How to check planning permission for your premises

Bottom line: Before you sign a lease or commit any money to a property, you must contact the local council's planning department to get written confirmation of its official 'Use Class'. If the property doesn't have the correct classification for your type of business (for example, a bakery, café or shop), you will need to apply for planning permission for a 'Change of Use', a process that can be long and is not guaranteed to succeed.

What is a 'Use Class'?

Think of it like a category that defines what a commercial property is legally allowed to be used for. The system, known as the Town and Country Planning (Use Classes) Order, groups similar types of businesses together. This is done to ensure that, for example, a noisy factory can't suddenly open up in the middle of a quiet residential street. Getting this right is not just a formality; operating without the correct permission can lead to enforcement action from the council, which could shut your business down.

Understanding the Key 'Use Class': Class E

For most new high-street businesses like bakeries, cafés, restaurants, or shops, the most important category is Class E (Commercial, Business and Service). This is a broad and flexible class introduced in 2020 to help high streets adapt. It covers a wide range of uses, meaning a property with Class E permission can typically switch between these uses without needing a new planning application.

Class E includes:

• Shops (selling goods, other than hot food)
• Cafés and restaurants
• Financial and professional services (like an estate agent or solicitor)
• Indoor sport and recreation (like a gym)
• Medical or health services (like a doctor's surgery or clinic)
• Offices

This means if you find a former bookshop (Class E) and want to open a bakery (also Class E), you generally won't need to apply for a 'Change of Use'. However, you must still verify this with the council.

How to Check the Official Use Class

Don't just take the estate agent's word for it. You need to do your own due diligence by following these steps:

1. Identify the Local Council: Use the GOV.UK 'Find your local council' tool with the property's postcode.
2. Check the Online Planning Portal: Most councils have an online planning portal where you can search for the property's address. Look for previous planning applications, as these documents will often state the current or permitted Use Class.
3. Contact the Planning Department Directly: If you can't find the information online, call or email the council's planning department. This is the most reliable method. Ask them for the 'lawful' or 'established' Use Class for the specific address.
4. Get it in Writing: For your own protection, ask for the confirmation via email so you have a written record. If you need absolute certainty, you can consider applying for a 'Lawful Development Certificate', though this is a formal process with a fee.

What if the Property Has the Wrong Use Class?

If your dream location is perfect but doesn't have Class E permission (for instance, it might be a former warehouse or a residential property), you will need to submit a formal 'Change of Use' planning application to the council. This involves:

• Submitting detailed plans and supporting documents.
• Paying an application fee.
• A public consultation period where neighbours can comment.
• A waiting period of at least 8-12 weeks for a decision.

Success is not guaranteed. The council will consider factors like noise, opening hours, traffic, and the impact on the local area. It is highly recommended to make any offer on a property conditional on receiving planning permission, often stated as "subject to planning".

Other Planning Considerations

Even if the Use Class is correct, you may still need planning permission for other physical changes to the building, such as:

• Installing a new shop front.
• Putting up new signs or awnings.
• Fitting an external extraction or ventilation system (very common for bakeries and kitchens).
• Making significant structural alterations.

Top Tip: Never assume anything when it comes to planning. A quick phone call to the council's planning department at the very beginning can save you thousands of pounds and months of wasted time. Get clear, official advice before you commit to anything.