"Can I have an 'E' please Bob?"

Oh the innocence of early evening TV in the 1980s and early 1990s. 

On the nightly game show called Blockbusters, viewers watched transfixed as contestants competed to be the first to complete a vertical connection of white hexagons from the top of the neon board to the bottom. Questions were posed by wholesome presenter, Bob Holness, with the answer to each question always being a word beginning with the contestant's chosen letter. 

Those were the days of ￡5 for each correct answer, with the winner taking home a dictionary. And in the time of Acid House and rave culture, how they laughed in university student unions across the land as contestants asked Bob for yet another E, before building up to ask for a P. 

Move forward 30 years, and the Government also has its mind set on the letter E. That is Use Class E.

As part of its planning reform agenda, the Government has had the biggest shake up of the Use Classes Order for a generation. In a single swoop it has cut through the inherent restrictions created by a multitude of town centre use classes, and lumped most of them together in one broad based, flexible use class.

So that means Parts A and D of the Schedule to the Use Classes Order 1987 are to be revoked. On or after 1st September 2020, that means any building falling within one of the use classes A1 (Shops), A2 (Financial and professional services), Class A3 (Restaurants and cafes), and Class B1 (Business) are to be treated as falling within the new Class E (Commercial, business and service). That comprises the following uses (being uses 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):

1  the display or retail sale of goods, other than hot food, principally to visiting members of the public,

2  the sale of food and drink principally to visiting members of the public where consumption of that food and drink is mostly undertaken on the premises,

3  the provision of the following kinds of services principally to visiting members of the public

i.           financial services,

ii.          professional services (other than health or medical services), or

iii.          any other services which it is appropriate to provide in a commercial, business or service locality,

4   indoor sport, recreation or fitness, not involving motorised vehicles or firearms, principally to visiting members of the public,

5   the provision of medical or health services, principally to visiting members of the public, except the use of premises attached to the residence of the consultant or practitioner,

6  a creche, day nursery or day centre, not including a residential use, principally to visiting members of the public,

7   for:

i. an office to carry out any operational or administrative functions,

ii. research and development of products or processes, or

iii. any industrial process.

The new Class E use class means greater flexibility to move between uses within that class, and is targeted at helping the Government achieve its policy objective to rejuvenate, and safeguard the viability and vitality of our town centres and long suffering High Streets. 

But note the new Class E is not a green light to complete flexibility and deregulation of commercial uses. Drinking establishments and takeaways (the old use classes A4 and A5) are now added to the list of sui generis uses. A change of use involving those uses still requires planning permission.

Also of note:

New leases may contain user restrictions which mean taking advantage of Use Class E is just not possible, and of course the drafting in any existing lease may mean the benefit of the new Class E simply cannot be enjoyed by the tenant. 

Local authorities will also still be able to exert an element of planning control even if there is no obvious real estate impediment to changing between uses within the new E class; there may still be a specific requirement to still get planning permission, signage or building regulation approval to achieve any necessary built development interventions required to deliver on a change of use in a particular building. 

Planning conditions or obligations in historic consents are also likely to prove a significant barrier in many cases.  

So the moral of the story is this: you may be able to have an E, but before you go down that route - do your due diligence. Ensure it is lawful, and in accordance with the terms of your lease. 

Bob would have expected nothing less.