The Town and Country Planning (Use Classes) Order 1987 (“the 1987 Order”) was made by the Secretary of State under a predecessor provision to section 55(2)(f) of the Town and Country Planning Act 1990 (“the Act”). This enables the Secretary of State to specify, in an order, categories of uses – known as “Use Classes” – with the intention that a change of use within the same Use Class is not to be taken to involve the development of land for the purposes of the Act. Accordingly, no planning application is required.
(However, in addition to specifying Use Classes, the 1987 Order – in article 3(6) – identifies a number of uses that are to be treated as sui generis uses, so not falling within any Use Class, for its purpose. These include use as a theatre, as a launderette, for the sale or display for sale of motor vehicles, as a casino and as a nightclub.)
By way of example of a Use Class, until very recently, Class A2 in Part A of the Schedule to the 1987 Order – headed “Financial and professional services” – read as follows: “Use for the provision of (a) financial services, or (b) professional services (other than health or medical services) or (c) any other services (including use as a betting office) which it is appropriate to provide in a shopping area – where the services are provided principally to visiting members of the public”. This for instance, again until very recently, would have meant that planning permission was not required to convert a bank or building society into a betting office or a payday loan shop.
For some time, there has been political pressure on the government to limit the spread of both betting offices and payday loan shops because of their social and economic effects. The government has now given in to such pressure, to the extent of reclassifying each use as a sui generis use for the purposes of the 1987 Order. This has been achieved in England by means of the Town and Country Planning (Use Classes) (Amendment) (England) Order 2015 (“the 2015 Order”). It came into force on 15 April 2015, and amends Article 3(6) and Class A2 accordingly.
However, the 2015 Order also contains transitional provisions in relation to premises that on 15 April 2015 were in the process of converting to a betting office or a pay day loan shop. Such premises are treated as if they remained within Class A2 as described in the 1987 Order, with such provisions ceasing to have effect after three years.
Apparently, there are no present plans to consolidate the 1987 Order.
John Martin