Step 1 – ascertain the current use
Check what the current use is. This may be available from the planning history search on your council’s website. How long has the use been going on for? If over 10 years then the use may have become lawful by default even if you cannot find a planning permission.
Step 2 – what is your proposed use?
Think about your proposed use. Which “use class” does it fall in? You can view the use classes here: LINK.
If the use does not readily fall within any of the use classes then it may be that the use is sui generis. This may mean that planning permission is required, although there could be scope to argue that there is “no material change of use”. This can be a complicated area related to the facts of each case.
Step 3 – permitted change of use?
Many commercial changes of use are now “permitted development”. In September 2020 the Use Class Order changed in England (The Town and Country Planning (Use Classes) (Amendment) (England) Regulations 2020), meaning that where there was previously a mix of different use classes has now been amalgamated to bring a number of related uses together under a single “use class” in order to support businesses. Of particular note is Class E, which incorporates retail, financial services, cafe, restaurant, offices, research, light industrial, health clinic uses and Gyms.
However, make sure you check that there are no historic planning conditions or s106 agreements which limit use.
Step 4 – consider a Lawful Development Certificate to be sure
One way we have been assisting our clients this year is by submitting Lawful Development Certificate applications (LDC), which seek to confirm that a past, present or future use is permissible. A Lawful Development Certificate is a formal decision issued by the local planning authority (LPA) (rather than planning permission), responding to a planning legislation or regulation question and is typically used to regularise unauthorised development and prevent enforcement action being taken against any breach of planning policy or conditions.
The benefit of a LDC is that it confirms that the use is legal. Examples we have recently submitted include asking if the use of a medical clinic is legal in a suite previously used as an office. This submission was made to the City of Westminster. Prior to September 2020, these types of applications would have required a full planning application for the change of use. However, now that both office use and medical use fall into the Category of Class E, we have used the LDC to confirm the use is acceptable and crucially, if the Use Class Order changes again, then permission has been granted for this use and documented.
It should be noted here that if the intensity of the operation changes or other factors change after you have secured an LDC, then you may need to reapply for planning permission.
If you are considering taking up a lease on a property, or want to purchase a property with a use class that does not meet your requirements and want to ensure that your future use of the premises complies with planning regulations, speak to us to see if a Lawful Development Certificate could work for your business mix. Lately we have been discussing options with beauticians, medical clinics, pubs, holiday lets and even a winery!
A Lawful Development Certificate normally takes less time than a full planning application to be determined (normally around 8 week determination period vs around 12 weeks for a full application). If a change of use planning application is required, rather than an LDC, then we also have a wealth of experience to help guide you through the options available.
Step 5 – any other changes?
Are external alterations be required to the space? This will likely require planning permission.
Is the building listed? If so, even internal alterations may need listed building consent.
Confused? Get in touch
If you feel that you could benefit from planning support from one of our consultants then contact us via enquiries@plainview.co.uk or call us on 01242 501003 to see how we can best assist you. You can also submit your site via our Landmark Page. We value your privacy and any information which you provide will not be shared outside of our company and will only be used in relation to your enquiry.
IMAGE SOURCE: Plainview Planning Ltd (2021).