1987 No. 764
The Town and Country Planning (Use Classes) Order 1987
Made
Coming into force
Citation and commencementI11
This Order may be cited as the Town and Country Planning (Use Classes) Order 1987 and shall come into force on 1st June 1987.
InterpretationI22
In this Order, unless the context otherwise requires:—
“care” means personal care for people in need of such care by reason of old age, disablement, past or present dependence on alcohol or drugs or past or present mental disorder, and in class C2 also includes the personal care of children and medical care and treatment;
“day centre” means premises which are visited during the day for social or recreational purposes or for the purposes of rehabilitation or occupational training, at which care is also provided;
F5...
“industrial process” means a process for or incidental to any of the following purposes:—
- a
the making of any article or part of any article (including a ship or vessel, or a film, video or sound recording);
- b
the altering, repairing, maintaining, ornamenting, finishing, cleaning, washing, packing, canning, adapting for sale, breaking up or demolition of any article; or
- c
the getting, dressing or treatment of minerals;
in the course of any trade or business other than agriculture, and other than a use carried out in or adjacent to a mine or quarry;
- a
“Schedule” means the Schedule to this Order;
“site” means the whole area of land within a single unit of occupation.
Use ClassesI33
1
Subject to the provisions of this Order, where a building or other land is used for a purpose of any class specified in the Schedule, the use of that building or that other land for any other purpose of the same class shall not be taken to involve development of the land.
2
References in paragraph (1) to a building include references to land occupied with the building and used for the same purposes.
3
A use which is included in and ordinarily incidental to any use in a class specified in the Schedule is not excluded from the use to which it is incidental merely because it is specified in the Schedule as a separate use.
4
Where land on a single site or on adjacent sites used as parts of a single undertaking is used for purposes consisting of or including purposes falling F9within classes B1 and B2 in the Schedule, those classes may be treated as a single class in considering the use of that land for the purposes of this Order, so long as the area used for a purpose falling F10within class B2 is not substantially increased as a result.
F65
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6
No class specified in the Schedule includes use —
a
as a theatre,
b
as an amusement arcade or centre, or a funfair,
F1c
as a launderette,
d
for the sale of fuel for motor vehicles,
e
for the sale or display for sale of motor vehicles,
f
for a taxi business or business for the hire of motor vehicles,
g
as a scrapyard, or a yard for the storage or distribution of minerals or the breaking of motor vehicles.
F3h
for any work registrable under the Alkali, etc. Works Regulation Act 1906,
F7i
as a hostel,
F24j
as a waste disposal installation for the incineration, chemical treatment (as defined in Annex I to Directive 2008/98/EC under heading D9) or landfill of hazardous waste as defined (in relation to England) in regulation 6 of the Hazardous Waste (England and Wales) Regulations 2005 or (in relation to Wales) in regulation 6 of the Hazardous Waste (Wales) Regulations 2005,
F14k
as a retail warehouse club being a retail club where goods are sold, or displayed for sale, only to persons who are members of that club;
l
as a night-club,
F26n
as a betting office,
o
as a pay day loan shop.
F256A
For the purpose of paragraph (6)—
“high-cost short-term credit” has the meaning given in the edition of the Financial Conduct Authority’s Handbook which came into effect on 1st April 2014 (following an amendment by the Authority in the Consumer Credit (Consequential and Supplementary Amendments) Instrument 2014); and
“pay day loan shop” means premises—
- a
from which high-cost short-term credit is provided principally to visiting members of the public and includes premises from which such credit is provided in addition to other financial or professional services, and
- b
which, but for provision made in this article, would fall within Class A2 (financial and professional services) of the Schedule to this Order.
- a
F137
Where a building or other land is situated in Wales, class B8 (storage or distribution) does not include use of that building or land for the storage of, or as a distribution centre for, radioactive material or radioactive waste.
F218
For the purpose of paragraph (7), “radioactive material” and “radioactive waste” have the same meaning as in the Environmental Permitting (England and Wales) Regulations 2010.
Change of use of part of building or landI44
In the case of a building used for a purpose within class C3 (dwellinghouses) in the Schedule, the use as a separate dwellinghouse of any part of the building or of any land occupied with and used for the same purposes as the building is not, by virtue of this Order, to be taken as not amounting to development.
RevocationI55
SCHEDULE
I6PART A
Sch. Pt. A in force at 1.6.1987, see art. 1
Class A1. Shops
Use for all or any of the following purposes—
a
for the retail sale of goods other than hot food,
b
as a post office,
c
for the sale of tickets or as a travel agency,
d
for the sale of sandwiches or other cold food for consumption off the premises,
e
for hairdressing,
f
for the direction of funerals,
g
for the display of goods for sale,
h
for the hiring out of domestic or personal goods or articles,
F2i
for the washing or cleaning of clothes or fabrics on the premises,
j
for the reception of goods to be washed, cleaned or repaired,
F15k
as an internet café; where the primary purpose of the premises is to provide facilities for enabling members of the public to access the internet
where the sale, display or service is to visiting members of the public.
Class A2. Financial and professional services
Use for the provision of —
a
financial services, or
b
professional services (other than health or medical services), or
c
any other services F28(including use as a betting office) which it is appropriate to provide in a shopping area,
where the services are provided principally to visiting members of the public.
E1F16Class A3. Food and drink
Use for the sale of food or drink for consumption on the premises or of hot food for consumption off the premises.
E2F16Class A3. Restaurants and cafes
Use for the sale of food and drink for consumption on the premises.
Class A4. Drinking establishments
Use as a public house, wine-bar or other drinking establishment
Class A5. Hot food takeaways
Use for the sale of hot food for consumption off the premises.
I7PART B
Sch. Pt. B in force at 1.6.1987, see art. 1
Class B1. Business
Use for all or any of the following purposes—
a
as an office other than a use within class A2 (financial and professional services),
b
for research and development of products or processes, or
c
for any industrial process,
being a use which can be carried out in any residential area without detriment to the amenity of that area by reason of noise, vibration, smell, fumes, smoke, soot, ash, dust or grit.
Class B2. General industrial
Use for the carrying on of an industrial process other than one falling within class B1 above F11....
Class B3. Special Industrial Group A
F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Class B4. Special Industrial Group B
F12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Class B5. Special Industrial Group C
F12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Class B6. Special Industrial Group D
F12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Class B7. Special Industrial Group E
F12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Class B8. Storage or distribution
Use for storage or as a distribution centre.
I8PART C
Sch. Pt. C in force at 1.6.1987, see art. 1
F8Class C1. Hotels
Use as a hotel or as a boarding or guest house where, in each case, no significant element of care is provided.
Class C2. Residential institutions
Use for the provision of residential accommodation and care to people in need of care (other than a use within class C3 (dwelling houses)).
Use as a hospital or nursing home.
Use as a residential school, college or training centre.
F22F19C2A. Secure residential institutions
Use for the provision of secure residential accommodation, including use as a prison, young offenders institution, detention centre, secure training centre, custody centre, short-term holding centre, secure hospital, secure local authority accommodation or use as military barracks.
E3F29Class C3. Dwellinghouses
Use as a dwellinghouse (whether or not as a sole or main residence) —
Use as a dwellinghouse (whether or not as a sole or main residence) by—
a
a single person or by people to be regarded as forming a single household;
b
not more than six residents living together as a single household where care is provided for residents; or
c
not more than six residents living together as a single household where no care is provided to residents (other than a use within Class C4).
Interpretation of Class C3
For the purposes of Class C3(a) “single household” is to be construed in accordance with section 258 of the Housing Act 2004.
E4F23Class C3. Dwellinghouses
Use as a dwellinghouse (whether or not as a sole or main residence) by—
a
a single person or by people to be regarded as forming a single household;
b
not more than six residents living together as a single household where care is provided for residents; or
c
not more than six residents living together as a single household where no care is provided to residents (other than a use within Class C4).
Interpretation of Class C3
For the purposes of Class C3(a) “single household” shall be construed in accordance with section 258 of the Housing Act 2004.
F30Class C4. Houses in multiple occupation
Use of a dwellinghouse by not more than six residents as a “house in multiple occupation”.
Interpretation of Class C4
For the purposes of Class C4 a “house in multiple occupation” does not include a converted block of flats to which section 257 of the Housing Act 2004 applies but otherwise has the same meaning as in section 254 of the Housing Act 2004.
I9PART D
Sch. Pt. D in force at 1.6.1987, see art. 1
Class D1. Non-residential institutions
Any use not including a residential use —
a
for the provision of any medical or health services except the use of premises attached to the residence of the consultant or practioner,
b
as a crêche, day nursery or day centre,
c
for the provision of education,
d
for the display of works of art (otherwise than for sale or hire),
e
as a museum,
f
as a public library or public reading room,
g
as a public hall or exhibition hall,
h
for, or in connection with, public worship or religious instruction,
F20i
as a law court.
Class D2. Assembly and leisure
Use as —
a
a cinema,
b
a concert hall,
c
a bingo hall F17or casino,
d
a dance hall,
e
a swimming bath, skating rink, gymnasium or area for other indoor or outdoor sports or recreations, not involving motorised vehicles or firearms.
(This note is not part of the Order)
Order applied (Crown) (with modifications) (E.) (7.6.2006) by The Town and Country Planning (Application of Subordinate Legislation to the Crown) Order 2006 (S.I. 2006/1282), arts. 1, 5