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Change of use

A change in the use of land or buildings may arise by a simple alteration in the nature of the use, or through alterations and additions which modify the use. A change of use may also arise through a material intensification in the present use, or by subtly altering the present use to a point where the changes amount to development.

There are certain types of change of use, which do not require planning permission. For example, a change of use from one type of shop to another does not (normally) require planning permission.

Certain changes are permissible between and within the use classes without the need for planning permission, subject to satisfying the appropriate criteria. Other uses are considered Sui Generis ; that is, they are uses on their own unrelated to other uses. A change of use from say a field to a caravan park would require planning permission, so too a domestic garage to a business workshop, or house to a hotel etc.

Change of use of shop into bedsits- Broadbridge Heath

Some changes of use can be very subtle and the point at which change of use occurs can be open to interpretation - ultimately by the Courts. A good example is where a householder purchases some adjoining land from a farmer. If this land becomes incorporated within the curtilage of the house i.e. effectively part of the garden, then a change of use has occurred and planning permission will be required. (Most Local Authorities would not grant this by the way!). But what if the land is kept separate and not used as part of the garden? In that case there would be no problem, it is still agricultural land. Now think about exactly what point might constitute a change - sitting in it, children kicking a ball about in it, planting a tree in it, mowing it?

Any change of use must be of a material nature in order to require consent. Defining what is and what is not a material change is often difficult and open to interpretation. Inevitably the courts have provided guidance over the years in deciding cases but given the diversity of potential uses the issue remains open to debate. Setting up a workbench in your domestic garage for private activities, hobbies, DIY etc is not a material change of use. However, if that workbench is used for commercial purposes - unrelated to the domestic use of the house - it is likely to be treated as a change of use for which planning permission would be required. Additional or supplementary uses may also create a situation where planning permission is required. A builders yard used for the storage only of building materials, which then becomes used for the parking of vehicles may require planning permission, depending upon the circumstances of the case.

Finally, a change of use may often need no physical changes to buildings or land and yet may have enormous effects on their market value. It therefore needs to be considered very carefully.