Town & County Planning (Use Classes) (Amendment) (England) Regulation 2020

February 15, 2021 by Yvonne Diver in forum Planning Forum

#933 Yvonne Diver, 15 February 2021, 15:10

We are aware in September 2020 there was a change to the regulations on planning consent and specifically the Use Classes.
We have a development with planning consent for office units which was passed in April 2020 with a restriction on B1 use (offices use only). However, the September 2020 amendment referred to above appears to offer flexibility to be able to use the properties for the new E class, which is far more wide ranging. However, there appears to be some confusion as to whether the original permitted use (as an office) has to actually have been implemented BEFORE we can use it for any use within class E. Can anyone clarify this and provide a source of information confirming such please?

#934 Damian, 15 February 2021, 21:09

#937 Yvonne Diver, 17 February 2021, 15:36

Thanks Damian for the link to the Planning Portal however, whilst we have the applicable documents already (Town & Country Planning (Use Classes) (Amendment) (England) Regulations 2020 Order & Explanatory Memorandum to the Amendment document (2020 No. 757)) the wording / clauses are rather ambiguous. It is not clear what constitutes "in use" / "being used" as referred to in Regulation 7 of the Amendment Order. Does it mean the buildings have actually got be have been used for the original use i.e. B1 before it can be used for something in the new Class E or does the land simply need to have the original B1 use allocated to be eligible to change to Class E?
This is the point we need clarity on please

#939 Damian, 21 February 2021, 18:41

With this still being a new and recent change, it’s something you will have to seek clarification from your LPA.

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