Planning And Ten Year Rule

[jonathan0]

I'm a bit confused about "material change of use" versus "change of use".

I understand the use classes from the The Town and Country Planning (Use Classes) Order 1987, but am unsure when a change of use becomes a material change of use.

1. Say I have a planning unit that is A4 but I use part of it as a car park or junk yard or other non-A4 use. Does that automatically become its new change of use or does it remain A4 until someone notices?

2. Say I've been using it as a junk yard and not ancillary to my A4 use for more than 10 years, does that make a difference?

3. If I want to restore it to A4 use, has that original A4 use of the land been abandoned so that to resume its original use would be a "material change of use"’ requiring planning permission?

4. The regulations mention the land use impact on others is a factor. Does this matter if I'm still able to claim the use class hasn't changed? i.e. if there is no change of use between use classes, can there still be a "material change of use" if the effect on others is significantly great?

[Zacs-Master]

Does that automatically become its new change of use or does it remain A4 until someone notices? No. A change of use has to be applied for.

Say I've been using it as a junk yard and not ancillary to my A4 use for more than 10 years, does that make a difference? No.

Does this matter if I'm still able to claim the use class hasn't changed? But you've already admitted that you have changed the use in your statements 'using it as a junk yard and not ancillary to my A4' and 'If I want to restore it to A4 use'

[jonathan0]

I get your first two responses. However I can't understand the third.

As you say yourself "a change of use has to be applied for" so, in this hypothetical situation, there has been change of use.

Hence questions 3 and 4.

[bednobs]

why dont you ring the council?

[Zacs-Master]

Yes, there seems to have been a change of use. But one which you don't have permission for. The original A4 use can't be 'abandoned' by simply using it as something else.

[jonathan0]

bednobs - because they don't profess to have a clue.
Zacs - I'm following you. Which of the two changes of use are you referring to?

[Zacs-Master]

You're over complicating the situation. You have A4 use but you've since changed that. If you want to carry on using it as something else, you'll have to apply for permission.

[jonathan0]

So what is the current use class of a) the area and b) the planning unit?

Sui generis and mixed used A4 and sui generis?

And about my original question, what's the difference between "material change of use" versus "change of use"? If there is no change of use between use classes (i.e. different types of A4 use), can there still be a "material change of use"?

[Zacs-Master]

There's no such thing as mixed use A4. A4 use is a drinking establishment (as you're no doubt aware). the only real ancillary use would be a dedicated car park.

Unfortunately there is no standard definition of ‘material change of use’. Determining whether a material change of use has taken place is determined on the individual merits of a case, which you've not provided thus far.

I suspect you have a drinking establishment (with some parking) which has failed and you're now using this for scrap metal storage and possibly sales. Please correct me if I'm wrong.

[Zacs-Master]

Apologies, 'junk yard' not scrap metal.