Use Classes (Amendment) (England) Regulations 2020

These Regulations amend the Town and Country Planning (Use Classes) Order 1987, revoking Parts A and D and creating new use classes in relation to England.

These Regulations amend the Use Classes Order 1987. The Use Classes Order specifies classes for the purposes of section 55(2)(f) of the Town and Country Planning Act 1990, which provides that a change of use of a building or other land does not involve development for the purposes of the Act if the new use and the former use are both within the same specified class.

Regulation 2 of this instrument revokes Parts A and D of the Schedule to the Use Classes Order in relation to England and subject to the transitional and savings provisions set out in regulations 3 and 4. Regulation 13 of this instrument amends the Use Classes Order in relation to England to insert a new Schedule 2 providing for new classes, Class E (Commercial, business and service),Class F.1 (Learning and non-residential institutions) and F.2 (Local community). Class E subsumes previous use classes which were specified in the Schedule to the Use Classes Order as Class A1(Shops), Class A2 (Financial and professional services), Class A3 (Restaurants and cafes) and Class B1(Business) (see regulation 7 of this instrument). Class F.1 and F.2 subsume some of the previous use classes which were specified in the Schedule to the Use Classes Order as Class D1 (Non-residential institutions) and Class D2 (Assembly and leisure).

Regulations 9 to 13 of this instrument make consequential changes to the Use Classes Order as a result of the insertion of new Schedule 2.

Regulation 10(3) inserts new paragraphs (1A), (1B) and (IC) into the Use Classes Order which provide amongst other things for Part B of Schedule 1 to apply in relation to England subject to modification.

Regulation 10(7)(b) inserts further uses into article 3(6) of the Use Classes Order which cannot be included within a specified class of that Order.

Regulation 3(2) of this instrument provides for references in the General Permitted Development (England) (Order) 2015 (“the GPDO”) to be construed as references to the use classes which were specified in the Use Classes Order on 31st August 2020 (i.e.“the previous use classes”) for the duration of “the material period”, which is defined in regulation 1. Regulation 3(3) provides for references to uses or use classes in prior approval applications, or article 4 directions, etc, made under the GPDO to be construed as references to the previous use classes; and regulation 3(4) provides for references to uses or use classes in article 4 directions which have already been made to continue to be construed as the previous use classes. Regulation 4 provides for relevant planning applications (see definition in regulation 1) which are submitted prior to 1st September 2020 to be determined by reference to the previous use classes. Regulations 5 and 6 make consequential amendments to secondary legislation which contains references to uses or use classes.

Author: MHCLG

Date: 1/9/2020 Coming into force

This item updates DCP sections 4.3331, 4.3332, 4.3333, 4.3333/1, 4.3333/2, 4.3334, 4.333/10, 4.333/11


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