Use Classes Order meaning

This Checklist This Checklist summarises the core elements of Scottish due diligence where a change of use may have triggered a breach of planning control. It describes how to confirm whether the current use is sanctioned by planning permission, permitted development rights, the Use Classes Order or a lawful use certificate, and if that permission extends to the entire premises. It also covers enforcement, breach of condition and stop notices, the statutory limitation periods and immunity from action under the Town and Country Planning (Scotland) Act 1997 (TCP(S)A 1997), and indicates what the due diligence should contain. This forms part of the wider planning guidance for Scotland; see: Planning for property lawyers in Scotland-collection. By virtue of TCP(S)A 1997, s 28, any material change in the use of buildings or other land requires planning permission. Furthermore, all conditions or limitations attached to any permission must be observed. A purchaser inherits liability for any breach already in existence. Accordingly, confirm that the use of the entire property is authorised and...

Small HMO as a separate use class A house in multiple occupation (HMO) describes a home lived in by three to six people who are not related, sharing essential amenities. For planning purposes, this sits in Use Class C4 under the Town and Country Planning (Use Classes) Order 1987, SI 1987/764 (the Use Classes Order). For further guidance, refer to Practice Notes: Operation of the Use Classes Order in England and Operation of the Use Classes Order in Wales...

This Practice Note addresses the regime for permitted development in England. For guidance specific to Wales, see the Practice Note: Permitted development in Wales. Legal basis of permitted development rights Under section 57 of the Town and Country Planning Act 1990 (TCPA 1990), planning permission is necessary for ‘the carrying out of any development of land’. TCPA 1990, s 55(1) defines ‘development’ as comprising, for these purposes: the undertaking of building, engineering, mining, or any other operations in, on, over, or beneath land (see Practice Note: Operational development), or the making of any material change in the use of any buildings or any other land (see Practice Note: Material change of use) Section 58(1)(a) TCPA 1990 states that planning permission may be conferred by means of a ‘development order’. For these purposes, the Town and Country Planning (General Permitted Development) Order 2015, SI 2015/596 (the GPDO) constitutes such a development order made under that power. It enables particular...

Change of use and development under the TCPA 1990 For the purposes of section 55 of the Town and Country Planning Act 1990 (TCPA 1990), any material alteration in the use of buildings or other land is treated as “development”. As development requires planning permission, it is therefore always necessary to assess whether a proposed change of use is material and so amounts to development. However, TCPA 1990, s 55(2)(f) states that no development occurs, and permission is not needed, where the existing and proposed uses both fall within the same class specified in an order made under that paragraph. For instance, switching from a post office to a hairdresser would not need planning permission, as each sits within class A1 (shops). That said, physical works to the premises to enable the new use may still call for planning permission. The Town and Country Planning (Use Classes) Order 1987, SI 1987/764 (the Use Classes Order), made pursuant to TCPA 1990, s 55(2)(f), categorises the uses of land and buildings...

1 Definitions [ Gaming Machine Permit • means the licensed premises gaming machine permit issued by the licensing authority pursuant to section 283 of the Gambling Act 2005 and the Licensed Premises Gaming Machine Permits (Scotland) Regulations 2007 SSI 2007/505; ] Licensing Board • means the licensing authority empowered to grant premises licences in terms of the L(S)A 2005; [ Local Authority • means the local authority empowered by the Roads (Scotland) Act 1984 to issue a Street Café Permit; ] L(S)A 2005 • means the Licensing (Scotland) Act 2005; Permitted Use • [ means use of the Premises as an hotel or aparthotel falling within Class 7 of the Schedule to the Town and Country Planning (Use Classes) (Scotland) Order 1997 SI 1997/3061, together with ancillary [ insert details of additional facilities eg reception, offices, shop, meeting or conference rooms, breakfast room, restaurant, bar, lounge, kitchen, gym, laundry room ] or other suitable facilities, and, ancillary to that, the sale of food...

Section 55 of the Town and Country Planning Act 1990 (TCPA 1990) Section 55 sets out what amounts to “development” for which planning permission is needed under TCPA 1990, s 57. Development comprises: carrying out building, engineering, mining or other operations in, on, over or under land; or making any material change in the use of any buildings or other land There is no statutory definition of “material change of use”, though its principles derive from case law—see Practice Note: Material change of use. Under s 55(3)(a), using any building that was a single dwellinghouse as two or more separate dwellinghouses amounts to a material change of use of the building and of each part so used. This is generally taken to cover residential sub-divisions, including conversion into flats, as illustrated by Ozyurekliler v Secretary of State for Communities and Local Government. For the Town and Country Planning (General Permitted Development) (England) Order 2015 (SI 2015/596), “dwellinghouse” is defined—except in...