Understanding Planning Legislation: 'The Use Classes Order'

With reference to Article 11 of the 1991 Order , development includes the making of any material change in the use of any buildings or other land. Normally, planning permission is required for material changes of use. However, certain uses of land and buildings are so similar, in terms of the visual, environmental and other impacts, that if planning permission was required to change between them it would be considered as overly burdensome and serving no-one’s interest.

The UCO addresses this by placing a number of the most common land uses into 11 groups (classes) and stipulating that a change in use between activities within the same group is not ‘development’ and therefore planning permission is not required. For example, planning permission is not required to change the use of a building from a guest house to a hostel (both are in Use Class 12).  

That said, it is considered that some changes in the use of land and buildings, due to visual, environmental and other impacts, must always require planning permission. The UCO therefore stipulates that specific uses are not included in any class in the schedule to the order (these are sometimes referred to as ‘sui generis’ uses – a Latin expression meaning literally of its own kind or unique in its characteristics. This does not mean that such uses will always be regarded as environmentally undesirable and liable to be refused permission, but that consideration by the Planning Service through the planning application process is justified. Some examples of sui generis uses are an amusement arcade or centre, or funfair, a betting office, use for the purposes of a funeral undertaker, use as a house in multiple occupation. Article 4 of the UCO provides a comprehensive list.