Material Changes of Use - A Summary

Partner Karen Jones, in our Planning & Environmental law team, explains what constitutes a material change of use when seeking to obtain planning permission.

We have previously published a blog article, ‘Back to Basics – When is Planning Permission Required?’ looking at when planning permission is required. Essentially, planning permission is required for “development” and development includes a material change of use.

Not every change of use will be development and therefore require planning permission. Only material changes of use will require planning permission.

Section 55(2) of the Town and Country Planning Act 1990 (“1990 Act”) provides some direction over what does not amount to a material change of use and this includes:

• (d) The use of any buildings or other land within the curtilage of a dwellinghouse for any purpose incidental to the enjoyment of the dwellinghouse;
• (e) The use of any land for the purposes of agriculture or forestry and the use for any of those purposes of any building occupied together with land so used; and
• (f) in the case of buildings or other land which are used for a purpose of any class specified in an order made by the Secretary of State under this section, the use of the buildings or other land or… of any part of the buildings or the other land, for any other purpose of the same use class.

It is Section 55(2)(f) of the 1990 Act that this article is intended to look at in more detail.

Section 55(2)(f) of the 1990 Act  refers to an order being made by Secretary of State. The Town and Country Planning (Use Classes) Order 1987 (as amended) is such an order. What Section 55(2)(f) provides is that a change of use of land or a building within the same “use class” does not amount to development.

There are a number of use classes under the 1987 Order, one such use class is A1 (Shops). The following uses fall within that use class:

• (a) the retail sale of goods other than hot food;
• (b) a post office
• (c) the sale of tickets or as a travel agency;
• (d) the sale of sandwiches or other cold food for consumption of the premises;
• (e) hairdressing;
• (f) the direction of funerals;
• (g) the display of goods for sale;
• (h) the hiring out of domestic or personal goods or articles;
• (i) the reception of goods to be washed, cleaned or repaired

where the sale, display or service is to the visiting members of the public.

Use class A1 (shops) is therefore quite wide. Section 55(2)(f) of the 1990 Act provides that the change of use from a post office to a hairdressers will not amount to development and therefore will not require planning permission.

The purpose of the 1987 Order and Section 55(2)(f) of the 1990 Act is therefore to support commerce and to reduce the administrative burden on the Local Planning Authority. It is generally considered that the impact of all uses within Class A1(shops) would have the same level of impact on the amenity of the locality as each other and accordingly specific planning permission should not be required.

It is important to note that whilst the change of use does not require planning permission, any physical works (which are not internal only) to facilitate the change of use such as the installation of a large shop window would be development under Section 55 of the 1990 Act and would require planning permission.

Finally, changes of use between use classes (for example A1 (shop) to A2 (finance and professional services)) are not covered by Section 55(2)(f) of the 1990 Act and therefore you would need to consider whether the changes of use are material. If they are then planning permission would be required for that material change of use. Whether or not a change of use is material is not straightforward and will depend on the specific facts involved. If you are unsure of whether what you propose is development you should seek specialist legal advice.

For further information or legal advice, please contact law@blandy.co.uk or call 0118 951 6800.