How to apply for Change of Use Planning Permission
If you are planning to change the use of a property, whether it's converting a pub into a dwelling house or turning a shop into residential use, understanding the planning permission process is crucial. I want to take some time to guide you through the intricacies of applying for change of use, from initial considerations to the final stages of planning approval.
Section 55 of the Town and Country Planning Act 1990 sets out that development comprises two limbs. One of these is ‘the making of any material change in the use of any building or other land’. This, therefore, requires planning permission. The important word to acknowledge here is ‘material’.
While the meaning of ‘use’ is provided in s336(1) of the 1990 Act, the concept of a material change of use is not defined in statute or statutory instrument. The basic approach is that, for such a change to have occurred, there must be some significant difference in the character of the activities from what has gone on previously as a matter of fact and degree. That said, a significant planning policy consequence may alone signify a material change of use even in the absence of any change to site character.
Notwithstanding the above, sometimes a change of use may not require planning permission. In some cases, the change may be de minimis, meaning that it is on too small a scale for the law to take account of it. Additionally, s55(2)(f) of the 1990 Act states that no development is involved with a change within the same use class (as set out in The Town and Country Planning (Use Classes) Order 1987 (as amended). This is so even if the character is substantially different, and the change would otherwise be material.
Certain changes of use that are considered development have deemed consent from the Government under Schedule 2, Part 3 of the permitted development regulations. Indeed, the range of changes of use that can be made as permitted development has recently been considerably widened.
For example, we frequently deal with applications for prior approval for the change of use of agricultural buildings to a dwelling houses. Under these applications, the Council is limited to considering matters such as transport and highways effects and contamination risks at the site. Its development plan is not engaged.
Applying for Change of Use in Cheshire
Case Example – Cross Boundary Application for the COU of Public House to Dwelling ( HBC – Ref: 23/00082/COU)
We have recently dealt with a scheme to change the use of a public house into a dwellinghouse in Halton Borough Council’s administrative area. Under this application we illustrated that the ‘principle’ of this change was acceptable, drawing attention to the lawful changes of use that could already occur without planning permission to result in the loss of the community facility. More typical material planning considerations were also engaged, including the effects on the historic environment and on living conditions. Overall, after lengthy discussions with the Council, we were able to show that a change to a residential use at the property would be acceptable. The application is currently pending determination.