What does change of use mean?
Change of use means moving a building or a piece of land from one use to another. A change of use occurs when a building or land is used for a different purpose. Planning permission is generally required where that change is material, meaning it results in a significant change in the nature or character of the use. Whether a change is material depends on the particular circumstances of the property and the proposed activities.
Use classes in brief
The planning system groups uses into classes, and a change within a class is treated differently from a change between classes. The main use classes are:
Class B2, general industrial
Class B8, storage and distribution
Class C1, hotels
Class C2, residential institutions
Class C2A, secure residential institutions
Class C3, dwellinghouses
Class C4, houses in multiple occupation
Class E, commercial, business and service
Class F1, learning and non-residential institutions
Class F2, local community uses
sui generis, uses that don't fall within a class
Three routes: same class, another class, and sui generis
How a change of use is treated depends on where it moves from and to.
A change within the same use class isn't development, and usually needs no planning permission.
A change from one use class to another may need planning permission, unless a permitted change is allowed, sometimes subject to prior approval from the council.
Certain changes involving sui generis uses, such as hot food takeaways, betting offices and casinos, may also benefit from permitted development rights. Other rights allow qualifying commercial premises to accommodate a mix of commercial and residential uses, subject to specific limitations and, in some cases, prior approval.
Class Q, Class R and Class MA are the main permitted development routes for a change of use, and each has its own page.
Works are a separate question
Physical works to the building or its frontage can still need consent, even where the change of use itself needs no permission. External works that fall outside permitted development need their own full planning application.
Common change-of-use scenarios
The changes owners ask about most are agricultural to residential or commercial, and commercial to residential.
The application process
A change of use that requires full planning permission involves submitting an application describing the proposed use and how it relates to the site and its surroundings.
Cheffins will initially review the planning history, relevant planning policies and potential constraints to establish the most appropriate approach. We then prepare and submit the application, coordinating any necessary supporting information, before managing the application through to determination. This includes liaising with the local planning authority and addressing any issues raised during the consultation process.
The council will assess the proposal against the development plan and other material planning considerations. Most non-major applications have a statutory determination period of eight weeks from validation, although applications can take longer depending on their complexity and any matters arising during the assessment.
Why Cheffins?
Cheffins advises on change of use across agricultural, commercial and residential uses. A change of use often opens an onward opportunity too, whether that's letting the space, selling the land or selling the finished homes, which the land and new homes teams can take on.
A change of use of an agricultural building to a dwelling near Hempstead (Uttlesford). Following the refusal of a Class Q application, Cheffins were instrumental in securing planning permission for a change-of-use application to convert a redundant agricultural building into a four-bedroom dwelling. View the planning permission here.
A change of use of an office to four flats in Ely (East Cambridgeshire). Cheffins successfully changed the use of a first floor of a Grade II listed building from office to residential, resulting in the delivery of four flats. View the planning permission here.
Frequently asked questions
Do I need planning permission to change the use of a building?
The answer depends on the change. A change within the same use class, such as within Class E, doesn't need planning permission, while a change that doesn't qualify for a permitted route or prior approval needs a full application.
What is a change of use application?
A change of use application is an application to change the use of a building or land to a different use class, for example converting a shop or an office to residential.
Can I change use without planning permission?
Yes, in certain circumstances. Changes within the same use class generally do not require planning permission, while some changes between different uses may not constitute a material change of use. Other changes may benefit from permitted development rights, potentially subject to prior approval. Where a material change of use is proposed and no permitted development right applies, a full planning application will normally be required.
What is a sui generis use?
A sui generis use is a use that falls outside the specified use classes in the Town and Country Planning (Use Classes) Order 1987 (as amended). Examples include pubs, hot food takeaways, nightclubs and certain other specialist uses.
How long does a change-of-use application take?
The answer depends on the route. A prior approval application typically has a statutory period of 56 days, while a change that needs a full planning application is normally decided within the statutory period of eight weeks.
Speak to the planning team
Not sure whether your change of use needs permission? Send us the details, and we can check the position and set out your options. Get in touch with the planning team or request a callback.