What Planning Use Class Is A Garage

What Planning Use Class Is A Garage

The change in the use of any land or existing building may need planning permission. The change in the use of any land or existing building may need planning permission. The “Use Classes Order” is a specific piece of planning legislation which categorises many common uses into groups. Generally, if the change falls within the same group, e.g. from one kind of shop to another (although this does exclude hot food take-aways), permission is not required. This generality does depend on the circumstances and the Councils’ planning officers can advise on this.
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What Planning Use Class Is A Garage

Class C3 (dwellinghouses) is a new class which comprises use as a dwellinghouse by an individual, by people living together as a family or by not more than six residents living together as a single household. In the case of people living together as a household rather than as a family, the use will continue to be within the class notwithstanding that an element of care (as defined in article 2) is provided for residents. The intention of this class is to include, for example, use as a dwellinghouse by individuals living together in the community who have formerly been in an institution of some kind.
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What Planning Use Class Is A Garage

From newsagents to restaurants, every property used by a business will have a ‘use class’ assigned to it. This determines and restricts what the property can be used for. A charity shop can’t suddenly become a restaurant and a Chinese takeaway can’t transform into a hotel. To change from one use class to another, you’ll usually need to apply for planning permission from the local planning authority.
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What Planning Use Class Is A Garage

Class A2 is a new class of use for financial, professional and other services. This combines some of the office uses formerly in Class II, and some uses formerly within the definition of “shop” as being uses of buildings for a purpose appropriate to a shopping area. The test of appropriateness to a shopping area governs the whole of class A2.
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What Planning Use Class Is A Garage

The following list gives an indication of the types of use which may fall within each use class. Please note that this is a guide only and it is for local planning authorities to determine, in the first instance, depending on the individual circumstances of each case, which use class a particular use falls into.
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What Planning Use Class Is A Garage

Class A3 (food and drink) is a new class. It combines use for the sale of hot food, which was formerly excluded from Class I, with use as a restaurant or for the sale of drink.
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What Planning Use Class Is A Garage

For example, A3 uses can change to A1 uses without the need for planning permission. However, if you are proposing to change the use of a premises or land, you should always seek advice from the local planning authority to confirm whether planning permission is required or not.
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What Planning Use Class Is A Garage

The ‘Classes’ of potential uses are divided into groups. For example, the uses falling under Part A are types of professional service provided to the public and business communities, including the sale of goods or service in shops. Each Part is further divided into sub-groups, which each then contains the specific uses the law is actually concerned with. Each of the subgroups is assigned a letter (from A to D) and a number, creating for example a ‘Class A1 Use’, a ‘Class B3 Use’, etc.

When making major alterations to a building (such as building an extension or applying for a change of use), you or your tenant will need to comply with various legal and regulatory requirements. This includes Construction (Design and Management) Regulations, the Party Wall Act, building surveys, and ultimately securing planning consent from the local authorities. Securing planning consent and conforming to all sorts of other legalities, and coping with building work disruption, is not to be taken lightly. It’s wise to let the legal experts guide you.
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A Certificate of Lawfulness for proposed development or use allows you to get a decision from us on whether you need planning permission for your proposal. You should apply for a certificate of lawfulness if you want a definite decision that your proposal is lawful and does not need planning permission, or that if you go ahead with your proposal, you don’t run the risk of future enforcement action.
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It is for local planning authorities to determine, in the first instance, which class a particular use falls into. Their decision will depend on the individual circumstances of each case.
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You won’t need planning permission if the proposed change falls within the same sub-class, e.g. changing a newsagent to a shoe shop, as they are both “A1” use classes.
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3.— Subject to the provisions of this Order, where a building or other land is used for a purpose of any class specified in the Schedule, the use of that building or that other land for any other purpose of the same class shall not be taken to involve development of the land.
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There are various issues in addition to those directly connected to the planning and building control regimes that you, or your tenant, should consider before starting work. For instance, even if the development doesn’t require planning consent, you may need pay the Community Infrastructure Levy.
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Activities can be broadly summarised as those involving work with oils, gums, resins and some other types of chemical compounds, dealt with in Class B6. The first entry in this Class makes it clear that petroleum and petroleum products are not included.
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The Town and Country Planning (Use Classes) Order 1987 came into force on June 1, 1987, replacing the previous 1972 and 1983 versions. It defines the possible uses of a site, with “site” meaning “the whole area of land within a single unit of occupation”. The legislation is particularly relevant for those looking to buy, lease, rent or otherwise occupy commercial property. The vast majority of property in England will have had its permissible uses already assigned by its local authority.
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Even the change itself is permitted, it may not be enough to guarantee the premises can be used for its proposed purpose. There are other restrictions and factors that can come into play. For example, the lease could include a clause that prohibits the building being used for a particular use class. Or the property may be a listed building. Or there may be additional licenses required e.g. an alcohol license
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Typically, an MOT testing centre or service station would fall under the use class of B2 General Industry. We have, however, heard of cases where an MOT testing centre was classified under sui generis too depending on the local governing body.
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4.  In the case of a building used for a purpose within class C3 (dwellinghouses) in the Schedule, the use as a separate dwellinghouse of any part of the building or of any land occupied with and used for the same purposes as the building is not, by virtue of this Order, to be taken as not amounting to development.
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Not every use of building is assigned a Class under this legislation. Examples of these include theatres, scrap yards, petrol stations, nightclubs, and casinos, and these are known as sui generis uses.
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C3(c) allows for groups of people (up to six) living together as a single household. This allows for those groupings that do not fall within the C4 HMO definition, but which fell within the previous C3 use class, to be provided for i.e. a small religious community may fall into this section as could a homeowner who is living with a lodger.
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Certain uses do not fall within any use class and are considered ‘sui generis’. Such uses include: theatres, houses in multiple occupation, hostels providing no significant element of care, scrap yards. Petrol filling stations and shops selling and/or displaying motor vehicles. Retail warehouse clubs, nightclubs, launderettes, taxi businesses, amusement centres and casinos.
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If you would like to make small alterations or extensions to your property, such as building an interior wall or erecting a small garden shed, you may not require planning permission. This is known as “permitted development”. If you live in a conservation area, you are unlikely to have any permitted development rights.  If your application is regarding a listed building there are also stricter rules in place. Please see our guide for more information.
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As a general rule, changes within the same class that go from a higher number to a lower number are permitted. However, there are exceptions to that. For example, you can’t turn a hot food takeaway (A5) into a drinking establishment (A4). But, you can turn it into a restaurant (A3), a professional and financial services branch (A2), or a shop (A1)
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Class A2 moves on to cover “financial and professional services”. Again, these must be offered to the general public. This time, the specification is that “principally” the clients or customers of these types of businesses will again be visiting the premises:
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Class C1 deals with hotels, boarding houses, guest houses. This does not include premises which offer care as part of their services. That is to say, these premises are ‘regular hotels’ open to the general public, rather than those for guests or residents with special needs.

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