Change of use planning permission

You need planning permission for a material change of use unless the change is permitted development. Changes within the same use class are usually not material. Changes between different use classes typically require permission or prior approval. Some changes (office to residential, agricultural to residential) are permitted development subject to prior approval.

What counts as development

Planning permission is required for development. Development includes building operations and material changes of use.1 A material change of use is one that changes the character of how the land or building is used in planning terms.

Not all changes are material. Opening a bookshop instead of a clothes shop is not material because both are retail (Class E). Opening a takeaway instead of a cafe is material because a takeaway is sui generis (outside the use classes system).

Understanding use classes

The Use Classes Order groups similar uses together. Changes within the same use class do not need planning permission because they are not considered material changes.2

The main use classes are:

Changes between different use classes are material and require planning permission unless permitted development applies.

Permitted changes of use

Some changes between use classes are permitted development, meaning you do not need full planning permission.3 Many permitted changes require prior approval, which is a lighter-touch assessment of specific impacts (transport, contamination, flooding, etc).

Common permitted changes include:

Permitted development rights are subject to conditions, limitations, and exclusions. Check the General Permitted Development Order for current rules. Prior approval is not automatic and can be refused if the proposal causes unacceptable impacts.

When planning permission is required

You need planning permission for:

If you are unsure whether a change is material or permitted, submit a pre-application enquiry to your council or apply for a lawful development certificate for a binding determination.

How to apply for change of use

Change of use applications are submitted through the Planning Portal. You typically need:

The planning fee depends on floorspace and type of change. Decision time is 8 weeks for most applications. See our planning permission costs guide for current fees.

Prior approval for permitted changes

Prior approval applications are faster and cheaper than full planning permission. You submit details of the proposed change and the council assesses specific matters (not the principle of development).

For Class E to C3 conversions, the council considers:

The council must decide within 56 days. If they fail to decide in time, prior approval is deemed granted. Prior approval is not transferable. If you sell the property, the new owner must apply again.

Enforcement and retrospective permission

If you change use without permission, the council can serve an enforcement notice requiring you to stop the unauthorised use.

You can apply for retrospective planning permission to regularise unauthorised changes. The council assesses retrospective applications the same way as applications submitted before the change. There is no guarantee of approval.

If the unauthorised use has continued for more than 10 years, it may be immune from enforcement. You can apply for a certificate of lawfulness to confirm the use is lawful.

Related guides

Sources

  1. The Town and Country Planning Act 1990, Section 55. Definition of development.
  2. The Town and Country Planning (Use Classes) Order 1987 (as amended).
  3. The Town and Country Planning (General Permitted Development) (England) Order 2015, Schedule 2, Part 3.