Permitted Development Review

Closes 2 Sep 2024

Appendix 2 - Proposed Amendments to the Town and Country Planning (Change of Use) (Development) (No. 2) Order 2019


Read the draft Town and Country Planning (Change of Use) (Development) (No.2) (Amendment) Order 2024:

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Read the Keeling Version of the draft Town and Country Planning (Change of Use) (Development) (No. 2) Order 2019:

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This is a relatively recent order and the result of a full review of both the use classes and the changes of use. A full review of this is not proposed, however some targeted amendments have been identified and are proposed, these are summarised below.

Class 1

Additional standard conditions are to be applied to Class 1 - Change of use to shops, financial and services or food which states that: no use is permitted which does not have suitable bin storage provision (this is to reflect the issue that some uses may require larger commercial bins and the siting of these can be problematic in some instances); and no customer shall be permitted to remain within the relevant building or land between the hours of 2100 and 0700.

Class 3

Class 3 provides for, 'The change of use from a use falling within use classes 3.1 (Hotels and guest house), 3.3 (Dwellinghouses) or 3.5 (Houses in multiple occupation) to a use falling within 3.3 (Dwellinghouses), or a combined use as 3.1 and 3.3'*The provisions have been expanded to allow for changes from/to various tourist and residential uses. In land use planning terms self-contained tourist uses can be quite similar.

Whether in use as a permanent dwelling or as a tourist unit, the demand for parking is to remain fairly unchanged. It is difficult to assess how an individual would behave, whether as a tourist or a resident. As a tourist, a person may be out a lot of the time, but may also have greater late nights and be disruptive on return. In the meantime, both tourist and permanent residents have incentives for organising gatherings, which can easily be carried out till late at night. In general terms, however, the majority of people tend to behave well and raise no concerns. Therefore, it is unlikely for such changes of use to have a significant impact on the living conditions of the neighbouring properties insofar as this is a planning matter. Therefore in the current policy context such proposals are often successful in gaining planning approval.

Class 4

Class 4 currently provides for, 'The change of use of a building from use as two or more dwellinghouses to use as a single dwellinghouse'. Neither the Act nor the change of use order defines dwellinghouse, but the 2012 order uses, 'means a building occupied for residential purposes other than a building containing one or more flats, or a flat contained within such a building'. Class is proposed to be amended to use the term 'dwelling' and be expanded to allow for the conversion of two flats into either a single flat or a dwelling house.

Schedule 2

Class 1 and 2 of this order relates to changes to town centre uses within defined town centre areas and have recently been reviewed. It is considered that these align with the existing and emerging Areas Plans but as part of this consultation comments are welcomed on any anomalies with regards to these.


*Subject to conditions, '1 A change of use from use class 3.1 to 3.3 is not approved if the building in question is in an area which is not indicated in a development plan as an area of residential use or predominantly residential use' and '2 The change of use to a combined use of use classes 3.1 and 3.3 is not approved if more than 3 bedrooms in the building may be used by guests'.