Change of Use
The activity will either fall into one of the ‘Use Classes’ listed under the Town and Country Planning (Use Class) Order 1987 or it will be categorised as Sui Generis (of its own class) – a catch-all category for any activity that does not fit into any of the given classes.
The 1987 Order lists the different categories of ‘Use Class’: for example, ‘residential’, food retail’ or ‘office’. An owner who wishes to use the property for one of these activities must obtain planning permission for the relevant ‘Use Class’. An owner who wants to change the activity from one Use Class to another must apply for Change of Use.
Let us take the example of Ted. Ted has spent 20 years as an investment banker. He is fed up – why should he have to travel up to London every day simply to take people’s money? He wants an easier life. He applies to change his two ground floor rooms into a betting shop and a pay-day loan company linked by a turnstile.
Ted must persuade the local planning authority (LPA) that its town needs both another betting shop and a source of easy money. His application will require:
(1) A history of the property’s use
(2) A location plan (1/1250)
(3) A site plan (1/200) and photographs
(4) A description of the proposed new use
(5) A report on parking – ideally showing minimal effect
(6) A report on proximity of similar facilities – ideally showing their insufficiency
(7) A statement summarising the merits of the new business for the town: for example, the new jobs created, disability plan, how the shop will attract people to the area.
Ted, we must hope, will face a gruelling time. However, note that however socially appealing or unappealing the nature of the business may be, it must satisfy the requirements of Change of Use.