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Change of Business Use

The construction of new buildings, substantial alterations and additions or a fundamental change of use of land or buildings will, in most cases, require planning permission.

With all building work, the owner of the property or land in question is ultimately responsible for complying with the relevant planning rules and building regulations.

Change of Business Use: Permission & Consent

Changes of use are not always a clear-cut issue and should be treated with care. Failure to comply with the relevant rules will result in the owner being liable for any remedial action which could go as far as demolition and/or restoration.

Local Authorities have a number of ways to control property development within their area. Enforcement Notices, Breach of Condition Notices and Stop Notices are designed to prevent or rectify breaches of planning control.

Lawful Development Certificates can be sought by you to find out whether your existing or proposed use of land or buildings is lawful in planning terms.

The majority of our freehold property development opportunities are not offered on a 'subject to planning permission ' basis which means it is essential for applicants to conduct their due diligence in this respect before commencing negotiations.

This is easily done by consulting with the relevant Local Planning Authority or/and following the guidelines set out in the most recent Unitary Development Plan (UDP).Please contact us for more information on properties & development land without planning permission for sale in the UK

Change of Use For Pubs

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Change of Business Use, Planning Permission & Consent

 

Change of Use, Planning Permission & Consent for Development Land & Properties

Planning permission is not generally needed for internal alterations to buildings that do not affect their structure or external appearance, for small external works, or most works of repair and maintenance. However you should always check first.

There are certain types of change of use, which do not require planning permission. For example, a change of use from one type of shop to another does not (normally) require planning permission. These are set out in the Town and Country Planning (Use Classes Order) 1987.

Certain changes are permissible between and within the use classes without the need for planning permission, subject to satisfying the appropriate criteria.

Change of Use & Planning Permission: Use Classes

The Town and Country Planning (Use Classes) Order 1987 (as amended) puts uses of land and buildings into various categories known as 'Use Classes'.

The following list gives an indication of the types of use which may fall within each use class. Please note that this is a guide only and it's for local planning authorities to determine, in the first instance, depending on the individual circumstances of each case, which use class a particular use falls into.

  • A1 Shops - Shops, retail warehouses, hairdressers, undertakers, travel and ticket agencies, post offices (but not sorting 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) including estate and employment agencies and betting offices.
  • 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).
  • A5 Hot food takeaways - For the sale of hot food for consumption off the premises.
  • B1 Business - Offices (other than those that fall within A2), research and development of products and processes, light industry appropriate in a residential area.
  • B2 General industrial - Use for industrial process other than one falling within class B1 (excluding incineration purposes, chemical treatment or landfill or hazardous waste).
  • B8 Storage or distribution - This class includes open air storage.
  • C1 Hotels - Hotels, boarding and guest houses where no significant element of care is provided (excludes hostels).
  • C2 Residential institutions - Residential care homes, hospitals, nursing homes, boarding schools, residential colleges and training centres.
  • C2A Secure Residential Institution - Use for a 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 Dwellinghouses - this class is formed of 3 parts:
    • C3(a) 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 (such as an au pair, nanny, nurse, governess, servant, chauffeur, gardener, secretary and personal assistant), a carer and the person receiving the care and a foster parent and foster child.
    • C3(b): up to six people living together as a single household and receiving care e.g. supported housing schemes such as those for people with learning disabilities or mental health problems.
    • C3(c) allows for 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 i.e. a small religious community may fall into this section as could a homeowner who is living with a lodger.
  • C4 Houses in multiple occupation - small shared dwelling 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.
  • 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).
  • Sui Generis - Certain uses do not fall within any use class and are considered 'sui generis'. Such uses include: theatres, houses in multiple occupation, hostels providing no significant element of care, scrap yards. Petrol filling stations and shops selling and/or displaying motor vehicles. Retail warehouse clubs, nightclubs, launderettes, taxi businesses, amusement centres and casinos.