Change of Use Planning Permissions

Applying for Planning Permission for a Change of Use is relatively straightforward and mostly simpler than making a new building application. It can, however, be problematic, (particularly where a premises has a current commercial or agricultural use class). Getting it right first time will save a lot of money and time.

Sometimes Change of Use can be dealt with through a prior approval process rather than a Planning Application. This process is used when (in theory) a Change of Use is permitted but the council needs to confirm this and other associated details. Planning Direct has considerable experience with this and can get you permission quickly. Local authorities can (through an Article 4 Direction) require Planning Permission in certain areas regardless of Permitted Development rights.

Your Local Planning Authority (LPA) monitors the implementation of Planning Permission, investigating cases of unauthorised development and taking necessary action. If you breach planning control regarding the use of your property, your LPA may choose to enforce against you. You may have inadvertently not gained planning permission, or a change in circumstance may mean that you no longer comply with the existing permission, either way, it is not uncommon for this to occur.

In many cases, development is protected from enforcement if no action is taken by your LPA. This means if you have changed the use of your property without seeking permission you may still be protected. This protection is time sensitive with two deadlines, classified as follows

Incidences where the four year rule prevents you from being enforced against include

• If your whole building, or part of your building has been used as a single residential dwelling for over four years
• If you built a structure to use for a particular purpose in excess of four years prior to the enforcement (for example you built a garage to be used as an office to run a business)

The ten year rule applies if

• The current land or building use has been upheld for over 10 years, for example – letting out a property as House of Multiple Occupancy, HMO (C4 Use Class), rather than a residential dwelling (C3)
• A limitation on planning permission or a relevant planning condition has not been complied with for over ten years.

Read more on Enforcement and the Change of Use Four Year rule | Change of Use ten year rule here