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01 September 2020

New planning rules designed to help our town centres bounce back

Today, changes to legislation to aid the rejuvenation of our town and city centres comes into effect. A new set of regulations designed to ease the planning burden for building owners have been introduced. Commercial property solicitor Ben Cox looks at the changes in more detail:

What can property owners expect from today?

In a nutshell, these new 2020 regulations have seen the existing Town and Country Planning (Use Classes) Order 1987 amended and updated. The primary intention is to introduce more flexibility when it comes to ‘change of use’ and assist with the regeneration of town centres – a move which has been well-publicised in recent weeks.

What are the changes in more detail?

Under the old Use Classes Order 1987, different building uses were split into the following classes:

  • A1 – shops;

  • A2 - financial and professional services;

  • A3 - restaurants and cafes;

  • B1 – business.

As of today, the above all fall into a new ‘Class E’. This means the building can be used for any purpose within class E, without the need for new planning permission. This is, of course, unless building works are necessary and those require planning permission or there is another reason why planning consent might be required.

The old Use Classes Order also made the following distinctions:

  • D1 - non-residential institutions;

  • D2 - assembly and leisure.

Both these building uses now fall into a new category ‘F’. This comprises of F.1 for learning and non-residential institutions, or F.2 for local community use. Planning permission, unless it is required for another reason such as building works, is not needed to change from one F.1 use to another F.1 use or from one F.2 use to another F.2 use.

Also:

  • Drinking establishments that fall within the old ‘Class A4’ and hot food takeaways, the old ‘Class A5’, are now classed as ‘sui generis’ uses. This means that any change to or from these uses will require formal planning permission, except where the proposed change is permitted by the Town and Country Planning (General Permitted Development) (England) Order 2015 (the GPDO).

  • Use Classes B2 (general industrial), B8 (storage and distribution) and C (residential) remain unchanged.

Other considerations resulting from these changes.

  • The existing GPDO does allow for some changes of use between different use classes but often on the basis that any reversion to the old use would then require formal planning permission. Because there are now more uses within one new ‘Class E’, this problem will occur less often.

  • If a property benefits from any permitted development rights under the GPDO, those will continue to be applied until 31st July 2021, to the use classes existing on 31st August 2020.

  • If a building is not being used in compliance with the use specified within a planning permission, then the building must be brought into such use before it can benefit from the new use class freedoms.

Please also bear in mind that changes of use may require building regulations and other consents and might be limited or prevented by, for example, statutory planning agreements.

Building works may well need planning permission and perhaps other consents. As a result, specialist advice should always be obtained.

Going forward

The main driver leading to these changes has been the need to enable repurposing of buildings to regenerate high streets and town centres. The new Class E allows for a greater mix of uses to reflect changing retail and high street requirements.

Just ask

If you require any advice as to the use of your commercial premises and planning rights, contact Ben Cox on 01522 515985, email ben.cox@wilkinchapman.co.ukor Andrew Harbourne 01522 515591, email andrew.harbourne@wilkinchapman.co.uk.

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