Change of Use

A Simple Introduction from Our Experience

London's property landscape is in constant motion. The way we work, shop, and live is always evolving, leaving a trail of opportunities in the built environment. From our perspective at London Extend, an empty shop on a local high street or a half-used office building isn't just a vacant space; it's a potential new home, a new business, or a new community asset waiting to be realised.

Unlocking these opportunities, however, is not a simple matter. Every property in the UK is categorised for planning purposes, and changing from one category to another is a process governed by a specific piece of legislation: the Town and Country Planning (Use Classes) Order.

Navigating this framework, especially after its significant recent reforms, requires specialist knowledge. It's the difference between a successful, profitable conversion and a project stalled by unforeseen planning hurdles. This guide will walk you through the essentials of 'Change of Use' from our practical, on-the-ground experience.

The Concept in Plain English

The Use Classes Order is a piece of legislation that groups various uses of buildings and land into different categories, or 'classes'. Its fundamental purpose is to provide clarity and flexibility.

The core principle is this: a change of use within the same class is not considered 'development' and therefore does not require planning permission. For instance, a former bookshop changing into a café does not need a planning application, as both uses now fall within the same broad commercial class.

However, a change of use between different classes typically does constitute development and often requires planning permission. The Use Classes were significantly reformed in September 2020, and understanding the new categories is essential. Here are the most relevant ones for London projects:

• Class E – Commercial, Business and Service: This is the most revolutionary change. It's a broad 'super-class' that lumps together a huge range of uses previously kept separate. It includes shops, financial services, restaurants and cafés, offices, research and development, light industrial uses, medical clinics, crèches, and indoor sports centres. This provides enormous flexibility for businesses to adapt without needing planning permission.

• Class C3 – Dwellinghouses: This is the standard use class for a self-contained home occupied by a single family or household. This is often the target use for developers looking to create new homes.

• Class F.1 – Learning and non-residential institutions: This includes schools, museums, libraries, galleries, exhibition halls, and places of worship.

• Class F.2 – Local community: This covers uses like small local shops (under 280 sq m) with no direct competitor nearby, community halls, outdoor sports areas, and swimming pools.

• Sui Generis: This is a Latin term meaning 'of its own kind'. It's a catch-all category for uses that don't fit into any other class due to their unique impacts. Common examples include pubs, bars, takeaways, cinemas, live music venues, and nightclubs. Any change to or from a sui generis use always requires a full planning application.

The Official Process Step-by-Step

So, you have a property and want to change its use. Here is the professional process we follow:

1. Establish the Lawful Use: First, we must determine the property's current lawful use class. This sets the baseline for any proposed change.

2. Identify if the Change is Permitted Development: The government has actively encouraged certain changes of use by granting national Permitted Development (PD) rights. The most powerful of these is Class MA, which allows for a change of use from Class E (Commercial, Business and Service) to Class C3 (Dwellinghouses).

3. Navigate the Prior Approval Process: Class MA is not an automatic right. It requires a Prior Approval application to the Local Planning Authority (LPA). This is a technical process where the LPA assesses the proposal against a specific list of criteria, including:

   • Flooding and contamination risks.

   • Impacts of noise from nearby commercial premises.

   • Impacts on the local area if it's a key hub for childcare or health services.

   • Transport and highways impacts.

   • Crucially, ensuring all habitable rooms receive adequate natural light. To be eligible, the building must have a cumulative floorspace of no more than 1,500 square metres and must have been in a Class E use (or vacant) for a continuous two-year period.

4. Submit a Full Planning Application: If the desired change of use is not covered by any Permitted Development rights (e.g., converting a pub (sui generis) into flats), a full planning application is the only route. This is a much more comprehensive process where the LPA will assess the proposal against all their Local Plan and London Plan policies, weighing up the benefits of new housing against the loss of the existing use (e.g., a community pub or local employment space).

How This Impacts Your Project in London

While national PD rights provide a powerful tool, a London context adds layers of complexity.

• Protecting Commercial and Community Assets: The London Plan and individual borough Local Plans contain policies designed to protect key employment hubs, vibrant high streets, and valued community facilities like pubs. In a full planning application, these policies carry significant weight and can make it very difficult to justify the loss of certain uses.

• Article 4 Directions: This is a critical factor in London. A council can issue an Article 4 Direction to remove specific PD rights in a designated area. Many London boroughs are using these to remove the Class MA right in their town centres or commercial zones to retain control over conversions. The very first step in any project is to check if an Article 4 Direction applies.

• Quality of Housing: Even when converting under Prior Approval, the expectation for high-quality living spaces in London is immense. The requirement for 'adequate natural light' under Class MA is often interpreted very strictly by London LPAs, and proposals with poor-quality internal layouts are frequently refused.

Common Pitfalls We've Seen

The path to a successful change of use is lined with technical traps. Here are the most common issues we help our clients steer clear of:

• Misunderstanding Sui Generis: Assuming a bar or takeaway is a standard commercial use, only to discover late in the day that it's sui generis and requires a complex and challenging planning application to convert.

• Failing the Class MA Checks: Submitting a Prior Approval application without robust evidence, particularly a detailed daylight/sunlight report to prove adequate natural light, is a primary cause of refusal.

• Ignoring Physical Works: Believing that because a change of use is within Class E (e.g. office to gym), no permission is needed, while forgetting that the necessary physical alterations (new shopfront, ventilation systems etc.) may require a separate full planning application.

• Not Checking for an Article 4: Wasting significant time and money on a design for a PD conversion, only to discover the right has been removed by the council.

Our Concluding Advice

The current Use Classes Order offers more flexibility and opportunity than ever before, especially for converting underused commercial property into much-needed housing. The Class MA Permitted Development right is a powerful testament to this.

However, this is not a simple DIY process. It is a highly technical area of planning law, constrained by Prior Approval requirements, local policy nuances, and the increasing use of Article 4 Directions in London. Successfully navigating this landscape requires expert guidance to identify the correct planning route, mitigate risks, and build a robust case for the LPA.