Q&As

If the description of development on a planning permission refers to a particular use within Class E, does the permission permit all Class E uses?

read titleRead full title
Produced in partnership with Sarah Fitzpatrick of Norton Rose Fulbright
Published on LexisPSL on 19/04/2022

The following Planning Q&A produced in partnership with Sarah Fitzpatrick of Norton Rose Fulbright provides comprehensive and up to date legal information covering:

  • If the description of development on a planning permission refers to a particular use within Class E, does the permission permit all Class E uses?
  • Background
  • Restricting changes of purpose

If the description of development on a planning permission refers to a particular use within Class E, does the permission permit all Class E uses?

Background

data-ln-csis="274768" data-ln-lnis="4ST8-6170-TWPY-Y188-00000-00">Section 55(1) of the Town and Country Planning Act 1990 (TCPA 1990) defines what is 'development'. Only 'development' requires planning permission. It states:

'“development,” means the carrying out of building, engineering, mining or other operations in, on, over or under land, or the making of any material change in the use of any buildings or other land.'

According to TCPA 1990, s 55(2)(f), the following is not development:

‘The following operations or uses of land shall not be taken for the purposes of this Act to involve development of the land—

...

(f) in the case of buildings or other land which are used for a purpose of any class specified in an order made by the Secretary of State under this section, the use of the buildings or other land or, subject to the provisions of the order, of any part of the buildings or the other land, for any other purpose of the same class.’

The Town and Country Planning (Use Classes) (Amendment) (England) Regulations 2020, SI 2020/757 were made pursuant to TCPA 1990, s 55(2)(f). These Regulations amended the Town and Country Planning (Use Classes) Order 1987, SI 1987/764 and introduced a

Related documents:

Popular documents