New Skirmishes in the Use Class War

The Town and Country Planning (Use Classes) Order 1987 (‘the TCPO’) has been a useful planning tool for many years, saving time for planning authorities and applicants alike. It permits the change of use of a building to any other use in the same class without the necessity of obtaining planning permission.

Public houses and fast food restaurants both fall within Class A3. The proliferation of pubs changing to fast food restaurants, coupled with the impact of anti social behaviour, has prompted the Government to re-visit the TCPO.

This has proved to be more wide ranging than anticipated.

The Town and Country Planning (Use Classes) (Amendment) Order 2005 (‘the TCPA’) has introduced the following changes: -

Class A1

• use of premises as a retail warehouse is excluded from any use class; any such change of use must be the subject matter of an application for planning permission
• an internet café is now included in this Class
• a change to A1 use from use of premises for the sale or display of motor vehicles is prohibited

Class A3 is to be sub-divided into three separate classes:

• A3 use for the sale of food and drink for consumption on the premises
• A4 use as a public house, wine bar or other drinking establishment
• A5 use for the sale of hot food for consumption off the premises

It should be noted that nightclubs are no longer included within any use class and must, therefore, as in the case of retail warehouses mentioned above, be the subject of a planning application.

The result of these changes is that A3, A4 and A5 use may be changed to A1 (retail) or A2 (professional or financial services) and from the new A4 or A5 to A3 use.

Theses changes were effective from 21st April 2005.