1. This Order may be cited as the Town and Country Planning (Use Classes) Order 1987 and shall come into force on 1st June 1987.
2. 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;
F1...
“industrial process” means a process for or incidental to any of the following purposes:—
the making of any article or part of any article (including a ship or vessel, or a film, video or sound recording);
the altering, repairing, maintaining, ornamenting, finishing, cleaning, washing, packing, canning, adapting for sale, breaking up or demolition of any article; or
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;
“Schedule” means the Schedule to this Order;
“site” means the whole area of land within a single unit of occupation.
Textual Amendments
F1Words in art. 2 omitted (1.6.1992) by virtue of The Town and Country Planning (Use Classes) (Amendment) (No. 2) Order 1992 (S.I. 1992/657), arts. 1, 2(1)
Commencement Information
3.—(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 [F2within 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 [F3within class B2] is not substantially increased as a result.
F4(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) No class specified in the Schedule includes use —
(a)as a theatre,
(b)as an amusement arcade or centre, or a funfair,
[F5(c)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.
[F6(h)for any work registrable under the Alkali, etc. Works Regulation Act 1906,]
[F7(i)as a hostel,]
[F8(j)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,]
[F9(k)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,]
[F12(n)as a betting office,
(o)as a pay day loan shop.]
[F13(6A) 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—
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
which, but for provision made in this article, would fall within Class A2 (financial and professional services) of the Schedule to this Order.]
[F14(7) 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.
[F15(8) 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.]]
Textual Amendments
F2Words in art. 3(4) substituted (9.3.1995) by The Town and Country Planning (Use Classes) (Amendment) Order 1995 (S.I. 1995/297), arts. 1(1), 2(1)(a)
F3Words in art. 3(4) substituted (9.3.1995) by The Town and Country Planning (Use Classes) (Amendment) Order 1995 (S.I. 1995/297), arts. 1(1), 2(1)(b)
F4Art. 3(5) omitted (1.6.1992) by virtue of The Town and Country Planning (Use Classes) (Amendment) (No. 2) Order 1992 (S.I. 1992/657), arts. 1, 2(2)
F5Art. 3(6)(c) substituted (31.7.1991) by The Town and Country Planning (Use Classes) (Amendment) Order 1991 (S.I. 1991/1567), arts. 1, 2(1)
F6Art. 3(6)(h) inserted (31.3.1992) by The Town and Country Planning (Use Classes) (Amendment) Order 1992 (S.I. 1992/610), arts. 1(1), 2(1)(b)
F7Art. 3(6)(i) inserted (4.4.1994) by The Town and Country Planning (Use Classes) (Amendment) Order 1994 (S.I. 1994/724), arts. 1(1), 2(1)
F8Art. 3(6)(j) substituted (29.3.2011) by The Waste (England and Wales) Regulations 2011 (S.I. 2011/988), reg. 1(2), Sch. 4 para. 8 (with regs. 2, 47(2))
F9Art. 3(6)(k)(l) inserted (E.) (21.4.2005) by The Town and Country Planning (Use Classes) (Amendment) (England) Order 2005 (S.I. 2005/84), arts. 1(1), 2(1)
F10Art. 3(6)(m) added (E.) (6.4.2006) by The Town and Country Planning (Use Classes) (Amendment) (England) Order 2006 (S.I. 2006/220), arts. 1(1), 2(2)
F11Art. 3(6): comma substituted for full stop (E.) (15.4.2015) by The Town and Country Planning (Use Classes) (Amendment) (England) Order 2015 (S.I. 2015/597), arts. 1(1), 2(2) (with art. 3)
F12Art. 3(6)(n)(o) inserted (E.) (15.4.2015) by The Town and Country Planning (Use Classes) (Amendment) (England) Order 2015 (S.I. 2015/597), arts. 1(1), 2(2) (with art. 3)
F13Art. 3(6A) inserted (E.) (15.4.2015) by The Town and Country Planning (Use Classes) (Amendment) (England) Order 2015 (S.I. 2015/597), arts. 1(1), 2(3) (with art. 3)
F14Art. 3(7)(8) inserted (W.) (12.8.2002) by The Town and Country Planning (Use Classes) (Amendment) (Wales) Order 2002 (S.I. 2002/1875), arts. 1(1), 2(2)
F15Art. 3(8) substituted (6.4.2010 immediately after S.I. 2009/3381 comes into force) by The Environmental Permitting (England and Wales) Regulations 2010 (S.I. 2010/675), reg. 1(1), Sch. 26 Pt. 2 para. 3 (with reg. 1(2))
Commencement Information
4. 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.
5. The Town and Country Planning (Use Classes) Order 1972(1)(a) and the Town and Country Planning (Use Classes) (Amendment) Order 1983(2)(b) are hereby revoked.