How to verify or apply for planning permission

Before you commit to a lease or purchase a property for your business, you must check with your local council that it has the correct planning 'Use Class' for what you intend to do. Operating a business from a premises without the right permission is a breach of planning law and could lead to enforcement action, potentially forcing you to cease trading from that location. This check is a critical step that protects your investment and ensures your business starts on a solid legal footing.

What are Planning Use Classes?

In simple terms, the 'Use Class' system is a way of categorising what a commercial property can be used for. The goal is to ensure that a noisy workshop doesn't open in the middle of a quiet residential street, or that a town centre has a good mix of shops and services. Your business activity must match the building's designated Use Class.

Since 2020, many common high-street uses have been grouped into a broad 'Commercial, Business and Service' class, known as Class E. This makes it much easier to change between uses within that class without needing planning permission. However, many business types fall outside of this, so you must always check.

Use ClassExamples of Business TypesClass EShops, offices, restaurants, cafes, professional services (like an estate agent), clinics, indoor sports centres, crèches.Class F.2Community halls, areas for outdoor sport, small local shops (under 280 sq m) with no other similar shop nearby.Sui Generis (Latin for 'of its own kind')Pubs, wine bars, hot food takeaways, cinemas, live music venues, taxi businesses. These uses are considered unique and always require a specific planning application to change to or from.

How to Find Out the Use Class of a Property

The best way to find the official Use Class is to investigate the property's planning history. Here’s how:

1. Find the Local Council: Use the GOV.UK council finder to identify the correct local planning authority for your property's address.
2. Visit the Council's Website: Navigate to the 'Planning' section of the council's website. Look for a link to 'Search Planning Applications' or the 'Planning Register'.
3. Search the Register: Enter the property's postcode or address. This will bring up a history of all planning applications made for that site. Look for the most recent application that granted permission for the building's current use. The decision notice document should state the permitted Use Class.
4. Contact the Planning Department: If you can't find the information online, or if it's unclear, contact the council's planning department directly. Most have a 'duty planner' service available for informal enquiries. It is always best to get their response in an email so you have a written record.

What if the Use Class is Wrong?

If the property does not have the correct Use Class for your business, you must apply for planning permission for a 'Change of Use'. This is a formal application process that can take several months and has no guarantee of success.

You will need to submit an application form, detailed plans of the property, and a fee to the council. The council will assess your proposal based on its local planning policies, considering factors like:

• Potential for noise and disturbance to neighbours.
• Parking and traffic implications.
• Your proposed opening hours.
• The impact on the character of the area.

Top Tip: Never sign a lease or purchase a property until you have confirmed the planning situation. Make any rental agreement 'subject to planning', meaning the contract is only binding if you successfully get the permission you need.

A Note on Permitted Development

In some specific cases, you might be able to change a building's use without a full planning application under 'Permitted Development Rights'. For example, changing a restaurant (Class E) to an office (also Class E) does not require permission. However, the rules are complex, vary between locations, and do not apply in areas like Conservation Areas or National Parks. Always check the specifics with the council before assuming you have permitted development rights.