Planning Classes - Change of Use

[SHARPYWAN]

Hi,
I have recently taken out a long term lease on a large commercial property. Existing planning permissions for the building of Class B1 and B2 (now incorporated in Class E) and also B8.
I am opening a soft play centre (my 3rd) this used to require D2 permission (now incorporated in Class E)

So no problem, no planning application required........wrong.

Council or now telling me i need to submit a full application....why?

They say that the previous use was B8 - this was a golf warehouse/online distribution center. they were only in the building for 18 months. No planning permission was needed to become B8 as it already existed.
Previous to this it was a company building motorhomes so operating under B1,B2.

So how can the council make me apply for permission back to class E from B8, if the building already had B1,B2 & B8 permissions and businesses have operated under these in recent years?
Class uses don't lapse over time surely?

Seems very contradictory to me.
Any help greatly appreciated
thanks

 

[Gyumri]

You have to ask about the council policy but probably more important is what do the Government regulations say about the use classes?

From previous recollection you could for example go from A2 office use to A1 retail without planning consent but you could not go from A1 to A2 because councils had to limit the number of estate agents in the High Street and were happy when users wanted to revert to A1 retail.

So look at the national use classes regulations and that will answer your query.

Remember also that if a property is not used for a certain period then it's planning use may revert to a prior use and you would then need consent to reverse it back.

The use classes regulations are designed to encourage certain occupiers and discourage others.

 

[Solvelaw]

I believe if the old use was conditional then it may not be swept up by the reform in use classes. This will need to be checked with the local authority and they should provide their reasoning.