The Use Classes Order of the 1990 Act (with amendments) provides that land or buildings which are used for a purpose within one of the use classes falling within the same class does not require planning permission.  However, there are exceptions, namely, the intensification of a different subsidiary use supplanting the original lawful use, which would amount to a material change of use.  The Use Classes Order encompasses 16 different uses, which enable, for example, a restaurant or café to be changed to a shop; or a general industrial building to one for business use without a planning permission being required.

When the change of use falls outside the Order, a planning application is required for a ‘Change of Use’.  However, whilst a change of use may fall within the Order, should the change require physical alterations to the building and land, it is likely to require planning permission for what is termed ‘operational development’.  The same applies where a change falls outside the Order.

An application for such certificates is employed where a new or change of use has existed continuously for four or more years in the use of the property as a dwelling house; or ten or more years for other uses.  The onus of proof with these certificates is upon the person making the application.  Consequently, the case for the application needs to be robust and well supported by third party documentary evidence, e.g. postal deliveries, utility services and rates bills, etc.  However, these applications are determined on the ‘balance of probability’.  We commonly make, and have a high success rate with such applications.  Frequently we make applications on behalf of clients for the use of dwelling houses for the use of six persons living as a single household, or for children’s homes and care leavers’ homes.