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planning-applications.co.uk |
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CHANGE OF USE
The
definition of 'DEVELOPMENT' for planning purposes not only refers to building, engineering and
other operations, but includes the need for planning permission in
circumstances where you wish to change the use of land or buildings.
A
change in the use of land or buildings may arise by a simple alteration in the
nature of the use, or through alterations and additions which modify the use. A
change of use may also arise through a material intensification in the present
use, or by subtly altering the present use to a point where the changes amount
to development.
Changes of use are not always a clear-cut issue and should be
treated with care.
There
are certain types of change of use, which do not require planning permission.
For example, a change of use from one type of shop to another does not
(normally) require planning permission. These are set out in the Town and
Country Planning (Use Classes Order) 1987 [UCO].
Certain
changes are permissible between and within the use classes without the need for
planning permission, subject to satisfying the appropriate criteria.
Other
uses are considered Sui Generis; that is, they are uses on their own
unrelated to other uses. A change of use from say a field to a caravan park
would require planning permission, so too a domestic garage to a business
workshop, or house to an hotel etc.
You
should first consider your permitted development rights then the Use
Classes Order to
determine whether your intended change of use requires planning permission or
not. If in doubt consult the planning department or the e-service.
There
may be circumstances where you only intend to make a minor alteration to the
use of land or premises and this opens up the question of whether the change is
so substantial as to require planning permission.
Any
change of use must be a MATERIAL CHANGE OF USE in order to require consent.
Defining what is and what is not a material change is often difficult and open
to interpretation. Inevitably the courts have provided guidance over the years
in deciding cases, but given the diversity of potential uses the issue remains
open to debate.
Setting
up a workbench in your domestic garage for private activities, hobbies, DIY etc
is not a material change of use. However, if that workbench is used for
commercial purposes - unrelated to the domestic use of the house - it is likely
to be treated as a change of use for which planning permission would be
required.
Additional
or supplementary uses may also create a situation where planning permission is
required. A builders yard used for the storage only of building materials,
which then becomes used for the parking of vehicles may require planning
permission, depending upon the circumstances of the case.
You
should not overlook the limitations on use imposed by the planning permission
over the land or buildings and any conditions that may be attached. The wording
of planning permissions is often critical. For example, "use of land as a
caravan park" is substantially different to, "use of land as a
holiday caravan park". So too "use of building for B8 storage"
from, "use of building for the storage of farm implements only".
Essentially, any fundamental change of use from the present
use to a completely different one (that is not allowed by the Use Classes Order
or as permitted development) will require planning permission.
A minor change of use may escape the need for planning
permission because it is not considered so significant as to be a 'material'
change. But care is required in assessing the significance of the change.
The intensification of a use may also attract the need for
planning permission if the enlarged use is so significant as to alter the
original circumstances beyond what may be considered acceptable.
Planning permissions should be checked to ensure that the
proposal is not outside the terms of the consent or contrary to planning
conditions.