Outline Webinar: Changes of Use

In this session Trevor Ivory (Partner) and Amy Truman (Legal Director) discuss changes of use, considering practical issues that arise. They discussed:

• How s55 Town and Country Planning Act 1990 only defines “material” changes of use as development requiring planning permission.
• The Use Classes Order 1987, how this defines “use classes”, and how change to another use within the use class will not be a “material change of use”.
• The factors to consider when assessing if there is a material change of use. Referring to the Epping Forest case they discussed:
  • The character of use eg the occupants did not get a choice of room, had to share, had limits on whether they could leave and there were security changes, but also there was continuation of cleaning, food service, provision of sleeping accommodation etc.
  • The need to use planning judgment to assess whether changes in the character of the use amount to a “material” change of use when viewed in the round.
• Whether intensification could be considered a material change of use, highlighting case law which confirmed intensification (and its impacts) must change the character of the use enough to amount to a material change of use.
• When a change of use occurs, highlighting that actual use may not be not required.
• When changing use under permitted development rights, how complete physical works must be and whether actual use needs to have commenced by any prior approval deadline to ensure the change of use has crystalised.
• Mixed uses and flexible uses and the distinction between them. Permitted Development Rights for flexible uses were considered.
• The difference between mixed uses and ancillary uses, and whether ancillary uses are “subordinate in scale and purpose”, “reasonably necessary” for, or “ordinarily incidental” to the main use.  Also when an ancillary use may become a use in its own right.
• The benefits of lawful development certificates to clarify the use position.

 

Cases discussed

1. Epping Forest DC v Somani Hotels Ltd Epping Forest District Council v Somani Hotels Ltd [2025] EWHC 2937 (KB) (11 November 2025) (High Court) and Somani Hotels Ltd v Epping Forest District Council and Anor Somani Hotels Ltd v Epping Forest District & Anor [2025] EWCA Civ 1134 (01 September 2025) (Court of Appeal).

2. Rann v Secretary of State for the Environment (1980) 40 P. & C.R. 113, [1979] 11 WLUK 161.

3. East Barnet Urban DC v British Transport Commission [1962] 2QB 484.

4. Lilo Blum v Secretary of State for the Environment [1987] J.P.L. 278; [1987] 1 WLUK 725 (QBD).

5. R (Manning) v South Lakeland District Council [2005] EWHC 242 Admin.

6. Hertfordshire County Council v Secretary of State for Communities and Local Government and Anor Hertfordshire County Council v Secretary of State for Communities and Local Government & Anor [2012] EWCA Civ 1473 (15 November 2012).

7. Impey v Secretary of State for the Environment, Lake District Special Planning Board, v Secretary of State for the Environment [1980] 11 WLUK 213.

8. Welwyn Hatfield Council v Secretary of State for Communities and Local Government Secretary of State for Communities and Local Government and another v Welwyn Hatfield Borough Council [2011] UKSC 15 (6 April 2011).

9. Jones v Isle of Anglesey County Council and Land and Lakes (Anglesey) Limited Jones v Isle of Anglesey County Council [2024] EWHC 2582 (Admin) (11 October 2024).

10. Appeal Decision – the Bronze Works, London SE26 5AY – decision date 14 April 2020 – Reference: APP/G5180/X/18/3200876.

11. Harrods Ltd v Secretary of State for the Environment Transport and the Regions [2001] EWHC Admin 6000 (High Court) and Harrods Limited v Secretary of State for the Environment Transport and the Regions and Royal Borough of Kensington and Chelsea (CoA) Harrods Ltd v Secretary of State for the Environment & Anor [2002] EWCA Civ 412 (07 March 2002).

12. Burdle v Secretary of State for the Environment [1972] 1 WLR 1207.

13. Cameron v Scottish Ministers Michael Gerard Cameron against the Scottish Ministers [2020] ScotCS CSIH_6 (30 January 2020).