Use Class E allows for a wide range of commercial activities within a property, including shops, offices, gyms, restaurants, workshops and health centres, typically with no planning permission needed for changes between these uses.
Use Class E - Commercial, Business and Service
Class E Planning was introduced in England to create a more flexible use.
What is Use Class E?
It makes it easier to change the use of a building without planning permission, because it allows for a wide range of uses within the same category.
Use Class E covers Commercial, Business and Services, including retail, offices, cafes, gyms, health centres, and workshops, allowing change between these uses without planning permission unless Article 4 restrictions apply (issued to protect local character or amenities, requiring assessment against local plans)
Use Class E is split:
(a): For the display or retail sale of goods, other than hot food, principally to visiting members of the public.
(b): For the sale of food and drink principally to visiting members of the public where consumption of that food and drink is mostly undertaken on the premises.
(c): For the provision of the following kinds of services principally to visiting members of the public.
- (c)(i): Financial services
- (c)(ii): Professional services (other than health or medical services), or
- (c)(iii): Any other services which it is appropriate to provide in a commercial, business or service locality.
(d): For indoor sport, recreation or fitness, not involving motorised vehicles or firearms, principally to visiting members of the public.
(e): For the provision of medical or health services, principally to visiting members of the public, except the use of premises attached to the residence of the consultant or practitioner.
(f): For a creche, day nursery or day centre, not including a residential use, principally to visiting members of the public.
(g): For
- (g)(i): An office to carry out any operational or administrative functions,
- (g)(ii) The research and development of products or processes, or
- (g)(iii) Any industrial process i.e. a use which can be carried out in any residential area without detriment to the amenity of that area. Such as noise, vibration, smell, fumes, smoke, soot, ash, dust or grit.
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Can I change use within Class E?
If you have a building that is currently used for one of the purposes listed under Use Class E, you can change its use to another purpose on that list without having to apply for planning permission. This saves you a lot of time and money, and can make it easier to adapt your business or building to changing needs.
This allows many struggling high street uses to easily switch to one that draws customers, and opens up premises to a wider range of potential tenants. For the consumer, hopefully that means a greater range of local businesses could be seen on the high street.
However, not all buildings have the same rights. For example, if a previous planning permission restricted certain uses or are subject to restrictive planning obligations, those restrictions may still apply, even though the building is now Class E. It is important to check with your local planning authority to confirm your rights.
A Certificate of Lawfulness application can be used to confirm the existing or proposed use of a building.
In addition, if the change of use within Use Class E requires external changes to the property, these changes will still need planning permission. Examples include a new shopfront, installation of flues or canopies for extraction among others.
Case Studies
The following are a sample of interesting or challenging projects.
Lawful Development Certificate for use as Restaurant (Use Class E)
Lawful Development Certificate for use as Restaurant (Use Class E)
Change of Use from Hot Food Takeaway to Optometrists
Change of Use from Hot Food Takeaway to Optometrists
Change of use to dual A1 (off-license) and A4 (Drinking Establishment)
Change of use to dual A1 (off-license) and A4 (Drinking Establishment)
Redevelopment of single storey workshop into contemporary detached office
Redevelopment of single storey workshop into contemporary detached office
Conversion of builders’ yard and office to a physiotherapy clinic with distribution storage
Conversion of builders’ yard and office to a physiotherapy clinic with distribution storage
Creation of new Pizza Hut restaurant, with drive through
Creation of new Pizza Hut restaurant, with drive through
Upwards extension to create additional B1 Use Class office accommodation.
Upwards extension to create additional B1 Use Class office accommodation.
Change of Use of Flat (C3) into Offices (B1)
Change of Use of Flat (C3) into Offices (B1)
Extension to Children Day Care Nursery (D1) (non-designated heritage asset)
Extension to Children Day Care Nursery (D1) (non-designated heritage asset)
Change of Use to A5 Use – Hot Food Takeaway (Pizza)
Change of Use to A5 Use – Hot Food Takeaway (Pizza)
Change of Use of Grade II Listed Church for A3 Use (restaurant & wine bar)
Change of Use of Grade II Listed Church for A3 Use (restaurant & wine bar)
5-storey Mixed-Use development comprising Ground Floor Retail with Residential Apartment units above, Manchester
5-storey Mixed-Use development comprising Ground Floor Retail with Residential Apartment units above, Manchester
Change of use from detached two-storey dwelling into Veterinary Practice
Change of use from detached two-storey dwelling into Veterinary Practice
Change of Use from Residential Dwelling to B1/ D1 use class
Change of Use from Residential Dwelling to B1/ D1 use class
Conversion of Retail and Office building, with extensions to create two homes
Conversion of Retail and Office building, with extensions to create two homes
Change of use – Class E
Some changes of use to or from Class E are allowed without planning permission, but others require prior approval. The specific rules can be complex and change frequently, so it is best to have your specific requirements reviewed by a professional.
For example, changes of use of casino’s, betting offices, pay day loan shops and hot food takeaways to Use Class E are all considered permitted development, subject to notifying the local authority when the change will occur. The reverse change would require full planning permission.
Changes of use from an agricultural building to a flexible commercial use falling under Class B2 (general industrial), Class B8 (storage or distribution), Class C1 (hotels), Class E (commercial, business or service) or Class F2(c) (outdoor sport & recreation) can also be possible, although there are other criteria that must also be met.
From Use Class E, changes can be made to a State Funded School, to allow for one or two flats above a Use Class E space, as well as a temporarily change to certain commercial uses for up to three years under permitted development right Class D).
One powerful option is a change from Use Class E to residential. Class MA uses the Prior Approval process and gives the local planning authority the opportunity to consider the impacts of the proposed change from Use Class E to residential for a limited number of issues. For example, transport and highways, contamination and flooding risks, noise impacts and natural light.
Class MA rights do not apply to all buildings or areas. For example, Listed Buildings, Sites of Special Scientific Interest (SSSI) and areas such as AONB’s, World Heritage Sites, National Parks and the Broads.
Some Local Authorities are also introducing Article 4 restrictions to prevent the conversion of Use Class E to residential under permitted development. It is essential to check with your local planning authority to check whether any Article 4, or other, restrictions apply to your building before applying.
The use of Class MA (Use Class E to Residential) does not typically allow for external changes (i.e. additional windows or doors, changing the materials, adding an extension) and planning permission would therefore likely be required for the changes.
As you can see, changes to and from Use Class E are possible, but there are a lot of nuances and specific circumstances that need to be adhered to. Our team of planning consultants are here to help with the specific requirements of your project.
Does Use Class E Apply in Wales?
No, Use Class E currently only applies to England.
What commercial uses are not included in Use Class E?
There are still a number of commercial uses that are specifically defined and excluded from classification as Use Class E These become ‘Sui Generis’ or ‘in a class of its own’. These include public houses and bars (previously A4 use), hot food takeaways (previously A5 use), and cinemas, concert halls and bingo halls (previously D2 use).
In addition, small rural shops that sell food and essential goods, and are at least 1km from the next similar shop, now sit in use class F2 local community (previously A1 use).
Please see the relevant sector pages for more information relating to specific elements.
If you are in doubt as to whether your specific use is included in Use Class E, contact us today to discuss how we can help.
At Plande, we have been involved with a variety of commercial, business and service projects, which now fall under Class E Planning, including new build, extensions and mixed-use buildings comprising multiple uses.
Please see the relevant sector pages for more information relating to specific elements.
Disclaimer: This page provides an introduction only and is not a definitive statement of the law and should therefore not be relied upon. The information above relates to England only. Policies across the rest of the UK may differ. Contact your Local Planning Authority for advice and confirmation before any works are carried out. All images used are for illustrative purposes only. Read the full disclaimer here.
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