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Planning Permission
Town planning is a function of Central and Local Government and is a democratic process. Since 1948, planning permission has been required for all new development. The person wanting permission makes an application to the appropriate planning authority, the application is publicised, and interested parties notified and objections invited during the consultation period. The planning officer makes a recommendation to the planning committee which decides whether to grant the permission. Having obtained permission, the applicant does not have to implement the permission, but the life of a permission normally expires after 3 years. If the application were refused then the applicant may appeal, in which case the matter would be considered by the Planning Inspectorate for England and Wales, an executive agency of the Department for Communities and Local Government, under the auspices of the Secretary of State.
A planning permission attaches to the property and does not belong to the applicant personally, although the applicant may be the only person able to comply with any conditions attached, or to implement the permission. Anyone can make a planning application and they do not have to be the legal owner of the property.
Whether a property can be used as a shop, office, factory, warehouse, or for any other type of business depends on the planning permission.
In England and Wales, the legislation governing planning use is the Town and Country Planning (Use Classes) (Order 1987. [Applicable in England only is the Town and Country Planning (Use Classes) (Amendment) (England( (Order 2005) which redefined Use Class A3 as A3, A4 and A5] Some uses are considered to be sui generis, which means they are outside the existing uses classes.
The default Use Class for shop property is A1, but the type of business carried out by the occupant at the premises will determine the required use for planning purposes. For example, banks, financial services, and betting offices are Class A2 users, restaurants, cafes, take-away hot food come under Classes A3 and A5.
County Councils will have a Core Strategy Plan (or similar) that is updated every 10 years or so. For each town in the county, shopping areas are defined and there may be a quota of permitted uses. Generally, planning authorities oppose the loss of local shopping facilities (A1 use), even if there could be more demand from other use class businesses. Since planning permission for some uses can be more difficult or impossible to obtain, the existence of or potential for that use can enhance the value of the property. Also, the permitted use in the lease might include uses which would justify a greater rent, even though the tenant might not want to use the property for that particular use.
As well as planning permission obtained or on appeal, the actual use of the property may be established use. An established use is a use that has been in continuing existence for a long period of time (at least 4 years and up 10 years depending upon the use) and the right to obtain a "certificate of lawfulness of existing use or development" is not something the planning authority can oppose, but the applicant must be able to prove conclusively the established use.
Certain types of development are excluded from the definition of development, such as routine building maintenance and repair. Many categories of minor development are classified by law as permitted development and that grants an automatic planning permission, rather than requiring any specific application.
A planning permission attaches to the property and does not belong to the applicant personally, although the applicant may be the only person able to comply with any conditions attached, or to implement the permission. Anyone can make a planning application and they do not have to be the legal owner of the property.
Whether a property can be used as a shop, office, factory, warehouse, or for any other type of business depends on the planning permission.
In England and Wales, the legislation governing planning use is the Town and Country Planning (Use Classes) (Order 1987. [Applicable in England only is the Town and Country Planning (Use Classes) (Amendment) (England( (Order 2005) which redefined Use Class A3 as A3, A4 and A5] Some uses are considered to be sui generis, which means they are outside the existing uses classes.
The default Use Class for shop property is A1, but the type of business carried out by the occupant at the premises will determine the required use for planning purposes. For example, banks, financial services, and betting offices are Class A2 users, restaurants, cafes, take-away hot food come under Classes A3 and A5.
County Councils will have a Core Strategy Plan (or similar) that is updated every 10 years or so. For each town in the county, shopping areas are defined and there may be a quota of permitted uses. Generally, planning authorities oppose the loss of local shopping facilities (A1 use), even if there could be more demand from other use class businesses. Since planning permission for some uses can be more difficult or impossible to obtain, the existence of or potential for that use can enhance the value of the property. Also, the permitted use in the lease might include uses which would justify a greater rent, even though the tenant might not want to use the property for that particular use.
As well as planning permission obtained or on appeal, the actual use of the property may be established use. An established use is a use that has been in continuing existence for a long period of time (at least 4 years and up 10 years depending upon the use) and the right to obtain a "certificate of lawfulness of existing use or development" is not something the planning authority can oppose, but the applicant must be able to prove conclusively the established use.
Certain types of development are excluded from the definition of development, such as routine building maintenance and repair. Many categories of minor development are classified by law as permitted development and that grants an automatic planning permission, rather than requiring any specific application.