Understanding Usage Classes under the New Order

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Understanding Usage Classes under the New Order

    A specific case which I will need to put to the Council. I am trying to find out if I now do not need to do a Planning App for Change of Use.

    But I would welcome any views first.

    I have a Gym in a former business / light industrial premises.

    Before we started, the usage Class was B1 Business / B8 Storage.
    We successfully applied for D2 Leisure usage, and are time limited so this expires in November 2020.

    Under the previous system that would have reverted to B1 / B8 unless I applied for a continuing D2 usage, or for the time limit Planning Condition to be remove / modified.

    But now both B1 and D2 are subclasses under the new Class E Commercial, Business and Services - so my premises is Class E.

    Does this mean that this is now Permitted Development as any potential change after expiry of the time limit being from one subclass to another within a single Usage Class?

    And what applications if any will I need to make?

    Thanks very much.

    ML
    Refer Mad Regulators to Arkell vs Pressdram.

    #2
    Early days. Worth checking with the council. I would think that since gym is under Class E(d) no consent would be needed, unless the previous use classes B1/B8 were subject to any conditions that the council could enforce.

    Watch out for the outcome of a legal challenge to the new Use Class regulations that has been mounted. In a ruling 2 September, the court has allowed Rights: Community: Action tp proceed with the action which will be heard on 1.5 days between 8 and 15 October 2020, where the court will deal with both the application for leave to proceed and with the substantive claim at the same time.

    Comment


      #3
      Thank-you for that.

      I have had an intriguing reply from the Council, which says that a new Application is needed because the previous use class was B1/B8. They say that if it was B1 that would mean that as B1 is now in E, no application would be needed. But because B8 has been kept out of Class E, therefore an application for Change of Use is needed.

      This is the text:

      "I agree with your interpretation of the new use class legislation, that a B1 use and that of a D2 use (for leisure purposes) are now both classed as use class E.

      On review of the application, it does however appear that the original use of the building was for B1 and B8 purposes, as stated in the application form and planning statement. The B8 use has not been re-classified as part of the use class reforms, and therefore a new application for the continued use of the premises as a Crossfit Gym for what is now use class E will be required."


      ISTM that that turns on how the uses B1 and B8 operate, and interdepend (or not).

      It seems a bit rough to require me to apply for a full PP when the only change is not to use a use that I have never wanted to use. Case Law precedents, here we come :-) ? Last time we had to do a full sequential, so I want to keep the worms in the can.

      I was expecting that the B8 use ('commercial storage') would simply fall away.

      Thanks for any further comment.

      ML
      Refer Mad Regulators to Arkell vs Pressdram.

      Comment


        #4
        The trouble with asking is that you might get the answer you don't want. Its not the advice an advisor would give you but I'd be inclined just to carry on and hope for the best and be prepared to appeal/ hold petitions./prevail on Councilors if served with an order to discontinue which is fairly unlikely

        Comment


          #5
          I gather councils (planning authorities) are not enamoured by the new Use Class order because of the loss of control. i would think they are looking for ways to avoid having to be accommodating.

          Premises having a planning use that you do not want is a separate issue to the planning use for the premises that the council allocates, regardless of the owner.

          Comment

          Latest Activity

          Collapse

          • Reply to Rent Concessions
            by comm1985
            Two are still paying in full and one is still paying in full but in increments, all 5 tenants have received grants but you're right each has been affected by C19 differently...
            26-09-2020, 10:57 AM
          • Rent Concessions
            by comm1985
            Having been inundated with requests for rent holidays/concessions/relief some which i believe to be genuine but others less so, i wanted to gauge feedback from other landlords on how they approached this and what if any concessions they offered?
            18-09-2020, 17:14 PM
          • Garage rental
            by MOONRIVER
            About 18 months ago I bought a flat which had a garage down the road with a load of other garages so very separate from the flat. I let the flat and then let the garage to another person. The person paid the rent on the garage for about 6 months but then in February just stopped paying. I have tried...
            25-09-2020, 16:04 PM
          • Reply to Garage rental
            by MOONRIVER
            She is still a tenant and I know she wouldn't do any such thing....
            25-09-2020, 19:44 PM
          • Reply to Garage rental
            by MOONRIVER
            I don't intend getting rid of the car. Just tow it onto the road a leave it there. I suppose that won't be easy if the hand brake is on and in gear. Oh dear I can see this getting expensive....
            25-09-2020, 19:36 PM
          • Reply to Garage rental
            by MOONRIVER
            the tenancy agreement says there are no garages or out houses included in tenancy. Surely this is enough...
            25-09-2020, 19:34 PM
          • Reply to Garage rental
            by doobrey
            I had a similar situation a couple of years ago with a parking space.



            I would not expect this to be the case. Do you have experience of this having happened? DVLA's position seems clear.

            https://assets.publishing.service.go...-registers.pdf


            ...
            25-09-2020, 19:22 PM
          • Reply to Garage rental
            by Section20z
            Strewth that was unlucky. Your tenants downloaded deeds from land registry ? Found out you also owned a garage some way down the road ? Decided they were going to claim the rights to it ?
            Hope they're not still tenants.. .....
            25-09-2020, 19:04 PM
          • Reply to Garage rental
            by Section20z
            Sometimes you get a clue to job or address if they've posted adverts etc. If there's a car in there (unlikely) you can get keepers address from DVLA but I'd be wary of towing it anywhere till you are sure who owns it (if it's valuable) .
            I had it happen with a Mercedes and an Alfa in one double...
            25-09-2020, 19:01 PM
          • Reply to Garage rental
            by theartfullodger
            How does tenancy state notice must be served? But serve under garage door TODAY with a witness.

            As garage not excluded from tenancy the flat tenants (who might be viewing....) will be entitled to garage. Next time, exclude it!

            What training have you done on landlord/tenant...
            25-09-2020, 18:22 PM
          Working...
          X