Will 2020's Planning Reforms Ever See 2021?
The need for planning permission in respect of changes of use took a drastic turn last week, as investors and developers alike are granted a much broader scope to change the use of a property without having to submit a full planning application - but will such a reform be short-lived?
Planning legislation categorises the common uses of property into 'use classes' - with planning permission (typically) being required to change such a property's use from one class to another. With this said, a full planning application is not generally required to move:
- Within classes (unless classified as 'sui generis'); or
- Between those classes set out in the permitted development rules (set out in Part 3, Schedule 2, Town and Country Planning (General Permitted Development) (England) Order 2015).
In spite of the above, the Town and Country Planning Act (Use Classes) (Amendment) (England) Regulations 2020 (the 2020 Regulations) varied these use classes as of 01 September 2020.
The 2020 Regulations represent a complete overhaul of the system and, importantly, introduce an incredibly broad new commercial, business and service use class (Class E). This new use class incorporates and consolidates the previous shops (A1), financial and professional services (A2), restaurants and cafes (A3) and offices (B1) classes, as well as bringing within it gyms, nurseries and health centres.
In the absence of conditions or obligations to the contrary, this effectively permits developers the ability to vary the use of a property between a wider range of uses without the need to submit a full planning application. However, it is worth noting that a handful of uses have been newly classified as 'sui generis' - thus, permission from the local planning authority will be required should the developer wish to change the use of that property.
The following table provides a brief summary of how uses will be reclassified from 01 September 2020:
Potential problems?
Though the changes only came into force last week, they are already the subject of legal scrutiny as an action group seeks to challenge the lawfulness of the 2020 Regulations.
In light of the above, it is advised that those already in the process of updating the permitted use clauses contained within their leases may want to hang fire until the claim is settled before they commit to referencing the new use classes: -
"More nuanced ways of describing permitted use may be more appropriate or anchoring the permitted use to the Order as it existed prior to 1 September" - David Wood
With judgement pending, the question becomes whether the reforms brought about within the 2020 Regulations will disappear as abruptly as they arrived?
If you have any queries as to whether planning permission is required in respect of a particular development, or would simply like to know more, please do not hesitate to be in touch: [email protected].