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
Type of Use |
Use Class until 31 August 2020 |
Use Class from 1 September 2020 |
Shop under 280 square metres, selling essential goods and over 1km from other similar shop |
A1 |
F2 |
Shop |
A1 |
E |
Financial/professional services |
A2 |
E |
Café/restaurant selling hot/cold food for consumption on the premises |
A3 |
E |
Drinking establishment |
A4 |
Sui Generis |
Hot food take away |
A5 |
Sui Generis |
All office uses, research and light industrial |
B1 (a, b and c) |
E |
Health centres, clinics, crèche, day nursery, day centre |
D1 |
E |
Schools, non residential education and training, libraries, exhibition centres, places of worship, law courts |
D1 |
F1 |
Cinemas, concert halls, dance halls |
D2 |
Sui Generis |
Gyms, indoor recreation |
D2 |
E |
Swimming pools, ice skating, outdoor sports, community halls |
D2 |
F2 |
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.