There is often confusion surrounding the concept of a material change of use. Whether you’re looking to expand your property portfolio, convert a building for a new purpose, or simply want to understand the planning system better, understanding when a change in use triggers the need for planning permission is crucial.
In this article, we will delve into what constitutes a material change of use, explain how some changes can occur without triggering a formal planning application, and provide examples to illustrate the nuances of this important aspect of planning law.
What is a Material Change of Use?
A material change of use refers to a change in the way a property or land is used that is significant enough to affect the surrounding environment, public amenities, or the character of the area. The Town and Country Planning Act 1990 defines a material change of use as any change in the use of a building or land that may affect local amenities, including parking, noise levels, and traffic.
However, the term “material” does not always equate to a complete or obvious transformation. In fact, some changes in use, such as a shift to a different use class, may not qualify as a material change of use at all, meaning it’s not development and therefore no planning permission is required. This can be a subtle distinction that often leaves property owners, developers and even town planners uncertain about when planning permission is truly necessary.
Use Classes and Their Importance
The classification of property use is central to understanding material changes. Properties are generally categorised into different use classes under the Use Classes Order. Our Practical Guide to Use Classes in England explains more about use classes.
Importantly, the change from one use class to another may or may not require planning permission depending on whether the change constitutes a material impact on the surrounding environment.
Does Changing Use Class Always Mean a Material Change?
Not necessarily! A change in use class may not trigger a material change of use if the impact on the surrounding area remains minimal. Let’s break this down with some examples to clarify:
- Changing the Occupation of an HMO: C4 (6 occupants) to Sui Generis (7 or more occupants)
One of the most common questions we encounter revolves around Houses in Multiple Occupation (HMOs). Suppose you are converting a property into an HMO and the use class of that property is C4, which allows for up to six occupants. Now, you wish to increase the number of tenants to seven, which shifts the use class to Sui Generis (i.e., a larger HMO).
While this is a change in use class (from C4 to Sui Generis), it does not always qualify as a material change of use. In many cases, increasing the number of occupants might not result in a material change of use if the building already has sufficient facilities to support the increase. This could include things like kitchen space, bathrooms, and parking facilities. If the impact on the local area (in terms of parking, noise, and the like) is deemed not to change significantly, you may not need full planning permission for this change.
However, if increasing the number of tenants would have a noticeable impact—for example, increased pressure on local parking, a noticeable increase in comings and goings or a shift in the character of the neighbourhood—then it could be considered a material change of use. This would require planning permission.
- Changing from a C3 Dwelling to a C2 Children’s Home
Another example is the change of a residential dwelling (Use Class C3) to a C2 children’s home. Use Class C2 covers institutions like care homes, children’s homes, hospitals, and residential schools.
At first glance, this may seem like a dramatic shift in use, but in certain circumstances, it may not constitute a material change of use. For instance, if the number of occupants or the intensity of the use remains broadly the same, there may be no need for planning permission. There are lots of appeal cases to support the fact that in some instances there is no material change of use.
For example, if you are converting a house into a children’s home but the total number of children residing there is not significantly greater than the number of people who might occupy the home under a family scenario, there may be no material change of use. This depends on factors such as the scale of operations, staffing requirements, shift rotas, and the level of care provided.
In other cases, the local planning authority may see the level and nature of care as a distinct activity that changes the character of the dwelling or its effect on the local area (e.g., noise, coming and goings or traffic implications), and thus they may require planning permission to ensure that the change complies with local policies.
Key Factors That Determine Whether a Material Change of Use Has Occurred
Several factors influence whether a change in use qualifies as a material change of use. These include:
– Scale and Intensity of Use: Even if the use class changes, the extent of the impact on the local area may not be significant enough to warrant planning permission. For example, moving from a small family home to a children’s home might not necessarily have a profound impact if the number of occupants and activities are within similar bounds as a typical family home.
– Impact on the Area: If the new use would lead to increased noise, traffic, or a visible change in the character of the area, it’s more likely that a material change of use will be considered to have occurred.
– Building Alterations: In many cases, changes in use can coincide with alterations to the building. This could include modifications like the addition of extra facilities, which might trigger the need for planning permission.
When Is Planning Permission Required?
To determine whether planning permission is required, it’s essential to understand the broader impact of your proposed change. While changing between certain use classes may not always constitute a material change of use, significant alterations, intensification of use, or any notable impact on the local environment might trigger the need for planning approval.
If in doubt, it’s always worth consulting with a professional town planning consultant who can assess your project in detail. Planning authorities can have different interpretations of the same changes which isn’t helpful, so professional guidance can assist in progressing your development without unexpected delays or issues.
Understanding the concept of a material change of use is crucial for anyone involved in property development or investment. While changes in use class do not automatically mean a material change of use has occurred, you must consider the broader implications of your proposal. A seemingly small change, such as increasing the number of tenants in an HMO or changing from a family dwelling to a children’s home, may or may not trigger the need for planning permission depending on the circumstances.
If you’re unsure whether your proposed development will require planning permission, we recommend seeking professional advice. At Planning House, we offer expert consultancy services to ensure your project complies with planning law, helping you avoid unnecessary delays or complications.
Related Content
More information for you is available in our series of eBooks and Practical Guides which cover everything from the very basics of town planning to application processes and what developers need to consider.
If you’re not sure if you need help from a Town Planner take a look at our article When to Hire a Town Planner or download our Guide on How to Choose a Town Planner. Feel free to contact us today for more guidance on how to navigate planning and development matters with confidence.
