How to apply for 'change of use' planning permission

You must check if your chosen building has the correct 'Use Class' to legally operate as a café or restaurant. In England, this is typically Class E. If the property does not have the correct classification, you are legally required to apply for and be granted 'Change of Use' planning permission from your local council before you commit to a lease or start any fit-out work.

What are Planning Use Classes?

The planning system in the UK uses a classification system to categorise what different buildings can be used for. This is to ensure that, for example, a noisy factory doesn't open in the middle of a quiet residential street. For anyone starting a café, restaurant, or even a shop, the most important category to know is Class E (Commercial, Business and Service).

Introduced in 2020, Class E is a broad category that includes:

• Shops
• Cafés and restaurants
• Offices
• Financial and professional services
• Clinics and health centres
• Indoor sport and recreation

The good news is that you generally do not need planning permission to change between uses within the same class. For example, moving from a shop (Class E) to a café (also Class E) is usually straightforward. However, if the property was previously something outside of Class E, like a pub or a hot food takeaway (which have their own unique classifications), you will almost certainly need to apply for a change of use.

How to Check a Property's Use Class

Before you get your heart set on a location, you need to confirm its current, official use class. You can do this by:

1. Asking the landlord or estate agent: They should know the property's current planning status.
2. Checking the lease documents: The permitted use will often be specified in the lease agreement.
3. Contacting the local council: The duty planning officer at your local council's planning department can tell you the property's planning history. This is the most reliable method.

The Application Process Step-by-Step

If you've confirmed that a 'Change of Use' application is necessary, here is the path you'll need to follow.

1. Get Pre-Application Advice

Most councils offer a 'pre-application advice' service. While there is a fee for this, it is highly recommended. You can discuss your plans with a planning officer who will give you an informal opinion on whether your proposal is likely to be accepted and highlight any potential issues you need to address in your formal application.

2. Prepare and Submit Your Application

Your formal application must be detailed and professional. It is usually submitted online via the UK Government's Planning Portal. You will typically need to provide:

• The completed application form.
• A location plan showing the property in its context.
• Site and floor plans, showing the building as it is now and how you propose it will be.
• A supporting 'Planning Statement' that explains your proposal, why you believe it should be approved, and how it complies with local planning policies. This is your chance to argue your case.
• The correct application fee.

3. The Decision Period

Once submitted and validated, the council will begin a consultation period where neighbours and local community groups can comment on your plans. A planning officer will assess your application against local planning policies, considering factors like noise, operating hours, smells, and traffic. For a straightforward application, the council aims to make a decision within 8 weeks.

Important: Do not start any building work or begin operating your business until you have received written confirmation that your planning application has been approved. Starting work without permission can lead to enforcement action from the council, which could be very costly and jeopardise your entire business.

Tips for a Successful Application

• Be thorough: Ensure your plans are clear, accurate, and professional. Missing information is a common reason for delays.
• Address the negatives: Think about potential concerns. How will you manage cooking smells? What are your proposed opening hours? How will you handle waste? Address these points proactively in your Planning Statement.
• Highlight the positives: Emphasise the benefits your business will bring, such as creating new jobs or bringing a vacant unit back to life.
• Consider professional help: For complex or contentious applications, hiring a planning consultant can be a worthwhile investment. They understand the system and can significantly increase your chances of success.