PAPER I

ISLE OF WIGHT COUNCIL DEVELOPMENT CONTROL COMMITTEE

TUESDAY 15 MARCH 2005

Officer: Chris Hougham, Development Control Manager Tel: (01983) 823567

REPORT OF HEAD OF PLANNING SERVICES

ANNOUNCEMENT ON CHANGES TO USE CLASSES ORDER (UCO)

Summary

To familiarise Members of this Committee with changes, recently announced by Government, to the Use Classes Order (UCO) and the General Permitted Development Order (GPDO), which will come into force on 21 April 2005.

Background

The Town & Country Planning (Use Classes) Order 1987 (as amended) sets out classes of uses.

The UCO outlines that a move between activities between the same class is not development and therefore does not require planning permission. Activities are generally grouped together on the basis of similar land uses and impact. The Town & Country Planning (General Permitted Development) Order 1995 provides further flexibility by classifying certain moves between the Use Classes as “permitted development”, which similarly does not require express planning permission.

In February 2000 the Government commissioned research to look at the impact of the UCO on the delivery of planning policy objectives. The research report was published in September 2001 and a consultation paper setting out a range of options was published in January 2002.

The Government has now announced that amendments to the UCO, which will come into force on 21 April 2005

Financial Implications

None.

Options

That information contained in this report be noted.

Conclusions

The most significant changes are to the A3 Use Class that restricts the flexibility to move between restaurants and cafes to bars, pubs and takeaways. Two new Use Classes have been introduced; A4 (Drinking Establishments) and A5 (Hot Food Takeaways). Details of the proposed changes can be summarised in the following terms:

• Internet cafes will be classified as an A1 Use
• Warehouse Clubs will be taken out of the Use Classes Order, thus becoming sui generis.
• Motor vehicle showrooms will no longer enjoy permitted development rights for a change of use to any A1 Use.
• There will be no other changes to the A1 or A2 Use Classes.
• Restaurants and cafes will retain their A3 classification. However, this class will be modified to a omit the reference to the sale of hot food for consumption off the premises. Change of Use from Use Class A3 to A1 or A2 Use Classes will continue to be permitted development.
• Pubs and Bars will be classified under a new Use Class A4, Drinking establishments and Takeaways will be classified under a new Use Class A5, Hot food Takeaways. Concerns were expressed during the consultation process about the specific impacts on amenity caused by such businesses and their customers. Both A4 and A5 Use Classes, will be permitted to change use to A1, A2 or A3 Use Classes.

There are no other amendments to the current B and C Use Classes.

Nightclubs will be taken out of the Use Classes Order thus becoming sui generis.

There are no other amendments to the current D Use Classes.

For the avoidance of any doubt the Latin term sui generis translated, means unique and in these particular instances means that any proposal to change the use of a premises to a motor vehicle showroom, retail warehouse club, launderette, taxi or vehicle hire businesses, amusement centres, petrol filling stations, hostels and nightclubs will require the benefit of planning permission.

Appended to this report is a schedule of the amended Use Class Order (2005). This schedule is for Members information and should not be used to determine whether a proposed change of use requires the benefit of planning permission; Members receiving such enquiries should always refer the individual to Planning Services.

RECOMMENDATION

That information contained in this report be noted.

ANDREW ASHCROFT

Head of Planning Services