Change of Use Planning Consultants
Planning advice and applications for residential, commercial, HMO and other changes of use
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Planning World
Changing the use of a property can require planning permission, prior approval or other planning evidence depending on the existing and proposed use, the property and the relevant planning restrictions.
Planning World provides specialist change-of-use planning advice for homeowners, landlords, developers and commercial property owners. We can assess the existing and proposed use, review the planning history and relevant constraints, identify the appropriate application route and prepare and manage the required planning submission.
Our work includes residential and commercial changes of use, HMOs, commercial-to-residential conversions and short-term visitor accommodation, including proposals involving sui generis uses.
When is planning permission required for a change of use?
Whether planning permission is required depends on the existing lawful use, the proposed use and whether the change is permitted by the relevant planning legislation. Some changes can take place without a conventional planning application, while others require prior approval or full planning permission.
Planning permission may also be required where the proposed use amounts to a material change in the character of the property’s use. Article 4 directions, planning conditions and other restrictions can affect what would otherwise be permitted.
Planning World can review the planning position before advising which application or approval route is appropriate.
Common Change of Use Planning Applications
Commercial to residential
Changes from eligible commercial premises to residential use may sometimes be possible through prior approval routes such as Class MA, subject to the relevant requirements and restrictions. Other proposals may require full planning permission.
Residential to HMO
Changing a dwellinghouse to an HMO can involve different planning requirements depending on the number of occupiers, local Article 4 directions and the existing and proposed use.
Short-term visitor accommodation
Using a residential property for short-term visitor accommodation can amount to a material change of use depending on the circumstances. London also has specific statutory restrictions concerning short-term letting.
Retail, food, leisure and commercial uses
Changes between commercial, food, leisure, takeaway and other uses can require careful consideration of the applicable use class, planning history, amenity impacts and local planning policies.
Sui generis uses
Some uses fall outside the defined use classes. Changes to or from a sui generis use frequently require specific planning consideration and may require planning permission.
Short-Term Lets and the London 90-Night Rule
In Greater London, specific legislation allows residential premises to be used as temporary sleeping accommodation for up to 90 nights in a calendar year where the relevant statutory conditions are met. Use beyond that limit can require planning permission.
The planning position for short-term accommodation also depends on the nature and intensity of the use and the particular property. Where a property is being used extensively for short-term visitor accommodation, Planning World can review whether a material change of use has occurred and advise on the appropriate planning or regularisation strategy.
What will the council consider?
The planning considerations will depend on the existing and proposed use, the property and the relevant local planning policies. Depending on the proposal, the local planning authority may consider:
- Principle of the proposed use — whether the proposed use is acceptable in the location
- Existing lawful use — the established planning use of the property or land
- Loss of residential or commercial floorspace — where relevant local policies seek to protect particular uses
- Neighbour amenity — including noise, disturbance, privacy and intensity of use
- Access and servicing — including deliveries, visitor movements and operational requirements
- Transport and parking — where the proposed use changes travel or parking demand
- Refuse and recycling — whether suitable arrangements can be provided
- Management arrangements — particularly for HMOs, visitor accommodation and other intensively managed uses
- Heritage and conservation — where the property is listed or within a conservation area
- Relevant planning policies and restrictions — including Article 4 directions and site-specific planning conditions
Planning World can identify the planning considerations relevant to the proposed change of use and prepare the supporting case accordingly.
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How Planning World can help
Planning status and use-class review
We review the existing lawful use, proposed use, planning history and relevant restrictions before advising on the appropriate route.
Planning strategy
We identify the appropriate planning route and assess the relevant policies, constraints, risks and opportunities.
Drawings and supporting documents
We prepare or coordinate the plans and supporting information required for the application.
Planning statements
Where required, we prepare a planning statement addressing the existing and proposed use, relevant planning policies and material planning considerations.
Management plans
For uses such as HMOs, visitor accommodation or other managed premises, we can prepare appropriate management information where required.
Submission and council liaison
We submit the application and manage correspondence with the local planning authority during determination.
Retrospective and regularisation advice
Where a change of use has already taken place, we can review the planning position and advise whether a retrospective planning application, Lawful Development Certificate or another strategy may be appropriate.
Not always. Planning permission is generally required where a change in the use of land or buildings amounts to a material change of use. Some changes within the same use class do not require planning permission, while certain changes between use classes may benefit from permitted development rights, sometimes subject to prior approval. Planning World can review the existing and proposed use, planning history and relevant restrictions before advising on the appropriate route.
A material change of use occurs where the nature or character of the use of land or a building changes sufficiently for the change to constitute development for planning purposes. There is no single statutory definition that determines every case; whether a material change has occurred is generally a matter of fact and degree based on the individual circumstances. If a material change of use has occurred, planning permission may be required unless an applicable permitted development right allows the change.
Planning use classes group certain uses of buildings and land into categories under planning legislation. For example, Class C3 covers dwellinghouses, Class C4 covers certain small houses in multiple occupation, and Class E encompasses a range of commercial, business and service uses. Some uses fall outside the defined classes and are known as sui generis. Whether planning permission is required for a change of use depends partly on the existing and proposed uses and any applicable permitted development rights or restrictions.
It depends on the location and circumstances. In Greater London, residential premises can generally be used as temporary sleeping accommodation for up to 90 nights in a calendar year without that use being treated as a material change of use, provided the relevant statutory conditions are met. Planning permission is required where those conditions are not met, including short-term letting beyond the 90-night limit. Outside London in England, the position depends on whether the nature and intensity of the short-term letting amounts to a material change of use.
Yes. If a material change of use requiring planning permission has already taken place without the necessary permission, it may be possible to submit a retrospective planning application seeking permission for the use. In other circumstances, where an existing use has become lawful for planning purposes, a Lawful Development Certificate may be the appropriate route. The correct strategy depends on the planning history, nature and duration of the use and any enforcement action.
Yes. Planning World can review the existing and proposed use, planning history and relevant constraints, advise on the appropriate planning route and prepare the drawings and supporting documents required for the application. We can submit the application, liaise with the local planning authority and advise on any issues raised during the determination process.