Citation and commencement

1. This Order may be cited as the Town and Country Planning (Use Classes) Order 1987 and shall come into force on 1st June 1987.

Interpretation

2. In this Order, unless the context otherwise requires:—

“care” means personal care for people in need of such care by reason of old age, disablement, past or present dependence on alcohol or drugs or past or present mental disorder, and in class C2 also includes the personal care of children and medical care and treatment;

“day centre” means premises which are visited during the day for social or recreational purposes or for the purposes of rehabilitation or occupational training, at which care is also provided;

...

“industrial process” means a process for or incidental to any of the following purposes:—

in the course of any trade or business other than agriculture, and other than a use carried out in or adjacent to a mine or quarry;

...

“site” means the whole area of land within a single unit of occupation.

Use Classes

3.—(1) Subject to the provisions of this Order, where a building or other landis situated in Wales and is used for a purpose of any class specified in Schedule 1 , the use of that building or that other land for any other purpose of the same class is not to be taken to involve development of the land.

(1A)Subject to the provisions of this Order, where a building or other land is situated in England and is used for a purpose of any class specified in—

(a)Part B or C of Schedule 1, or

(b)Schedule 2,

the use of that building or that other land, or if specified, the use of part of that building or the other land (“part use”), for any other purpose of the same class is not to be taken to involve development of the land.

(1B)Part B of Schedule 1 applies to a building or other land that is situated in England subject to the modifications set out in paragraph (1C).

(1C)Part B of Schedule 1 applies to a building or other land that is situated in England as if—

(a)Class B1 (Business) were omitted, and

(b)for Class B2 (General industrial) there were substituted—

“Class B2. General industrial

Use for the carrying on of an industrial process other than one falling within the uses described in Schedule 2, Class E, sub-paragraph (g).”

(2) References in paragraph (1) and (1A) to a building include references to land occupied with the building and used for the same purposes.

(3) A use which is included in and ordinarily incidental to any use in a class specified in Schedule 1 or 2 is not excluded from the use to which it is incidental merely because it is specified in Schedule 1 or 2 as a separate use.

(4)Where land on a single site or on adjacent sites used as parts of a single undertaking is used for purposes consisting of or including purposes falling within—

(a)in relation to Wales, Classes B1 and B2 in Schedule 1, or

(b)in relation to England, the use described in Schedule 2, Class E, sub-paragraph (g) and Class B2 in Schedule 1 as modified by paragraph (1C)(b),

those classes may be treated as a single class in considering the use of that land for the purposes of this Order, so long as the area used for a purpose falling within Class B2, or Class B2 as modified, is not substantially increased as a result.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) No class specified in Schedule 1 or 2 includes use —

(a)as a theatre,

(b)as an amusement arcade or centre, or a funfair,

(c)as a launderette,

(d)for the sale of fuel for motor vehicles,

(e)for the sale or display for sale of motor vehicles,

(f)for a taxi business or business for the hire of motor vehicles,

(g)as a scrapyard, or a yard for the storage or distribution of minerals or the breaking of motor vehicles,

(h)for any work registrable under the Alkali, etc. Works Regulation Act 1906,

(i)as a hostel,

(j)as a waste disposal installation for the incineration, chemical treatment (as defined in Annex I to Directive 2008/98/EC under heading D9) or landfill of hazardous waste as defined (in relation to England) in regulation 6 of the Hazardous Waste (England and Wales) Regulations 2005 or (in relation to Wales) in regulation 6 of the Hazardous Waste (Wales) Regulations 2005,

(k)as a betting office.

(k)as a retail warehouse club being a retail club where goods are sold, or displayed for sale, only to persons who are members of that club;

(l)as a night-club,

(m)as a casino,

(n)as a betting office,

(o)as a pay day loan shop.

(p)as a public house, wine bar, or drinking establishment,

(q)as a drinking establishment with expanded food provision,

(r)as a hot food takeaway for the sale of hot food where consumption of that food is mostly undertaken off the premises,

(s)as a venue for live music performance,

(t)a cinema,

(u)a concert hall,

(v)a bingo hall,

(x)a dance hall.

(6A)For the purpose of paragraph (6)—

“high-cost short-term credit” has the meaning given in the edition of the Financial Conduct Authority’s Handbook which came into effect on 1st April 2014 (following an amendment by the Authority in the Consumer Credit (Consequential and Supplementary Amendments) Instrument 2014); and

“pay day loan shop” means premises—

(7)Where a building or other land is situated in Wales, class B8 (storage or distribution) does not include use of that building or land for the storage of, or as a distribution centre for, radioactive material or radioactive waste.

(8)For the purpose of paragraph (7), “radioactive material” and “radioactive waste” have the same meaning as in the Environmental Permitting (England and Wales) Regulations 2016.

Change of use of part of building or land

4. In the case of a building used for a purpose within class C3 (dwellinghouses) in Schedule 1 , the use as a separate dwellinghouse of any part of the building or of any land occupied with and used for the same purposes as the building is not, by virtue of this Order, to be taken as not amounting to development.

Revocation

5.The Town and Country Planning (Use Classes) Order 1972(2)(a) and the Town and Country Planning (Use Classes) (Amendment) Order 1983(3)(b) are hereby revoked.

SCHEDULE 1

PART A

Class A1. Shops

Use for all or any of the following purposes—

(a)for the retail sale of goods other than hot food,

(b)as a post office,

(c)for the sale of tickets or as a travel agency,

(d)for the sale of sandwiches or other cold food for consumption off the premises,

(e)for hairdressing,

(f)for the direction of funerals,

(g)for the display of goods for sale,

(h)for the hiring out of domestic or personal goods or articles,

(i) for the washing or cleaning of clothes or fabrics on the premises,

(j)for the reception of goods to be washed, cleaned or repaired,

where the sale, display or service is to visiting members of the public.

Class A2. Financial and professional services

Use for the provision of —

(a)financial services, or

(b)professional services (other than health or medical services), or

(c)any other services ... which it is appropriate to provide in a shopping area,

where the services are provided principally to visiting members of the public.

Class A3. Food and drink

Use for the sale of food or drink for consumption on the premises or of hot food for consumption off the premises.

PART B

Class B1. Business

Use for all or any of the following purposes—

(a)as an office other than a use within class A2 (financial and professional services),

(b)for research and development of products or processes, or

(c)for any industrial process,

being a use which can be carried out in any residential area without detriment to the amenity of that area by reason of noise, vibration, smell, fumes, smoke, soot, ash, dust or grit.

Class B2. General industrial

Use for the carrying on of an industrial process other than one falling within class B1 above ....

Class B3. Special Industrial Group A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Class B4. Special Industrial Group B

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Class B5. Special Industrial Group C

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Class B6. Special Industrial Group D

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Class B7. Special Industrial Group E

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Class B8. Storage or distribution

Use for storage or as a distribution centre.

PART C

Class C1. Hotels

Use as a hotel or as a boarding or guest house where, in each case, no significant element of care is provided.

Class C2. Residential institutions

Use for the provision of residential accommodation and care to people in need of care (other than a use within Class C3. Dwellinghouses, used as sole or main residences ).

Use as a hospital or nursing home.

Use as a residential school, college or training centre.

C2A. Secure residential institutions

Use for the provision of secure residential accommodation, including use as a prison, young offenders institution, detention centre, secure training centre, custody centre, short-term holding centre, secure hospital, secure local authority accommodation or use as military barracks.

Class C3. Dwellinghouses, used as sole or main residences

Use as a dwellinghouse , as a sole or main residence and occupied for more than 183 days in a calendar year by—

(a)a single person or by people to be regarded as forming a single household;

(b)not more than six residents living together as a single household where care is provided for residents; or

(c)not more than six residents living together as a single household where no care is provided to residents (other than a use within Class C4).

Interpretation of Class C3

For the purposes of Class C3... “single household” is to be construed in accordance with section 258 of the Housing Act 2004.In the calculation of the 183 days, any time spent by single households in accommodation provided in connection with a person’s occupation, such as oil rigs or barracks, contributes to the 183 days.

Class C4. Houses in multiple occupation

Use of a dwellinghouse by not more than six residents as a “house in multiple occupation”.

Interpretation of Class C4

For the purposes of Class C4 a “house in multiple occupation” does not include a converted block of flats to which section 257 of the Housing Act 2004 applies but otherwise has the same meaning as in section 254 of the Housing Act 2004.

Class C5. Dwellinghouses, used otherwise than as sole or main residences

Use as a dwellinghouse, otherwise than as a sole or main residence and occupied for 183 days or fewer by—

(a)a single person or by people to be regarded as forming a single household,

(b)not more than six residents living together as a single household where care is provided for residents, or

(c)not more than six residents living together as a single household where no care is provided to residents (other than a use within class C4).

Interpretation of Class C5

For the purposes of Class C5 “single household” is to be construed in accordance with section 258 of the Housing Act 2004.

Class C6. Short-term lets

Use of a dwellinghouse for commercial short-term letting not longer than 31 days for each period of occupation.

PART D

Class D1. Non-residential institutions

Any use not including a residential use —

(a)for the provision of any medical or health services except the use of premises attached to the residence of the consultant or practioner,

(b)as a crêche, day nursery or day centre,

(c)for the provision of education,

(d)for the display of works of art (otherwise than for sale or hire),

(e)as a museum,

(f)as a public library or public reading room,

(g)as a public hall or exhibition hall,

(h)for, or in connection with, public worship or religious instruction.

(i) as a law court.

Class D2. Assembly and leisure

Use as —

(a)a cinema,

(b)a concert hall,

(c)a bingo hall or casino,

(d)a dance hall,

(e)a swimming bath, skating rink, gymnasium or area for other indoor or outdoor sports or recreations, not involving motorised vehicles or firearms.

Article 3

SCHEDULE 2

PART ACommercial, Business and Service

Class E. Commercial, Business and Service

Use, or part use, for all or any of the following purposes—

(a)for the display or retail sale of goods, other than hot food, principally to visiting members of the public,

(b)for the sale of food and drink principally to visiting members of the public where consumption of that food and drink is mostly undertaken on the premises,

(c)for the provision of the following kinds of services principally to visiting members of the public—

(i)financial services,

(ii)professional services (other than health or medical services), or

(iii)any other services which it is appropriate to provide in a commercial, business or service locality,

(d)for indoor sport, recreation or fitness, not involving motorised vehicles or firearms or use as a swimming pool or skating rink, principally to visiting members of the public,

(e)for the provision of medical or health services, principally to visiting members of the public, except the use of premises attached to the residence of the consultant or practitioner,

(f)for a creche, day nursery or day centre, not including a residential use, principally to visiting members of the public,

(g)for—

(i)an office to carry out any operational or administrative functions,

(ii)the research and development of products or processes, or

(iii)any industrial process,

being a use, which can be carried out in any residential area without detriment to the amenity of that area by reason of noise, vibration, smell, fumes, smoke, soot, ash, dust or grit.

PART BLocal Community and Learning

Class F.1 Learning and non-residential institutions

Any use not including residential use—

(a)for the provision of education,

(b)for the display of works of art (otherwise than for sale or hire),

(c)as a museum,

(d)as a public library or public reading room,

(e)as a public hall or exhibition hall,

(f)for, or in connection with, public worship or religious instruction,

(g)as a law court.

Class F.2 Local community

Use as—

(a)a shop mostly selling essential goods, including food, to visiting members of the public in circumstances where—

(i)the shop's premises cover an area not more than 280 square metres, and

(ii)there is no other such facility within 1000 metre radius of the shop's location,

(b)a hall or meeting place for the principal use of the local community,

(c)an area or place for outdoor sport or recreation, not involving motorised vehicles or firearms,

(d)an indoor or outdoor swimming pool or skating rink.