Question 1

What is a material change of use?

Accepted Answer

A material change of use is a change in the primary use of a building or land that is significant enough in planning terms to constitute development requiring planning permission. The word 'material' means significant or substantial - not every change in how a building is used is material. Whether a change is material depends on: the nature and degree of the change; the character of the surrounding area; and the planning history of the site. The Town and Country Planning (Use Classes) Order 1987 groups land and building uses into categories (Use Classes). Changing from one use within a Use Class to another use within the same class is generally not a material change (a change from one type of shop to another within Class E, for example). Changing from one Use Class to a different Use Class is generally a material change requiring planning permission, unless the General Permitted Development Order permits the change.

Question 2

What are Use Classes?

Accepted Answer

Use Classes are categories of land and building uses defined by the Town and Country Planning (Use Classes) Order 1987 (as significantly amended in 2020). The main Use Classes relevant to domestic and commercial development in England are: Class C3 (dwellinghouses - the standard residential use class for single family homes); Class C4 (houses in multiple occupation for 3-6 unrelated residents); Class E (commercial, business and service - the broad class introduced in 2020 combining the former retail, office, light industrial, restaurant, and gym uses); Class F1 (local community uses - learning, non-residential institutions); Class F2 (local amenity uses - small local shops, community halls, outdoor sports). Uses that do not fall into any Use Class are described as 'sui generis' (in a class of their own) - these include petrol filling stations, nightclubs, theatres, and houses in multiple occupation for 7 or more people.

Question 3

When does converting a house need planning permission?

Accepted Answer

Converting a single dwelling house (Class C3) to a different use is a material change of use requiring planning permission in most cases. Converting a house to a house in multiple occupation (HMO) for 3-6 unrelated people (Class C4) may be permitted development in some areas, but many local authorities have removed this permitted development right using Article 4 directions - requiring a planning application. Converting a house into flats (creating two or more self-contained units from a single dwelling) is a material change of use requiring full planning permission. Converting a house to a commercial use (office, shop, etc.) is a material change of use requiring permission. Converting a commercial building to residential use may now be possible under permitted development rights introduced since 2013 - Class MA (commercial to residential) and similar permitted development rights apply in many cases but have conditions and prior approval requirements.

Question 4

What is a sui generis use?

Accepted Answer

Sui generis is a Latin term meaning 'in a class of its own.' In planning terms, sui generis uses are building uses that do not fall within any defined Use Class - each change to or from a sui generis use is therefore a material change of use requiring planning permission. Examples of sui generis uses include: petrol filling stations; motor vehicle showrooms; theatres; nightclubs and casinos; launderettes; taxi businesses; amusement arcades; and houses in multiple occupation for 7 or more unrelated people (the larger HMO category). Because every change to or from a sui generis use is material, these uses cannot benefit from the flexibility that Use Classes provide - changing from a nightclub to an office (Class E) requires a full planning application, whereas changing between two Class E uses does not.

Material Change of Use

Just so you know...