The Town and Country Planning (Use Classes) (Amendment) (England) Regulations 2020

The Town and Country Planning (Use Classes) (Amendment) (England) Regulations 2020

The accompanying explanatory memorandum is here.

Summary

These Regulations amend the Town and Country Planning (Use Classes) Order 1987, revoking Parts A and D and creating new use classes in relation to England.

With effect from 1 September 2020 Classes A and D of the existing Use Classes Order are revoked and Class B1 is omitted with in place a new Schedule 2 being brought into effect, providing for new use classes as follows:

Class E Commercial, Business and Service – into which existing Classes shops (A1), financial and professional services (A2), restaurants and cafes (A3) and offices (B1) are to be subsumed along with uses for indoor sport, recreation or fitness, or for the provision of medical or health service or for a creche, day nursery or day centre, where principally to visiting members of the public (previously in use classes D1 non-residential institutions and D2 Assembly and leisure) which are suitable for a town centre area;

Class F1 Learning and Non-Residential Institutions – which incorporates those uses from the former D1 Non-residential institutions use class which are more likely to involve buildings which are regularly in wider public use such as schools, libraries and art galleries

Class F2 Local Community – into which some of the uses in existing D1 and D2 are to be subsumed, along with “a shop selling essential goods, including food, to visiting members of the public” in certain circumstances.  This includes those uses from the former D2 use class which provide for group activities of a more physical nature – swimming pools, skating rinks and areas for outdoor sports. It also includes the use of buildings where this is principally by the local community. The class recognises the importance of small, local shops in meeting the day to day shopping needs of local communities, particularly in rural communities, large residential estates and outside main shopping areas generally. Therefore, alongside community social facilities, the F2 class includes what would be considered shops servicing the essential needs of local communities.  

Note

Former A4 Drinking establishments and A5 Hot food takeaway use classes have been removed from the new use class.  Cinemas, concert, dance and bingo halls, which fell within the former D2 use class, have also had their use class removed. This will mean that changes to and from these uses will be subject to full local consideration through the planning application process.