Q&As

The Town and Country Planning (Use Classes) (Amendment) (England) Regulations 2020, SI 2020/757 significantly overhaul the Town and Country Planning (Use Classes) Order 1987 in England. How will those changes impact (a) existing leases and (b) the drafting of leases entered into after 1 September 2020?

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Produced in partnership with Paul Cole of Clyde & Co
Published on LexisPSL on 19/08/2020

The following Property Q&A produced in partnership with Paul Cole of Clyde & Co provides comprehensive and up to date legal information covering:

  • The Town and Country Planning (Use Classes) (Amendment) (England) Regulations 2020, SI 2020/757 significantly overhaul the Town and Country Planning (Use Classes) Order 1987 in England. How will those changes impact (a) existing leases and (b) the drafting of leases entered into after 1 September 2020?
  • Existing lease
  • Drafting of leases entered into after 1 September 2020

The Town and Country Planning (Use Classes) (Amendment) (England) Regulations 2020, SI 2020/757 significantly overhaul the Town and Country Planning (Use Classes) Order 1987 in England. How will those changes impact (a) existing leases and (b) the drafting of leases entered into after 1 September 2020?

Existing lease

The current use permitted by most existing leases is unlikely to be affected by the legislative changes, because the majority of existing leases will typically to be drafted so that the ‘Permitted Use’ is pursuant to one of the previous Use Classes Orders or the Use Classes Order as ‘at the date of the lease’ (or similar wording). Where this is the case, the permitted use will remain unchanged by the Town and Country Planning (Use Classes) (Amendment) (England) Regulations 2020 (the 2020 Regulations), SI 2020/757, and any proposed changes of use will be subject to landlord’s consent (in accordance with the terms of the lease).

If, however, the ‘Permitted Use’ is defined as the Use Classes Order ‘from time to time’ or ‘as amended’ (or similar wording) then the use classes as introduced by the 2020 Regulations, SI 2020/757 will apply. In this situation:

  1. landlords should be alive to the fact the permitted user may now be wider than initially envisaged when the lease was granted, and permit the tenant to use the premises for uses which the landlord

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