The Rent Review Specialist
Use Class A4
Use Class
Use Classes come under Town Planning legislation and usually in a Use Class Order and/or a General Permitted Development Order. Planning permission is normally required for a material change of use. However, to prevent the system from being choked with unnecessary applications, the Town and Country Planning (Use Classes) Order 1987 (“1987 Order”) provides that where a building or land is being used for a purpose within any class specified in that 1987 Order, use for any other purpose within the same class is allowed automatically. The aim is to retain control over changes of use where this is warranted because of potential adverse effects; for example, where it is desirable to retain the old use or undesirable to allow the new one, or to avoid unnecessary arguments over what is "material". The 1987 Order also provides that certain (sui generis) uses do not fall within any use class. So, planning permission would be required for any material change to or from that use.
To allow greater flexibility, The Town and Country Planning (General Permitted Development) Orders (GPDO) grant planning permission for (amongst other things) changes between certain use classes, for example, from A3 to AI use (shops). It is important to remember that many of the changes under a GPDO are one-way only. For example, a change from A3 to A1 is permitted, but not a reversion to A3. That could pose difficulties for premises that change to a restaurant from a wine bar or night-club, even temporarily.
The following list of Orders is not intended to be comprehensive, but only as a guide. Currently, the principal Use Classes set out in the 1987 Order, but it is important to check the various subsequent Orders for any changes to the Use Classes. I have put the amending Order in red type. The explanatory notes, quoted from the Orders, do not form part of the Order.
The Town and Country Planning (Use Classes) Order 1963 - in force 1 May 1963, revoked when the 1972 Order came into force 23 October 1972
The Town and Country Planning (Use Classes) Order 1972 - in force 23 October 1972, revoked when the 1987 Order came into force 1 June 1987.
The Town and Country Planning (Use Classes) (Amendment) Order 1983 - revoked when the 1987 Order came into force.
The Town and Country Planning (Use Classes) Order 1987 - in force 1 June 1987
PART A
Class A1. Shops Use for all or any of the following purposes: —
(a) for the retail sale of goods other than hot food,
(b) as a post office,
(c) for the sale of tickets or as a travel agency,
(d) for the sale of sandwiches or other cold food for consumption off the premises,
(e) for hairdressing,
(f) for the direction of funerals,
(g) for the display of goods for sale,
(h) for the hiring out of domestic or personal goods or articles,
(i) for the reception of goods to be washed, cleaned or repaired, where the sale, display or service is to visiting members of the public.
Class A2. Financial and professional services Use for the provision of: —
(a) financial services, or (Please note 2015 Order)
(b) professional services (other than health or medical services), or
(c) any other services (including use as a betting office) which it is appropriate to provide in a shopping area, where the services are provided principally to visiting members of the public. (Please note 2015 Order)
Class A3. Food and drink Use for the sale of food or drink for consumption on the premises or of hot food for consumption off the premises. (Please note 2005 Order and GPDO (No 2) Order 2017)
PART B
Class B1. Business Use for all or any of the following purposes: —
(a) as an office other than a use within class A2 (financial and professional services),
(b) for research and development of products or processes, or
(c) for any industrial process, being a use which can be carried out in any residential area without detriment to the amenity of that area by reason of noise, vibration, smell, fumes, smoke, soot, ash, dust or grit.
Class B2. General industrial Use for the carrying on of an industrial process other than one falling within class B1 above or within classes B3 to B7 below.
Class B3. Special Industrial Group A Use for any work registrable under the Alkali, etc. Works Regulation Act 1906(5)(a) and which is not included in any of classes B4 to B7 below.
Class B4. Special Industrial Group B
Use for any of the following processes, except where the process is ancillary to the getting, dressing or treatment of minerals and is carried on in or adjacent to a quarry or mine: —
(a) smelting, calcining, sintering or reducing ores, minerals, concentrates or mattes;
(b) converting, refining, re-heating, annealing, hardening, melting, carburising, forging or casting metals or alloys other than pressure die-casting;
(c) recovering metal from scrap or drosses or ashes;
(d) galvanizing;
(e) pickling or treating metal in acid;
(f) chromium plating.
Class B5. Special Industrial Group C Use for any of the following processes, except where the process is ancillary to the getting, dressing or treatment of minerals and is carried on in or adjacent to a quarry or mine: —
(a) burning bricks or pipes;
(b) burning lime or dolomite;
(c) producing zinc oxide, cement or alumina;
(d) foaming, crushing, screening or heating minerals or slag;
(e) processing pulverized fuel ash by heat;
(f) producing carbonate of lime or hydrated lime;
(g) producing inorganic pigments by calcining, roasting or grinding.
Class B6. Special Industrial Group D
Use for any of the following processes: —
(a) distilling, refining or blending oils (other than petroleum or petroleum products);
(b) producing or using cellulose or using other pressure sprayed metal finishes (other than in vehicle repair workshops in connection with minor repairs, or the application of plastic powder by the use of fluidised bed and electrostatic spray techniques);
(c) boiling linseed oil or running gum;
(d) processes involving the use of hot pitch or bitumen (except the use of bitumen in the manufacture of roofing felt at temperatures not exceeding 220°C and also the manufacture of coated roadstone);
(e) stoving enamelled ware;
(f) producing aliphatic esters of the lower fatty acids, butyric acid, caramel, hexamine, odoform, napthols, resin products (excluding plastic moulding or extrusion operations and producing plastic sheets, rods, tubes, filaments, fibres or optical components produced by casting, calendering, moulding, shaping or extrusion), salicylic acid or sulphonated organic compounds;
(g) producing rubber from scrap;
(h) chemical processes in which chlorphenols or chlorcresols are used as intermediates;
(i) manufacturing acetylene from calcium carbide;
(j) manufacturing, recovering or using pyridine or picolines, any methyl or ethyl amine oracrylates.
Class B7. Special Industrial Group E
Use for carrying on any of the following industries, businesses or trades: —
Boiling blood, chitterlings, nettlings or soap. Boiling, burning, grinding or steaming bones. Boiling or cleaning tripe. Breeding maggots from putrescible animal matter. Cleaning, adapting or treating animal hair. Curing fish. Dealing in rags and bones (including receiving, storing, sorting or manipulating rags in, or likely to become in, an offensive condition, or any bones, rabbit skins, fat or putrescible animal products of a similar nature). Dressing or scraping fish skins. Drying skins. Making manure from bones, fish, offal, blood, spent hops, beans or other putrescible animal or vegetable matter. Making or scraping guts. Manufacturing animal charcoal, blood albumen, candles, catgut, glue, fish oil, size or feeding stufff or animals or poultry from meat, fish, blood, bone, feathers, fat or animal offal either in an offensive condition or subjected to any process causing noxious or injurious effluvia. Melting, refining or extracting fat or tallow. Preparing skins for working.
Class B8. Storage or distribution
Use for storage or as a distribution centre.
PART C
Class C1. Hotels and hostels Use as a hotel, boarding or guest house or as a hostel where, in each case, no significant element of care is provided.
Class C2. Residential institutions Use for the provision of residential accommodation and care to people in need of care (other than a use within class C3 (dwelling houses)). Use as a hospital or nursing home. Use as a residential school, college or training centre.
Class C3. Dwellinghouses Use as a dwellinghouse (whether or not as a sole or main residence): —
(a) by a single person or by people living together as a family, or
(b) by not more than 6 residents living together as a single household (including a household where care is provided for residents). (Please note 2010 Order)
PART D
Class D1. Non-residential institutions
Any use not including a residential use: —
(a) for the provision of any medical or health services except the use of premises attached to the residence of the consultant or practitioner,
(b) as a crèche, day nursery or day centre,
(c) for the provision of education, (Please note GPDO Order 2017)
(d) for the display of works of art (otherwise than for sale or hire),
(e) as a museum,
(f) as a public library or public reading room,
(g) as a public hall or exhibition hall,
(h) for, or in connection with, public worship or religious instruction.
Class D2. Assembly and leisure Use as: —
(a) a cinema,
(b) a concert hall,
(c) a bingo hall or casino,
(d) a dance hall,
(e) a swimming bath, skating rink, gymnasium or area for other indoor or outdoor sports or recreations, not involving motorised vehicles or firearms.”
Explanatory note not part of the 1987 Order: — Various changes are made in this Order to the classes of use specified in the Schedule to the 1972 Order:
Class I of the 1972 Order specified use as a shop (which expression was defined in the Order) subject to specific exclusions. The specific exclusions of tripe shops, cats-meat shops and pet shops are no longer to be found in the new shops class A1. Use for the sale of hot food is now to be found in the new class A3 (food and drink) and is excluded specifically from class A1. The former exclusion of use for the sale of motor vehicles is now in article 3(6)(e). Class A2 is a new class of use for financial, professional and other services. This combines some of the office uses formerly in Class II, and some uses formerly within the definition of “shop” as being uses of buildings for a purpose appropriate to a shopping area. The test of appropriateness to a shopping area governs the whole of class A2. Class A3 (food and drink) is a new class. It combines use for the sale of hot food, which was formerly excluded from Class I, with use as a restaurant or for the sale of drink. Class B1 combines some of the office uses formerly within Class II with uses for light industrial purposes formerly within Class III into a business class. It also includes use for the research and development of products or processes. A test similar to that which formerly applied to Class III —that is a use which could be carried out in any residential area without detriment to the amenity of that area — now governs all the purposes in this class. Class B2 (general industrial) reflects the old Class IV. Classes B3 to B7 reflect old Classes V to IX (Special Industrial Groups (A) to (E)).
Although there has been some reorganisation, the content of these classes is the same. Class B8 (storage and distribution) is based on former Class X but extends additionally to use of open land and to use as a centre for distribution. Class C1 (hotels and hostels) largely reflects the former Class XI but makes it clear that this class does not cover any residential establishment where a significant element of care (defined in article 2) is provided. Class C2 (residential institutions) combines the former Classes XII and XIV. Class C3 (dwellinghouses) is a new class which comprises use as a dwellinghouse by an individual, by people living together as a family or by not more than six residents living together as a single household. In the case of people living together as a household rather than as a family, the use will continue to be within the class notwithstanding that an element of care (as defined in article 2) is provided for residents. The intention of this class is to include, for example, use as a dwellinghouse by individuals living together in the community who have formerly been in an institution of some kind.
Class D1 includes the uses formerly contained in Classes XIII, XV and XVI. Dispensaries are no longer included, and these will be either within class A1 (shops) or, where ancillary to a hospital, within class C2 residential institutions. Class D2 (assembly and leisure) includes uses formerly inClasses XVII and XVIII. It has been extended to include use for all indoor or outdoor sports with the exception of motor sports and sports involving firearms. Theatres which were formerly in ClassXVII are no longer included in any of the classes (see article 3(6)). One difference between this Order and the 1972 Order is that in Parts A and B of the Schedule to this Order the uses specified are uses of buildings or land whereas their equivalents in the 1972 Order specified uses of buildings. There are also more uses specifically excluded from the classes, and these are listed in article 3(6) of the Order. Paragraph 1 of Schedule 11 to the Housing and Planning Act 1986 amended section 22(2)(f) of the 1971 Act by providing that a change of use of part of any building or land is not a material change of use where the former use and the latter use of the part are within the same class, subject to the provisions of an order made under that paragraph. Article 4 of the Order provides that use as a separate dwellinghouse of any part of a building or of land used for the purposes of class C3 (dwellinghouses) is not by virtue of this Order to be taken as not amounting to development. “
The Town and Country Planning (Use Classes)(Amendment) (England) Order 2005 - in force 21 April 2005; amendments to the 1987 Order, including splitting the former Use Class A3 into three new classes A3, A4, A5.
Explanatory note not part of the Order - “This Order amends the Town and Country Planning (Use Classes) Order 1987 (“the principal Order”). The principal Order specifies classes for the purposes of section 55(2)(f) of the Town and Country Planning Act 1990, which provides that a change of use of a building or other land does not involve development for the purposes of the Act if the new use and the former use are both within the same specified class. This Order amends the principal Order by excluding from the specified classes use as a retail warehouse club, and use as a night-club . It also has the effect of including in the shops class (Class A1), use as an internet café, and splitting the former A3 use class (food and drink), into three new classes; Class A3 use as a restaurant or café, Class A4, use as a public house, wine-bar or other drinking establishment; and Class A5, use as a hot food takeaway.”
The Town and Country Planning (Use Classes) (Amendment) (England) Order 2010 - in force 6 April 2010, amendments to Use Class C2A, C3, C4 in 1987 Order,
Explanatory note not part of the Order - “This Order amends the Town and Country Planning (Use Classes) Order 1987 (the Use Classes Order) (S.I.1987/764) for England only. The Use Classes Order specifies classes of use of buildings or other land for the purposes of section 55(2)(f) of the Town and Country Planning Act 1990. Section 55(2)(f) provides that a change of use is not to be taken as development where the former use and the new use are both within the same class as specified in an order. Changes of use which are not to be taken as development do not require planning permission. Article 2(2) restates Use Class C2A (secure residential institutions) to clarify that this Class is not confined to Crown land. Article 2(3) amends Use Class C3 (dwellinghouses) to remove from its scope certain small scale houses in multiple occupation. Article 2(4) introduces a new Use Class (houses in multiple occupation) which, subject to an exception, covers use of a dwellinghouse as a house in multiple occupation as defined in section 254 of the Housing Act 2004. In broad terms, this use occurs where tenanted living accommodation is occupied by persons as their only or main residence, who are not related, and who share one or more basic amenities.”
The Town and Country Planning (Use Classes) (Amendment) (England) Order 2015 - in force 15 April 2015, amendments concerning use as a betting office and use as a pay day loan shop per the 1987 Order.
Explanatory note not part of the Order - “This Order amends the Town and Country Planning (Use Classes) Order 1987 (S.I. 1987/764) (“the principal Order”). The principal Order specifies classes for the purposes of section 55(2)(f) of the Town and Country Planning Act 1990 (c. 8), which provides that a change of use of a building or other land does not involve development for the purposes of the Act if the new use and the former use are both within the same specified class. This Order amends the principal Order by providing that use as a betting office and use as a pay day loan shop are in included in article 3(6) of the principal Order: the list of uses excluded from the specified classes.”
The Town and Country Planning (General Permitted Development) (England) (Amendment) Order 2017 - in force 6 April 2017
Explanatory note not part of the Order - “This Order amends the Town and Country Planning (General Permitted Development) (England) Order 2015 (“the General Permitted Development Order”) (SI. 2015/596). Article 3 applies where a proposed enlargement of a dwellinghouse is joined to an existing enlargement pursuant to planning permission granted by Class A of Part 1 of Schedule 2 to the General Permitted Development Order. It amends the wording of that Order to make clear that restrictions apply to the size of the total enlargement (i.e. the proposed enlargement together with the existing enlargement). Article 4 extends from one to two academic years the period for which a building may be used as a state-funded school under Class C of Part 4 of Schedule 2 to the General Permitted Development Order. Article 5 introduces a new permitted development right to provide a temporary state-funded school for up to three academic years on a site which was previously used for specified commercial purposes but on which all buildings have been demolished. Article 6 removes certain restrictions relating to floor space and distance from the boundary of the curtilage where schools are developed under Class M of Part 7 of Schedule 2 to the General Permitted Development Order. Article 7 makes a number of miscellaneous amendments. Article 8 makes transitional purposes where development took place or was notified to the local planning authority before the entry into force of this Order.”
The Town and Country Planning (General Permitted Development) (England) (Amendment) (No. 2) Order 2017 - in force 23 May 2017
Explanatory note not part of the Order - “This Order amends the Town and Country Planning (General Permitted Development) (England) Order 2015 (“the General Permitted Development Order”) (S.I. 2015/596). It implements the duty set out in section 15 of the Neighbourhood Planning Act 2017. Article 3 removes permitted development rights allowing the change of use of a building falling within Class A4 (drinking establishment) of the Schedule to the Town and Country Planning (use Classes) Order 1987 (S.I. 1987/764) to a building within Classes A1 (shops), A2 (financial and professional services), and A3 (restaurants and cafes) and to a temporary flexible use or a state funded school for up to 2 academic years. Article 3 also introduces a new permitted development right allowing change of use of a building falling within Class A4 (drinking establishments) to a use within Class A4 with a use falling within Class A3 (restaurants and cafes), or from those uses to a use falling within Class A4. Article 4 removes permitted development rights allowing for the demolition of buildings used for a purpose within Class A4 (drinking establishments). Article 5 makes transitional provisions for cases where, following a request for confirmation from the local planning authority as to whether the building has been nominated or listed as an asset of community value (as defined in paragraphs A.3 of Part 3, C.3 of Part 4 or B.3 of Part 11 of Schedule 2 of the General Permitted Development Order, before amendment by this Order), development may begin in accordance with those provisions. The effect is that planning permission in these cases is saved (where the drinking establishment is not nominated or listed) where such a request has been made more than 56 days before 23rd May 2017. In the case of demolition, prior approval must also have been granted, determined not required or deemed granted before 23rd May 2017. This article also postpones by 18 months the application of the new right introduced by article 3, for a building which falls within the scope of a direction under article 4 withdrawing permission to change use from a use falling within Class A4 (drinking establishments) to a use falling within Class A3 (restaurants and cafes).”
Summary: Dale L Ingram MSc CHE FRSA of Planning for Pubs Ltd has kindly provided this for my summary. The General Permitted Development (Amendment)(No 2) Order 2017 removes permitted development (“PD”) rights for demolition and change of use resulting in the loss of the 'drinking' (A4) use of any relevant premises. New PD rights for a mixed use as A4 and A3 pub/restaurant (Class AA) and back again to A4 have been created, effective 23 May 2017. These are the only PD rights now enjoyed by pubs. This replaced a complicated and ineffective series of amendments that were incorporated in the revised GPDO (England) 2015, effective 6 April 2015. These provided protection from PD change of use and demolition where a pub was listed or nominated for listing as an Asset of Community Value (“ACV”). In turn, that replaced/revised the PD rights created in General Permitted Development (Amendment) (England) Order 2013 for A4 premises. These included temporary change of use from A4 to A3, A2, A1, B1 (offices) and state-sponsored school (D1) for a single period of up to 2 years, when the original use A4 would resume (whether occupied or traded or not). In short, the present planning position is that A4 pubs can only be used as pubs or pub/restaurants and any other use or demolition requires full planning permission. The ACV status of pubs no longer has any relevance in PD terms; but it can be a 'material consideration' in the refusal of permission or dismissal of an appeal of a refusal to the Inspectorate.
To allow greater flexibility, The Town and Country Planning (General Permitted Development) Orders (GPDO) grant planning permission for (amongst other things) changes between certain use classes, for example, from A3 to AI use (shops). It is important to remember that many of the changes under a GPDO are one-way only. For example, a change from A3 to A1 is permitted, but not a reversion to A3. That could pose difficulties for premises that change to a restaurant from a wine bar or night-club, even temporarily.
The following list of Orders is not intended to be comprehensive, but only as a guide. Currently, the principal Use Classes set out in the 1987 Order, but it is important to check the various subsequent Orders for any changes to the Use Classes. I have put the amending Order in red type. The explanatory notes, quoted from the Orders, do not form part of the Order.
The Town and Country Planning (Use Classes) Order 1963 - in force 1 May 1963, revoked when the 1972 Order came into force 23 October 1972
The Town and Country Planning (Use Classes) Order 1972 - in force 23 October 1972, revoked when the 1987 Order came into force 1 June 1987.
The Town and Country Planning (Use Classes) (Amendment) Order 1983 - revoked when the 1987 Order came into force.
The Town and Country Planning (Use Classes) Order 1987 - in force 1 June 1987
PART A
Class A1. Shops Use for all or any of the following purposes: —
(a) for the retail sale of goods other than hot food,
(b) as a post office,
(c) for the sale of tickets or as a travel agency,
(d) for the sale of sandwiches or other cold food for consumption off the premises,
(e) for hairdressing,
(f) for the direction of funerals,
(g) for the display of goods for sale,
(h) for the hiring out of domestic or personal goods or articles,
(i) for the reception of goods to be washed, cleaned or repaired, where the sale, display or service is to visiting members of the public.
Class A2. Financial and professional services Use for the provision of: —
(a) financial services, or (Please note 2015 Order)
(b) professional services (other than health or medical services), or
(c) any other services (including use as a betting office) which it is appropriate to provide in a shopping area, where the services are provided principally to visiting members of the public. (Please note 2015 Order)
Class A3. Food and drink Use for the sale of food or drink for consumption on the premises or of hot food for consumption off the premises. (Please note 2005 Order and GPDO (No 2) Order 2017)
PART B
Class B1. Business Use for all or any of the following purposes: —
(a) as an office other than a use within class A2 (financial and professional services),
(b) for research and development of products or processes, or
(c) for any industrial process, being a use which can be carried out in any residential area without detriment to the amenity of that area by reason of noise, vibration, smell, fumes, smoke, soot, ash, dust or grit.
Class B2. General industrial Use for the carrying on of an industrial process other than one falling within class B1 above or within classes B3 to B7 below.
Class B3. Special Industrial Group A Use for any work registrable under the Alkali, etc. Works Regulation Act 1906(5)(a) and which is not included in any of classes B4 to B7 below.
Class B4. Special Industrial Group B
Use for any of the following processes, except where the process is ancillary to the getting, dressing or treatment of minerals and is carried on in or adjacent to a quarry or mine: —
(a) smelting, calcining, sintering or reducing ores, minerals, concentrates or mattes;
(b) converting, refining, re-heating, annealing, hardening, melting, carburising, forging or casting metals or alloys other than pressure die-casting;
(c) recovering metal from scrap or drosses or ashes;
(d) galvanizing;
(e) pickling or treating metal in acid;
(f) chromium plating.
Class B5. Special Industrial Group C Use for any of the following processes, except where the process is ancillary to the getting, dressing or treatment of minerals and is carried on in or adjacent to a quarry or mine: —
(a) burning bricks or pipes;
(b) burning lime or dolomite;
(c) producing zinc oxide, cement or alumina;
(d) foaming, crushing, screening or heating minerals or slag;
(e) processing pulverized fuel ash by heat;
(f) producing carbonate of lime or hydrated lime;
(g) producing inorganic pigments by calcining, roasting or grinding.
Class B6. Special Industrial Group D
Use for any of the following processes: —
(a) distilling, refining or blending oils (other than petroleum or petroleum products);
(b) producing or using cellulose or using other pressure sprayed metal finishes (other than in vehicle repair workshops in connection with minor repairs, or the application of plastic powder by the use of fluidised bed and electrostatic spray techniques);
(c) boiling linseed oil or running gum;
(d) processes involving the use of hot pitch or bitumen (except the use of bitumen in the manufacture of roofing felt at temperatures not exceeding 220°C and also the manufacture of coated roadstone);
(e) stoving enamelled ware;
(f) producing aliphatic esters of the lower fatty acids, butyric acid, caramel, hexamine, odoform, napthols, resin products (excluding plastic moulding or extrusion operations and producing plastic sheets, rods, tubes, filaments, fibres or optical components produced by casting, calendering, moulding, shaping or extrusion), salicylic acid or sulphonated organic compounds;
(g) producing rubber from scrap;
(h) chemical processes in which chlorphenols or chlorcresols are used as intermediates;
(i) manufacturing acetylene from calcium carbide;
(j) manufacturing, recovering or using pyridine or picolines, any methyl or ethyl amine oracrylates.
Class B7. Special Industrial Group E
Use for carrying on any of the following industries, businesses or trades: —
Boiling blood, chitterlings, nettlings or soap. Boiling, burning, grinding or steaming bones. Boiling or cleaning tripe. Breeding maggots from putrescible animal matter. Cleaning, adapting or treating animal hair. Curing fish. Dealing in rags and bones (including receiving, storing, sorting or manipulating rags in, or likely to become in, an offensive condition, or any bones, rabbit skins, fat or putrescible animal products of a similar nature). Dressing or scraping fish skins. Drying skins. Making manure from bones, fish, offal, blood, spent hops, beans or other putrescible animal or vegetable matter. Making or scraping guts. Manufacturing animal charcoal, blood albumen, candles, catgut, glue, fish oil, size or feeding stufff or animals or poultry from meat, fish, blood, bone, feathers, fat or animal offal either in an offensive condition or subjected to any process causing noxious or injurious effluvia. Melting, refining or extracting fat or tallow. Preparing skins for working.
Class B8. Storage or distribution
Use for storage or as a distribution centre.
PART C
Class C1. Hotels and hostels Use as a hotel, boarding or guest house or as a hostel where, in each case, no significant element of care is provided.
Class C2. Residential institutions Use for the provision of residential accommodation and care to people in need of care (other than a use within class C3 (dwelling houses)). Use as a hospital or nursing home. Use as a residential school, college or training centre.
Class C3. Dwellinghouses Use as a dwellinghouse (whether or not as a sole or main residence): —
(a) by a single person or by people living together as a family, or
(b) by not more than 6 residents living together as a single household (including a household where care is provided for residents). (Please note 2010 Order)
PART D
Class D1. Non-residential institutions
Any use not including a residential use: —
(a) for the provision of any medical or health services except the use of premises attached to the residence of the consultant or practitioner,
(b) as a crèche, day nursery or day centre,
(c) for the provision of education, (Please note GPDO Order 2017)
(d) for the display of works of art (otherwise than for sale or hire),
(e) as a museum,
(f) as a public library or public reading room,
(g) as a public hall or exhibition hall,
(h) for, or in connection with, public worship or religious instruction.
Class D2. Assembly and leisure Use as: —
(a) a cinema,
(b) a concert hall,
(c) a bingo hall or casino,
(d) a dance hall,
(e) a swimming bath, skating rink, gymnasium or area for other indoor or outdoor sports or recreations, not involving motorised vehicles or firearms.”
Explanatory note not part of the 1987 Order: — Various changes are made in this Order to the classes of use specified in the Schedule to the 1972 Order:
Class I of the 1972 Order specified use as a shop (which expression was defined in the Order) subject to specific exclusions. The specific exclusions of tripe shops, cats-meat shops and pet shops are no longer to be found in the new shops class A1. Use for the sale of hot food is now to be found in the new class A3 (food and drink) and is excluded specifically from class A1. The former exclusion of use for the sale of motor vehicles is now in article 3(6)(e). Class A2 is a new class of use for financial, professional and other services. This combines some of the office uses formerly in Class II, and some uses formerly within the definition of “shop” as being uses of buildings for a purpose appropriate to a shopping area. The test of appropriateness to a shopping area governs the whole of class A2. Class A3 (food and drink) is a new class. It combines use for the sale of hot food, which was formerly excluded from Class I, with use as a restaurant or for the sale of drink. Class B1 combines some of the office uses formerly within Class II with uses for light industrial purposes formerly within Class III into a business class. It also includes use for the research and development of products or processes. A test similar to that which formerly applied to Class III —that is a use which could be carried out in any residential area without detriment to the amenity of that area — now governs all the purposes in this class. Class B2 (general industrial) reflects the old Class IV. Classes B3 to B7 reflect old Classes V to IX (Special Industrial Groups (A) to (E)).
Although there has been some reorganisation, the content of these classes is the same. Class B8 (storage and distribution) is based on former Class X but extends additionally to use of open land and to use as a centre for distribution. Class C1 (hotels and hostels) largely reflects the former Class XI but makes it clear that this class does not cover any residential establishment where a significant element of care (defined in article 2) is provided. Class C2 (residential institutions) combines the former Classes XII and XIV. Class C3 (dwellinghouses) is a new class which comprises use as a dwellinghouse by an individual, by people living together as a family or by not more than six residents living together as a single household. In the case of people living together as a household rather than as a family, the use will continue to be within the class notwithstanding that an element of care (as defined in article 2) is provided for residents. The intention of this class is to include, for example, use as a dwellinghouse by individuals living together in the community who have formerly been in an institution of some kind.
Class D1 includes the uses formerly contained in Classes XIII, XV and XVI. Dispensaries are no longer included, and these will be either within class A1 (shops) or, where ancillary to a hospital, within class C2 residential institutions. Class D2 (assembly and leisure) includes uses formerly inClasses XVII and XVIII. It has been extended to include use for all indoor or outdoor sports with the exception of motor sports and sports involving firearms. Theatres which were formerly in ClassXVII are no longer included in any of the classes (see article 3(6)). One difference between this Order and the 1972 Order is that in Parts A and B of the Schedule to this Order the uses specified are uses of buildings or land whereas their equivalents in the 1972 Order specified uses of buildings. There are also more uses specifically excluded from the classes, and these are listed in article 3(6) of the Order. Paragraph 1 of Schedule 11 to the Housing and Planning Act 1986 amended section 22(2)(f) of the 1971 Act by providing that a change of use of part of any building or land is not a material change of use where the former use and the latter use of the part are within the same class, subject to the provisions of an order made under that paragraph. Article 4 of the Order provides that use as a separate dwellinghouse of any part of a building or of land used for the purposes of class C3 (dwellinghouses) is not by virtue of this Order to be taken as not amounting to development. “
The Town and Country Planning (Use Classes)(Amendment) (England) Order 2005 - in force 21 April 2005; amendments to the 1987 Order, including splitting the former Use Class A3 into three new classes A3, A4, A5.
Explanatory note not part of the Order - “This Order amends the Town and Country Planning (Use Classes) Order 1987 (“the principal Order”). The principal Order specifies classes for the purposes of section 55(2)(f) of the Town and Country Planning Act 1990, which provides that a change of use of a building or other land does not involve development for the purposes of the Act if the new use and the former use are both within the same specified class. This Order amends the principal Order by excluding from the specified classes use as a retail warehouse club, and use as a night-club . It also has the effect of including in the shops class (Class A1), use as an internet café, and splitting the former A3 use class (food and drink), into three new classes; Class A3 use as a restaurant or café, Class A4, use as a public house, wine-bar or other drinking establishment; and Class A5, use as a hot food takeaway.”
The Town and Country Planning (Use Classes) (Amendment) (England) Order 2010 - in force 6 April 2010, amendments to Use Class C2A, C3, C4 in 1987 Order,
Explanatory note not part of the Order - “This Order amends the Town and Country Planning (Use Classes) Order 1987 (the Use Classes Order) (S.I.1987/764) for England only. The Use Classes Order specifies classes of use of buildings or other land for the purposes of section 55(2)(f) of the Town and Country Planning Act 1990. Section 55(2)(f) provides that a change of use is not to be taken as development where the former use and the new use are both within the same class as specified in an order. Changes of use which are not to be taken as development do not require planning permission. Article 2(2) restates Use Class C2A (secure residential institutions) to clarify that this Class is not confined to Crown land. Article 2(3) amends Use Class C3 (dwellinghouses) to remove from its scope certain small scale houses in multiple occupation. Article 2(4) introduces a new Use Class (houses in multiple occupation) which, subject to an exception, covers use of a dwellinghouse as a house in multiple occupation as defined in section 254 of the Housing Act 2004. In broad terms, this use occurs where tenanted living accommodation is occupied by persons as their only or main residence, who are not related, and who share one or more basic amenities.”
The Town and Country Planning (Use Classes) (Amendment) (England) Order 2015 - in force 15 April 2015, amendments concerning use as a betting office and use as a pay day loan shop per the 1987 Order.
Explanatory note not part of the Order - “This Order amends the Town and Country Planning (Use Classes) Order 1987 (S.I. 1987/764) (“the principal Order”). The principal Order specifies classes for the purposes of section 55(2)(f) of the Town and Country Planning Act 1990 (c. 8), which provides that a change of use of a building or other land does not involve development for the purposes of the Act if the new use and the former use are both within the same specified class. This Order amends the principal Order by providing that use as a betting office and use as a pay day loan shop are in included in article 3(6) of the principal Order: the list of uses excluded from the specified classes.”
The Town and Country Planning (General Permitted Development) (England) (Amendment) Order 2017 - in force 6 April 2017
Explanatory note not part of the Order - “This Order amends the Town and Country Planning (General Permitted Development) (England) Order 2015 (“the General Permitted Development Order”) (SI. 2015/596). Article 3 applies where a proposed enlargement of a dwellinghouse is joined to an existing enlargement pursuant to planning permission granted by Class A of Part 1 of Schedule 2 to the General Permitted Development Order. It amends the wording of that Order to make clear that restrictions apply to the size of the total enlargement (i.e. the proposed enlargement together with the existing enlargement). Article 4 extends from one to two academic years the period for which a building may be used as a state-funded school under Class C of Part 4 of Schedule 2 to the General Permitted Development Order. Article 5 introduces a new permitted development right to provide a temporary state-funded school for up to three academic years on a site which was previously used for specified commercial purposes but on which all buildings have been demolished. Article 6 removes certain restrictions relating to floor space and distance from the boundary of the curtilage where schools are developed under Class M of Part 7 of Schedule 2 to the General Permitted Development Order. Article 7 makes a number of miscellaneous amendments. Article 8 makes transitional purposes where development took place or was notified to the local planning authority before the entry into force of this Order.”
The Town and Country Planning (General Permitted Development) (England) (Amendment) (No. 2) Order 2017 - in force 23 May 2017
Explanatory note not part of the Order - “This Order amends the Town and Country Planning (General Permitted Development) (England) Order 2015 (“the General Permitted Development Order”) (S.I. 2015/596). It implements the duty set out in section 15 of the Neighbourhood Planning Act 2017. Article 3 removes permitted development rights allowing the change of use of a building falling within Class A4 (drinking establishment) of the Schedule to the Town and Country Planning (use Classes) Order 1987 (S.I. 1987/764) to a building within Classes A1 (shops), A2 (financial and professional services), and A3 (restaurants and cafes) and to a temporary flexible use or a state funded school for up to 2 academic years. Article 3 also introduces a new permitted development right allowing change of use of a building falling within Class A4 (drinking establishments) to a use within Class A4 with a use falling within Class A3 (restaurants and cafes), or from those uses to a use falling within Class A4. Article 4 removes permitted development rights allowing for the demolition of buildings used for a purpose within Class A4 (drinking establishments). Article 5 makes transitional provisions for cases where, following a request for confirmation from the local planning authority as to whether the building has been nominated or listed as an asset of community value (as defined in paragraphs A.3 of Part 3, C.3 of Part 4 or B.3 of Part 11 of Schedule 2 of the General Permitted Development Order, before amendment by this Order), development may begin in accordance with those provisions. The effect is that planning permission in these cases is saved (where the drinking establishment is not nominated or listed) where such a request has been made more than 56 days before 23rd May 2017. In the case of demolition, prior approval must also have been granted, determined not required or deemed granted before 23rd May 2017. This article also postpones by 18 months the application of the new right introduced by article 3, for a building which falls within the scope of a direction under article 4 withdrawing permission to change use from a use falling within Class A4 (drinking establishments) to a use falling within Class A3 (restaurants and cafes).”
Summary: Dale L Ingram MSc CHE FRSA of Planning for Pubs Ltd has kindly provided this for my summary. The General Permitted Development (Amendment)(No 2) Order 2017 removes permitted development (“PD”) rights for demolition and change of use resulting in the loss of the 'drinking' (A4) use of any relevant premises. New PD rights for a mixed use as A4 and A3 pub/restaurant (Class AA) and back again to A4 have been created, effective 23 May 2017. These are the only PD rights now enjoyed by pubs. This replaced a complicated and ineffective series of amendments that were incorporated in the revised GPDO (England) 2015, effective 6 April 2015. These provided protection from PD change of use and demolition where a pub was listed or nominated for listing as an Asset of Community Value (“ACV”). In turn, that replaced/revised the PD rights created in General Permitted Development (Amendment) (England) Order 2013 for A4 premises. These included temporary change of use from A4 to A3, A2, A1, B1 (offices) and state-sponsored school (D1) for a single period of up to 2 years, when the original use A4 would resume (whether occupied or traded or not). In short, the present planning position is that A4 pubs can only be used as pubs or pub/restaurants and any other use or demolition requires full planning permission. The ACV status of pubs no longer has any relevance in PD terms; but it can be a 'material consideration' in the refusal of permission or dismissal of an appeal of a refusal to the Inspectorate.
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Use classes in leases:
Leases will often define the permitted use by reference to a use class. Generally, the drafting will ensure that the use class is frozen as at the date of the lease, so that the landlord does not lose control over changes if a use class were widened or narrowed. Occasionally, the drafting requires all statutory references in the lease to be updated as they change from time to time. Sometimes it can be difficult to work out what is the equivalent provision in the latest legislation. The sale of food and drink faces the greatest changes. Take, say, a lease granted in 2000 with any use within A3. The lease preserves the meaning that A3 had in 2000. The tenant will be able to choose between the new A3, A4 and A5 without having to obtain landlord's consent, since all came within the old A3. However, some of the changes between the new use classes require planning permission (for example, a change from a cafe in the new A3 to a hot food takeaway in the new A5), and leases usually require a tenant to obtain the landlord's consent to any planning application. Thus, the change in the Use Class Order has not altered the scope of the permitted use under the lease, but it may have given the landlord a new degree of control over changes to it. At rent review, a lease with a permitted use of the old A3 might be more valuable than a modern lease, which is likely to have a narrower permitted use, defined by reference to one of the new classes A3, A4 or A5. Faced with this argument, the tenant should look at the lease provisions on obtaining planning permission: has the landlord acquired a new control that might depress the rent?