the existing D1 Use Classes that are not included within the new Class E. This will include education, non-commercial galleries, law courts, libraries, museums, places of worship and public halls.

• Class F2 -  A new Local Community Use Class, known as F2, will comprises part of the current A1 and D2 Use Classes and includes small corner shops, local community halls, outdoor recreational areas and swimming pools.
• Sui Generis -  Pubs, wine bars and other drinking establishments, drinking establishments with expanded food provision , hot food takeaways, live music venues, cinemas, concerts, bingo and dance halls are added to the list of sui generis uses so a change from one to another would require planning permission if there is a material change in use. There are significant potential uncertainties with this, for example, what the difference between a restaurant and a ‘drinking establishment with expanded food provision’ such as a gastropub might be.   Consequently there could be a rise in disputes over such matters.

Other Use Classes -  Use Classes C (residential), B2 (general industrial) and B8 (storage and distribution) remain unchanged in all material respects.

Transitional provisions will ensure that buildings or uses will continue to be subject to any existing PD rights in force on or before 31 August 2020. These provisions will remain in place until 31 July 2021 when revised PD rights will be introduced.   The changes subsequently come into force on 1 September 2020 although there is a material period from 1 September 2020 to 31 July 2021, during which time references to uses and use classes in the General Permitted Development Order will remain as presently defined in the current UCO. This will allow a transition period where applications for prior approvals in the material period under existing PD rights will be assessed against the current UCO.

For live applications for planning permission submitted before 1 September 2020 which refer to uses or use classes in the current UCO, they must be determined by reference to the old use classes. Once implemented, nevertheless, in the absence of controls in the permission such uses may fall within the new classes for the purposes of the revised UCO.

From 1 September 2020 applications will be capable of seeking permissions that specify the new classes within the revised UCO.

Restrictive conditions

On the face of it these changes are a radical step that will be welcomed in many quarters. The Government has said it wants the use updated UCO to better reflect the diversity of property usage on high streets and in town centres to give businesses and landlords the flexibility to adapt and diversify to meet changing demands.   Despite this stated focus, the changes are not limited to town centre locations but will affect and deliver flexibility for any buildings within the relevant uses wherever they are in England.

Whether these wider commercial and business definitions achieve the intended full flexibility remains to be seen as local planning authorities may seek to use existing tools to limit flexibility including the use of planning conditions to restrict PD rights. While conditions restricting the future use of PD rights or changes of use may not pass the test of reasonableness or necessity this is likely to be a point of contention.   The scope of assessment work required to support applications that seek full flexibility may also need to be established where applicants are keen to avoid such conditions being imposed.

Where applications seek an open Class E use then there may also be challenging issues around the extent of planning conditions and S106 obligations required to control the potential wide-ranging impacts. In practice this may mean that applicants seek to simplify the process by applying for permission for a single or flexible use involving one or more of the uses within Class E which would, once implemented, benefit from the flexibility to change within the other Class E uses.

Where local planning authorities are keen to retain controls and limit the flexibility of changes the practice of using Article 4 Directions is not an option to limit changes within the same class as, under the new UCO, these are not development.   The use of restrictive conditions is therefore more likely to be favoured in these circumstances, provided that the necessary tests are met.

Impact on CIL

Granting permission for an open Class E use would also raise issues around the appropriate community infrastructure levy (CIL) rate. Numerous CIL charging schedules define their rates based on the current use classes and it is not clear whether these would need to be reviewed. Local planning authorities will need to assess how the changes interact with their charging schedules and where there are issues this may impact on the ability of developers to determine accurate estimates of CIL liability.   The requirement for clarity over the uses, pertinent to the charging schedules, could also see an unintended rise in planning conditions that restrict the future use to a specific definition, which could reduce the intended flexibility.

Missed opportunity

The proposed changes also appear to have missed a trick in recognising the rapid growth in popularity of Build to Rent (BTR) or Private Rented Sectors (PRS) through the creation of its own asset class in order to distinguish it from more traditional housing schemes; something we lobbied Government for back in September 2017 following the launch of our inaugural ‘ Build to Rent: Reaching out to the Regions ’ research report.

If BTR or PRS development held its own use class it would simplify the planning system and further strengthen investors’ and institutions’ appetite for this high-growth product without getting caught up in wider housing planning matters.  It would also allow BTR, which is markedly different to low density housing models, to be focused on town centre regeneration.   

As is often the case with any new procedures or definitions there will be a period of settling down while both applicants and local planning authorities seek to ascertain the likely impacts and potential strengths, weaknesses, opportunities and threats.   We are continuing to monitor these and will provide further updates in due course.

In the meantime, should you have any queries or wish to discuss the implications on your property or emerging plans please get in touch . 

> Download our guide to Use Classes Order changes

> Download our guide to Use Classes Order changes (home printer friendly version)

Related Content

Get in touch

Paul Shuker

Head of Planning Consultancy (North West)PR+I

0161 242 7056

Email me direct

Mary-Jane O'Neill

Head of Planning Consultancy (London & South)

020 7198 2351

Laura Dixon

Director - Planning Consultancy

0191 338 8303

Steve Norris

Executive Director - National Head

020 7198 2281

Please note all fields marked as (*) are mandatory

REGISTER FOR UPDATES

Get the latest insight, event invites and commercial properties by email

[email protected]

No Content Set Exception: Website.Models.ViewModels.Components.General.Banners.BannerComponentVm

Technical services and consulting solutions for clients in the property, energy, transport, water, resources, defence and government sectors.

Advisory and management consulting

Communications, creative and digital

Design and development, environment, exploration and development.

Health, safety and risk

Laboratories

Oceans and coastal, planning and approvals, project and program management, water services.

RPS advisory and management consulting services for businesses and projects, including economics, due diligence, transaction advisory, ESG and more.

Communications, creative and digital solutions for governments and businesses including community engagement, design, research, data and software development.

Technical and consulting services for buildings, infrastructure and cities including architecture, engineering, surveying, landscape architecture and urban design.

Environmental consulting solutions for responsible, resilient and sustainable development including impact assessment, ecology and contamination management.

Technical services for energy projects including seismic operations, drilling and wellsite geology, reservoir management, independent reporting and more.

From safety case development to emergency response strategy, discover services and expertise to reduce your risk profile and keep people safe.

Scientific analysis services for AgroScience, food safety, workplace exposure, environmental analysis and contaminants of concern in Europe and the UK.

RPS technical solutions for marine infrastructure and offshore development including coastal engineering, marine biology metocean science, and emergency response.

Development strategy, planning and approval solutions for buildings, infrastructure, transport and city projects and investments.

Project management solutions for the most complex building, infrastructure, organisational change, and systems projects.

Specialist training services, programs and accreditation for health, safety and risk, project management, and energy sector capability development.

Solutions for the water sector including quality monitoring, modelling, infrastructure design, engineering and asset management.

World-leading technical and consulting solutions for clients in the property, energy, transport, resources, water, defence and government sectors.

Defence and government services

Design, technical and advisory services for the property sector, including residential, commercial, retail, industrial, health, education and data centre projects.

Energy exploration, development and optimisation solutions for renewables, power and gas networks, energy storage, oil and gas and nuclear facilties.

Smart, safe and sustainable transport infrastructure development services and advice for rail, aviation, port and road clients and projects.

Expertise for defence capability and infrastructure investments, security and safety projects, and information and telecommunications initatives.

Discover our industry-leading strategy, design and management solutions for wastewater, groundwater, flooding, drainage and network infrastructure.

Commercial data, design advice and technical management solutions for safe and environmentally responsible resource exploration and operations.

Responsibility

Advisory and management consulting by RPS

Due diligence

Strategy and transformation

Commercial advisory

Transaction advisory

Project investment and finance

ESG consulting

Deal advisory

Communications and engagement

Creative, visualisation and immersive design

Social advisory and research

Data management, analytics and insights

Spatial intelligence and GIS

Software development

Architecture

Lifts and escalators

Building services engineering

Civil engineering

Fire engineering

Geotechnical engineering

Landscape architecture

Structural engineering

Utility options and design

Urban design

Acoustics, noise and vibration

Air quality

Archaeology and heritage

Contaminated land and remediation

Environmental Impact Assessment

Environmental permitting and compliance

Flood catchment management

Human health impacts

Hydrology and hydrogeology

Sustainability and climate resilience

Asset and reservoir management

Drilling support and wellsite geology

Field development planning and operations

Reserves and independent reporting

Seismic operations management and support

Exploration and appraisal studies

Unitisation and equity determination

Unexploded ordnances (UXO) and Explosive remnants of war (ERW)

Asbestos and hazardous materials management

Construction (design and management) principal designer

Health, safety, risk assessment and management

Nuclear safety services

Occupational health

Occupational hygiene

Legionella risk assessment

AgroScience analysis

Food safety analysis

PFAS Analysis

Environmental analysis

Analysis of unknowns

Workplace exposure analysis

Coastal and marine geoscience

Coastal engineering

Commercial fisheries advice and services

Design criteria studies

Marine biology

24/7 response modelling and support services

Marine life mitigation - PSOs, MMOs and PAM

Maritime infrastructure

Metocean, Science and Technology

Planning consultancy

Transport planning

Program management

Project management

Cost management / quantity surveying

Building consultancy

Training: project management

Capability development and training for the energy sector

Water advisory services

Wastewater network operations

Water network operations

Water quality modelling and monitoring

Water and wastewater network modelling and asset management

Water and wastewater infrastructure design

WaterNet Pro

Digital Water

Residential

Commercial and retail

Leisure and tourism

Health and healthcare

Data centres

Oil and gas

Nuclear facilities

Power and gas networks

Security and safety

Information and telecommunications

Water management

Flooding and drainage

Groundwater

UK and Ireland regulated water asset management

We define, design and manage projects that create shared value to a complex, urbanising and resource-scarce world.

Brilliant minds finding solutions to complex problems, made easy to understand. Making complex easy.

Planning permission for data centres: The Use Class explained

We explore the use class system and the implication for data centre  planning applications.  , 11 march 2021 | 4 min read.

ON THIS PAGE

Share this page

Navigating through  the UK  planning system can be time consuming ,  expensive and — all too often — uncertain. Adding to this complexity — and despite the exponential growth in demand for UK data centres — is the fact that no definitive Use Class for these developments has ever been established.  

For data centre developers who need  resilient programmes offering speed to market, a grey area is an unwelcome risk.  So how do you increase your chances of success?  Start by knowing your options.  

The Use Class System

In UK planning, t he Use Class system  determines what a property may legally be used for .  Legislated by central Government,  it  groups uses of similar character into a number of Use Classes. Within these Classes, planning permission is not required to change use. The system is used by local planning authorities to regulate land use. This ensures that inappropriate uses are not allowed in areas where they may cause harm . Local planning authorities are required to produce a development plan which sets out policies for the management of development, including the allocation of areas for certain uses.    

For most  properties and businesses ,  the  Us e  Cl ass system  is very straightforward a s  there is a  clearly defined class  for most  uses.  But   for  data  centres  it gets a bit trickier .   

Data  centres  do  not fit comfortably into any  particular  U se   C lass.  Most  local planning authorities (often influenced by precedent)  categorise  data  centres  for their ‘storage’ of  data ;  opting for Class  B8 — storage or distribution .  B ut, as most of us  who work with data  centres  know,  it’s  not quite as simple as that .  There is an alternative option used by some local planning authorities and that is to classify data  centres as not falling within any Use Class — they are Sui Generis  (from the Latin phrase ‘of their own kind, in a class by itself’) .  

The Use Class  s ystem was updated in September 2020   but  there was  no change or recognition for data  centres .  This seems like an opportunity missed, given th e  economic importance of data  centres .   So ,  until they  are  accurately  represented  we must understand the two  most likely  Use Class  options and when to use them.

The Storage Solution – B8

The   B8  Use Class encompasses  use for storage or as a distribution centre . It can be argued that data centres are  for the electronic  storage  of data and therefore  should  fall into this category.   That can work well for  data centre  planning application s  on land allocated for a B8 use.   However, the development plan policy for some industrial estates does not allow B8 use.  

While these  estates  can provide ideal locations  for a date centre , some  local planning  authorities specifically don’t allow B8 us es on them due to the perception that storage facilities generate relatively  few jobs  compared to industry .  This arises because some local planning authorities are particularly anxious  to be seen to  maximise  job creation. That   perception of data  centres  is arguable, but in terms of the initial assessment of planning application success, it can be an important consideration.  

Sui Generis

I n these instances ,  the alternative is to  argue  for  classifi cation  as  ‘Sui Generis’ use ,   based on the fact that  B8  doesn ’ t acknowledge the complexity of data  centre  operations .  Beyond the storage of data, data  centres   often maintain  and  upgrade  as well as  facilitat e  services for clients, including remote multiple-user access.  Their nature means they often have quite different physical  and design  requirements to  traditional storage buildings.  

The  p lanning argument then becomes one of extol l ing the virtues of a data centre as a special  case ;  e.g. a dvancing the narrow geographic locational requirements; their importance as part of national infrastructure; and their wider benefits to the community and off-site employment.   

Do your research

The ultimate decision maker for the Use Class of a data centre planning application is the local planning authority. The best approach is to research the local area in advance to understand what Use Class will be accepted. Our best advice would be to play your cards according to the local planning authority and how they’ve treated data centres in the past.

It’s also important to understand the arguments where a local authority might reject a ‘B8 use application’. One of the main reasons for this is because a storage facility is not thought to generate much employment. However, this is not necessarily the case and can include a range of jobs including technical support staff such as site managers, engineers, technicians and security officers as well as additional regular visitors.

By researching in advance, you should be able to present a convincing argument  for job creation. 

How can we help?

Data  centres   have witnessed significant growth in recent years . The COVID-19 pandemic has increased the demand for digital communication . B ut, even before the pandemic hit, demand for data  centre  services was booming and had increased by more than 500% between 2010 and  2018.  This demand  may lead to  a specific classification in due course but, in the meantime,  our team can advise the best route  through planning  for your particular project requirements.  

With an in-depth knowledge of the sector, and over  50  years’ planning experience, we can work as project partners from start to finish. Chat to a planning expert today.

Related insights

How to identify the right planning strategy for your data centre

09 march 2021 | 7 min read.

Data Centre planning applications: Four early considerations to maximise your chance of success

15 march 2021 | 6 min read, related services.

Expert development and town planning services including portfolio assessment, site identification, yield advice, masterplanning, approvals and more.

Planning in the UK and Ireland

As one of the largest planning consultancies in the UK and Ireland, we work collaboratively with our clients from our network of regional offices to provide workable solutions to complex issues.

Related sectors

Technical and consulting solutions for today's digital world. Discover our expertise for data centre planning and development.

Data centres: how to navigate the UK planning system

In the heavily competitive UK market, the right data centre site can be hard to come by. And yet even once you’ve purchased the land, there’s no guarantee. So how do you increase your chances of success? 

RPS is committed to protecting and respecting your privacy. We will only use your personal information to administer your account and to provide the products and services you have requested. We would also like to contact you about our products and services, as well as other content that may be of interest to you.

You can unsubscribe at any time. For more information, please review our Privacy Notice. By submitting, you consent to RPS to store and process the personal information provided above.

Operation of the Use Classes Order in England

Published by a lexisnexis planning expert.

The making of 'any material change in the use of any buildings or other land’ is ‘development’ for the purposes of section 55 of the Town and Country Planning Act 1990 (TCPA 1990). Planning permission is required for development so it is always necessary to consider whether a change of use of land is material and therefore constitutes ‘development’.

However, TCPA 1990, s 55(2)(f) provides that a change of use does not amount to development and therefore does not require planning permission, where the former use and the new use are both within the same class specified in an order made under that paragraph.

The Town and Country Planning (Use Classes) Order 1987, SI 1987/764 (the use classes order ) is an order made pursuant to TCPA 1990, s 55(2)(f). It puts uses of land and buildings into broad categories set out in the schedule of the Use Classes Order. Each category is known as a 'use class'.

The Use Classes Order also list a series of uses which are expressly stated not to fall within

Access this content for free with a 7 day trial of LexisNexis and benefit from:

• Instant clarification on points of law
• Smart search
• Workflow tools
• 41 practice areas

** Trials are provided to all LexisNexis content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisNexis services please email customer service via our online form. Free trials are only available to individuals based in the UK, Ireland and selected UK overseas territories and Caribbean countries. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.

Get your quote today and take step closer to being able to benefit from:

• 36 practice areas

Get a LexisNexis quote

* denotes a required field

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Existing user? Sign-in CONTINUE READING GET A QUOTE

Related legal acts:

• Housing Act 2004 (2004 c 34)
• Town and Country Planning Act 1990 (1990 c 8)

Key definition:

Use definition, what does use mean.

means distribute, disclose, store, use, analyse, copy, reproduce, extract, modify, or adapt in whole or in part.

Popular documents

Material change of use.

Material change of useControl of developmentPursuant to section 57 of the Town and Country Planning Act 1990 (TCPA 1990), planning permission is required for ‘the carrying out of any development of land’.’Development’ is defined in TCPA 1990, s 55(1) as:•the carrying out of building, engineering,

Defining the planning unit

Defining the planning unitWhy is it important to establish the planning unit?Pursuant to section 57 of the Town and Country Planning Act 1990 (TCPA 1990), planning permission is required for ‘the carrying out of any development of land’.‘Development’ is defined in TCPA 1990, s 55(1) as:•the carrying

Lawful development certificates

Lawful development certificatesWhat is a lawful development certificate?A lawful development certificate (LDC) is a certificate issued by a local planning authority (LPA) under either section 191 or 192 of the Town and Country Planning Act 1990 (TCPA 1990) certifying either that:•an existing use of

Can a freehold owner dig under their garage to create an underground space without obtaining planning

Can a freehold owner dig under their garage to create an underground space without obtaining planning permission?Pursuant to section 57 of the Town and Country Planning Act 1990 (TCPA 1990), planning permission is required for ‘the carrying out of any development of land’.TCPA 1990, s 58(1)(a)

0330 161 1234

• International Sales(Includes Middle East)
• Latin America and the Caribbean
• Netherlands
• New Zealand
• Philippines
• South Africa
• Switzerland
• United States

Popular Links

• Supplier Payment Terms
• Partner Alliance Programme

HELP & SUPPORT

• Legal Help and Support
• Tolley Tax Help and Support

LEGAL SOLUTIONS

• Compliance and Risk
• Forms and Documents
• Legal Drafting
• Legal Research
• Magazines and Journals
• News and Media Analysis
• Practice Management
• Privacy Policy
• Cookie Settings
• Terms & Conditions
• Data Protection Inquiry
• Protecting Human Rights: Our Modern Slavery Agreement

• About this blog
• Important news for LPAs

All current Use Class options supported in latest updates 

The final part of our work to cover off all current Use Classes in England is now complete and will be implemented on the site after close of business on Thursday 16 November 2023.

This covers two main areas: 

1. Subdivided options for Use Class E – Commercial, Business, and Service 

In all relevant questions, you will see the current single option for Use Class E replaced by options for all the separate sub-divisions of Use Class E as per current legislation . 

• E(a) – Display/Sale of goods other than hot food 
• E(b) – Sale of food and drink for consumption mostly on the premises 
• E(c)(i) – Financial services 
• E(c)(ii) – Professional services 
• E(c)(iii) – Other appropriate services in a commercial, business or service locality 
• E(d) – Indoor sport, recreation, or fitness – Excluding motorised vehicles, firearms, swimming, and skating 
• E(e) – Medical or health services – Except premises attached to the residence of the provider 
• E(f) – Creche, day nursery or day centre – Except where including a residential use 
• E(g)(i) – Offices – Except where not suitable in a residential area 
• E(g)(ii) – Research and development – Except where not suitable in a residential area 
• E(g)(iii) – Industrial processes – Except where not suitable in a residential area 

This allows better identification of the proposed use and, where relevant, better ability to represent how multiple different uses under Use Class E will occur. 

This level of detail used to be provided by the separate Use Class A, B, and D options that were superseded by the introduction of Use Class E. 

An ‘Other’ option will still be available to use as required. 

2. Update to ‘Non-residential floorspace’ question 

This question is now being updated. The issue that previously prevented this has been resolved.  

You will see all current Use Class options represented in the question (including the subdivided Use Class E as per above) and enhanced logic around the need to provide additional details for ‘Net Tradable Area’ and ‘Loss/Gain of Rooms’ if floorspace values for relevant uses are added. 

This will better ensure that details are provided where relevant. 

The question content will also better indicate the calculations the system makes based on the values entered. 

These calculations were confirmed as correct by DLUHC after we received feedback around them. This has been a long-standing issue with the question, as the calculations are different to the similar question asked when providing information in the Community Infrastructure Levy (CIL) form. 

We have discussed this discrepancy with DLUHC and are looking to have them resolve it as part of their overall review of the CIL form requirements that is currently underway. 

What this means for applicants and agents 

Draft applications – We recommend that any previously selected Use Classes in draft applications are reviewed prior to submission to ensure they best represent the current/proposed uses. 

Where more information has been made mandatory, questions may need additional detail entered (or confirmation the detail is not relevant) to allow the application to be completed and submitted. 

Submitted applications – Please be assured that any details already submitted to a Local Planning Authority will not change as the result of our work. 

If you have submitted applications that contained the single Use Class E option we are removing, you may see it referred to as just ‘E’ in the online forms. 

Amendments – If you are amending an application, then we recommend that the original Use Classes selections are not updated, unless they are the reason the amendment is being made. 

Copying applications – If you are copying an application, then the advice for draft applications above should be followed once the copy has been created to ensure its details are correct. 

What this means for Local Planning Authorities 

Once the changes are made, users will be able to select the updated Use Class options and provide relevant details related to them. 

Depending on which version of our data standard your IT supplier is using to process applications into your systems, and how much of the application data it utilises, you will either: 

• See these Use Class options show up directly in your systems; or 
• See them appear as ‘Other’ entries (as would currently be the case); or 
• Need to continue to obtain such details from the generated PDF application form. 

We have provided technical details of the changes we are making to all existing IT suppliers. They should be able to confirm how your system is setup and what you should expect to see. 

Please note: For details of the ‘Net tradable area’ floorspace for retail Use Classes, you will always need to check the PDF generated application forms as this information will not be available in the legacy XML data (but will be in our JSON data standard going forward). 

If you have any queries, please contact our service desk . 

Share this:

From → General news & updates , Improving the Portal

Please give us your feedback but we won’t publish any comments that are not constructive or that criticise any individual, any named business or any local authority. Please note, all comments will be moderated before being published. Cancel reply

Subscribe to this blog.

Enter your email address to follow this blog and receive notifications of new posts by email.

Email Address:

Planning Portal Twitter

Recent comments.

Recent Posts

• Sustainable home energy solutions
• New online application types for solar-related prior approval
• July’s Market Insight Report is now available
• Our Building Control Portal is getting an upgrade
• Sustainability project advice 
• Application service FAQs
• Biodiversity Net Gain
• Building Control
• Bulletin article
• Channel Shift
• Charity events
• Content News
• Digital mapping tool
• Fire safety
• General news & updates
• Good Practice
• Government announcement
• Greener planning
• Home security
• Housing Delivery
• Important news for planning agents
• Improving the Portal
• Killian Pretty
• Legislation
• Mapping tool
• MIS Application stats
• National Planning Conference
• Northern Ireland
• Opinion piece
• Outbuildings
• Parish councils
• Permitted Development
• planing application fees
• Planning and building industry
• planning applications
• Planning Market Insight Report
• planning permission
• Planning Portal Conference
• Planning Portal news article
• Planning Portal webinars
• Planning reform
• Shameless PR
• Smarter Planning
• sustainability
• Technical news
• The application process
• Uncategorized
• Useful Information
• video preview
• Welsh Government

Recent posts

Blog at WordPress.com.

• Already have a WordPress.com account? Log in now.
• Subscribe Subscribed
• Copy shortlink
• Report this content
• View post in Reader
• Manage subscriptions
• Collapse this bar