Q&As

Do the provisions in the Town and Country Planning (Use Classes) (Amendment) (England) Regulations 2020 (the Regulations), SI 2020/757, reg 3(2)(b) extend to new Article 4 directions that were made during the 'material period', but which, due to mitigating the risk of compensation provisions, would fall to be confirmed outside of the material period? The Regulations, SI 2020/757, reg 3(2)(b) only appears to apply during the material period and does not extend to confirmation.

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Produced in partnership with Tracy Lovejoy LLB of Lanyon Bowdler LLP
Published on LexisPSL on 27/10/2020

The following Planning Q&A Produced in partnership with Tracy Lovejoy LLB of Lanyon Bowdler LLP provides comprehensive and up to date legal information covering:

  • Do the provisions in the Town and Country Planning (Use Classes) (Amendment) (England) Regulations 2020 (the Regulations), SI 2020/757, reg 3(2)(b) extend to new Article 4 directions that were made during the 'material period', but which, due to mitigating the risk of compensation provisions, would fall to be confirmed outside of the material period? The Regulations, SI 2020/757, reg 3(2)(b) only appears to apply during the material period and does not extend to confirmation.
  • What would happen to these article 4 directions if they have not been confirmed by 31 July 2020?

Section 57 of the Town and Country Planning Act 1990 (TCPA 1990) states that planning permission is required for 'development'—which is defined in TCPA 1990, s 55(1) as a material change of use or operational development. Planning permission can be granted in a number of ways, including an express planning permission or via national permitted development rights.

Specific use classes are set by the Town and Country Planning (Use Classes) Order 1987 (the Use Classes Order), SI 1987/764. TCPA 1990, s 55(2)(f) states that a change of use within a specific use class does not comprise 'development' and therefore no planning permission is needed, whether express or under permitted development rights. There are also permitted development rights for a changes of use from certain use classes to other use classes.

The purpose of the Town and Country Planning (Use Classes) (Amendment) (England) Regulations 2020 (the Regulations), SI 2020/757, which came into force on 1 September 2020, is to temporarily re-align the use classes until 31 July 2021 when the government has stated that it will create new permitted development rights. The Regulations, SI 2020/757 have amended the Use Classes Order, SI 1987/764 so that certain use classes have been combined into one use class. An example of this is the new 'Commercial, business and service' use class (Class E) which incorporates the previous shops (A1), financial

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