The Demise of A-Class Planning Uses in England

Understanding the Former A-Class Planning Uses in England

For many years, the planning system in England categorised various commercial and service-based properties under a series of 'A' Use Classes. These classes provided a clear framework for understanding what a building's primary function was and what activities were permitted within it. However, a significant shift occurred in September 2020, fundamentally altering these classifications. This article delves into the specifics of the former A-Class uses, particularly A4 and A5, explains their demise, and clarifies the current situation regarding property use classes.

The Abolition of A-Class Uses: A New Era in Planning

The Town and Country Planning (Use Classes) (England) Order 2020 brought about substantial changes, effectively making the A-Class uses extinct in England as of September 2020. This overhaul aimed to simplify and modernise the planning system, reflecting changes in how commercial spaces are utilised. The primary impact was the consolidation of several former A-Class categories into a new, broader 'Class E' – Commercial, Business and Service. This new class now encompasses a wide range of activities previously spread across A1, A2, and A3, as well as parts of the B1 business class and D1 and D2 (non-residential institutions and assembly/leisure).

The most significant consequence for the specific uses we are discussing is that Classes A4 (Pubs and Drinking Establishments) and A5 (Hot Food Takeaways) were no longer assigned to any of the standard Use Classes. Instead, they were classified as sui generis. This Latin term means 'of its own kind' or 'unique', indicating that these specific uses do not fit neatly into the new overarching categories and are treated separately under planning regulations.

Furthermore, the reforms introduced Class F2, 'Local Community', which includes small shops selling essential goods under specific conditions. This highlights the complexity and the nuanced approach taken in the new Use Classes Order.

What Were the Previous A-Class Uses?

To appreciate the impact of the changes, it's crucial to understand what each of the former A-Class categories encompassed:

Use Class A1: Shops

This was the broadest retail category. It included a wide array of businesses such as general retail shops, retail warehouses, post offices, ticket and travel agencies, the sale of cold food for consumption off the premises, hairdressers, funeral directors, hire shops, dry cleaners, and internet cafes. Essentially, any business whose primary activity was the sale of goods to the public typically fell under A1.

Use Class A2: Financial and Professional Services

Class A2 was designated for services of a financial and professional nature. This included banks, building societies, estate agents, employment agencies, and other professional services, with the exclusion of health and medical services (which often fell under D1).

Use Class A3: Food and Drink

This class covered establishments where food and drink were consumed on the premises. Restaurants and cafes were the primary examples of businesses falling under A3. This was a distinct category from A1, focusing on the service and consumption aspect rather than the retail sale of goods.

Use Class A4: Pubs and Drinking Establishments

As the name suggests, Use Class A4 specifically covered pubs, public houses, wine bars, and other establishments whose main purpose was the sale of drink for consumption on the premises. While food might have been served, the primary focus was on the drinking establishment aspect.

Use Class A5: Hot Food Takeaways

Use Class A5 was dedicated to businesses primarily involved in the sale of hot food for consumption off the premises. This category included traditional takeaways, fast-food outlets, and similar establishments where the customer takes the food away to eat elsewhere.

Do You Need Planning Permission for a Change of Use?

The question of whether planning permission is required for a change of use is complex and depends on several factors, especially following the 2020 reforms. Historically, moving between different A-class uses, or from an A-class use to another class, often required a formal planning application for a 'Change of Use'.

The Current Situation for Former A-Class Uses:

• A1, A2, A3 to Class E: Many changes between former A1, A2, and A3 uses, and into the new Class E, can now be undertaken as Permitted Development. This means that for many such changes, formal planning permission is not required. However, it is crucial to verify this with your local planning authority or a planning consultant, as specific conditions and restrictions can apply.
• A4 and A5 (Sui Generis): Because A4 and A5 uses are now sui generis, their classification outside the standard Use Classes Order means that any change of use to or from these categories will almost certainly require a formal planning application. This is because they are no longer covered by the standard permitted development rights that apply to many other use class changes.

Permitted Development and Prior Approval

It's important to remember that even for changes that might fall under Permitted Development, there can be a requirement for 'Prior Approval' from the local council. This process allows the council to consider the potential impact of the proposed change on the local area, such as traffic, noise, and amenity. For example, changing a former A1 shop to a hot food takeaway (now sui generis) would require a full planning application. However, even some changes within the new Class E that might otherwise be permitted development could require prior approval depending on the specifics of the development and its location.

Key takeaway: If your proposed change of use involves a former A4 or A5 use, or aims to establish a new A4 or A5 use, you should assume that a formal planning application will be necessary. Always consult with a planning professional or your local planning authority to confirm the exact requirements for your specific project.

Understanding the Cost of Planning Applications

The cost associated with obtaining planning permission or seeking prior approval can vary. A full planning application for a change of use typically incurs a fee set by the local authority, which can range significantly depending on the scale and nature of the development. For 'Prior Approval' applications, the fees are often more standardised, typically a set fee of £96 or £206 for many change of use applications. However, these figures are subject to change and should be verified with the relevant council.

Beyond the application fees, engaging a planning consultant to guide you through the process, prepare necessary documentation, and liaise with the local authority can add to the overall cost. However, their expertise can be invaluable in navigating the complexities of the planning system and increasing the likelihood of a successful outcome.

Summary Table of Former A-Class Uses and Current Status

The following table summarises the former A-Class uses and their current planning status in England:

Frequently Asked Questions

What does 'sui generis' mean in planning terms?

In planning law, 'sui generis' means a use that does not fall within any of the standard Use Classes Order categories. These uses are treated individually, and changes to or from a sui generis use typically require a specific planning application.

Can I change my former A1 shop to a restaurant (former A3)?

Yes, many such changes are now permitted under the new Class E. However, depending on the specific nature of the proposed restaurant and its location, you might need to seek Prior Approval from your local planning authority. It's always best to check.

Do I need planning permission to change from a pub (A4) to a shop (now Class E)?

Yes, because A4 is a sui generis use, changing from it to any other use, including the new Class E, will almost certainly require a formal planning application for a Change of Use. This is because A4 is no longer part of the standard Use Classes Order framework that allows for some permitted development.

What if my property was previously A1 but is now vacant?

If your property was last used as an A1 shop, it now falls into Class E. Changing it to another use within Class E (e.g., an office, a clinic, or a different type of retail) might be considered Permitted Development. However, if you intend to change it to a use that is sui generis, such as a hot food takeaway (former A5), or a use outside of the Use Classes Order, you will need to apply for planning permission.

Are there any exceptions for A4 and A5 uses?

While A4 and A5 are now sui generis, the specific circumstances and the local planning authority's policies can sometimes influence the process. However, the general rule is that significant changes involving these uses require a formal planning application rather than relying on permitted development rights.

Conclusion

The abolition of the A-Class planning uses, particularly A4 and A5, has significantly reshaped the landscape for property owners and developers in England. While many former retail and service uses have been streamlined into the new Class E, pubs, drinking establishments, and hot food takeaways now stand apart as sui generis uses. This distinction means that any proposed changes to or from these specific uses will typically necessitate a formal planning application. Understanding these changes is crucial for anyone considering a property development or change of use project to ensure compliance with current planning regulations and to avoid potential delays or complications.

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