Changes of use for Brixton buildings - a handy guide to Planning Classifications

[editor]

With Brixton gentrifying at a rate of knots, there's all sorts of pressure being applied by developers to change the planning classifications on closed pubs into something more profitable.

Here's a handy government guide that explains how the classifications work:

• A1 Shops - Shops, retail warehouses, hairdressers, undertakers, travel and ticket agencies, post offices (but not sorting offices), pet shops, sandwich bars, showrooms, domestic hire shops, dry cleaners, funeral directors and internet cafes.
• A2 Financial and professional services - Financial services such as banks and building societies, professional services (other than health and medical services) including estate and employment agencies and betting offices.
• A3 Restaurants and cafés - For the sale of food and drink for consumption on the premises - restaurants, snack bars and cafes.
• A4 Drinking establishments - Public houses, wine bars or other drinking establishments (but not night clubs).
• A5 Hot food takeaways - For the sale of hot food for consumption off the premises.
• B1 Business - Offices (other than those that fall within A2), research and development of products and processes, light industry appropriate in a residential area.
• B2 General industrial - Use for industrial process other than one falling within class B1 (excluding incineration purposes, chemical treatment or landfill or hazardous waste).
• B8 Storage or distribution - This class includes open air storage.
• C1 Hotels - Hotels, boarding and guest houses where no significant element of care is provided (excludes hostels).
• C2 Residential institutions - Residential care homes, hospitals, nursing homes, boarding schools, residential colleges and training centres.
• C2A Secure Residential Institution - Use for a 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 a military barracks.
• C3 Dwellinghouses -this class is formed of 3 parts:
  • C3(a) covers use by a single person or a family (a couple whether married or not, a person related to one another with members of the family of one of the couple to be treated as members of the family of the other), an employer and certain domestic employees (such as an au pair, nanny, nurse, governess, servant, chauffeur, gardener, secretary and personal assistant), a carer and the person receiving the care and a foster parent and foster child.
  • C3(b): up to six people living together as a single household and receiving care e.g. supported housing schemes such as those for people with learning disabilities or mental health problems.
  • C3(c) allows for groups of people (up to six) living together as a single household. This allows for those groupings that do not fall within the C4 HMO definition, but which fell within the previous C3 use class, to be provided for i.e. a small religious community may fall into this section as could a homeowner who is living with a lodger.
• C4 Houses in multiple occupation - small shared houses occupied by between three and six unrelated individuals, as their only or main residence, who share basic amenities such as a kitchen or bathroom.
• D1 Non-residential institutions - Clinics, health centres, crèches, day nurseries, day centres, schools, art galleries (other than for sale or hire), museums, libraries, halls, places of worship, church halls, law court. Non residential education and training centres.
• D2 Assembly and leisure - Cinemas, music and concert halls, bingo and dance halls (but not night clubs), swimming baths, skating rinks, gymnasiums or area for indoor or outdoor sports and recreations (except for motor sports, or where firearms are used).
• Sui Generis - Certain uses do not fall within any use class and are considered 'sui generis'. Such uses include: theatres, houses in multiple occupation, hostels providing no significant element of care, scrap yards. Petrol filling stations and shops selling and/or displaying motor vehicles. Retail warehouse clubs, nightclubs, launderettes, taxi businesses, amusement centres and casinos.

http://www.planningportal.gov.uk/permission/commonprojects/changeofuse/

 

[editor]

The site also explains the lists the changes of use that do not need planning permission.

From To​

A2 (professional and financial services) when premises have a display window at ground level to A1 (shop)​

A3 (restaurants and cafes) to A1 or A2​

A4 (drinking establishments) to A1 or A2 or A3​

A5 (hot food takeaways) to A1 or A2 or A3​

B1 (business) (permission limited to change of use relating to not more than 235 square metres of floor space) to B8 (storage and distribution)​

B2 (general industrial)to B1 (business)​

B2 (general industrial) (permission limited to change of use relating to not more than 235 square metres of floor space)) to B8 (storage and distribution)​

B8 (storage and distribution) (permission limited to change of use relating to not more than 235 square metres of floor space) to B1 (business)​

C3 (dwellinghouses) to C4 (houses in multiple occupation)​

C4 (houses in multiple occupation) to C3 (dwellinghouses)​

Casinos (sui generis) to D2 (assembly and leisure)​

Additionally, a planning application is not required for change of use in the following circumstances:

• from A1 or A2 to A1 plus up to two flats above;
• from A2 to A2 plus up to two flats above.

These changes are reversible without an application only if the part that is now a flat was, respectively, in either A1 or A2 use immediately before it became a flat.

 

[Giles]

The current rules for "allowed changes of use" are the "cause of death" for so many pubs.

The rules seem to be based purely on a principle where any change from one use to another use that is less likely to annoy the neighbours is automatically a good thing. They don't take in to account that turning all the locals into Tesco Metros etc might not be a good thing.

Giles..

 

[lang rabbie]

A night in scrutinising The Town and Country Planning (Use Classes) Order 1987 (as amended)

Rawk and Roll!

 

[Puddy_Tat]

May be worth a look at what Lewisham Council have done - they seem to have picked up on the loss of pubs a while ago.

This page may be useful.

I'm aware there has also been fuss made in Lewisham borough about places turning into betting shops, but not sure how far the council has gone in doing anything about it (or to what extent it has the powers to)

 

[Brixton Hatter]

this is really useful, cheers @editor

 

[Gramsci]

May be worth a look at what Lewisham Council have done - they seem to have picked up on the loss of pubs a while ago.

This page may be useful.

I'm aware there has also been fuss made in Lewisham borough about places turning into betting shops, but not sure how far the council has gone in doing anything about it (or to what extent it has the powers to)

In Lambeth Council UDP saved policies pages 86 and 87 there is Policy 27 - Loss of Public Houses. Its mainly about opposition to demolition or redevelopment that would make it unviable as public house (eg loss of cellar).

Policy 27
Loss of Public Houses
The Council will use available planning powers to resist schemes involving the
demolition of public houses of distinctive architectural character.
Proposals which would involve the loss of public houses (in whole or part, and
in particular the ground floor public house use in traditional, purpose-designed
buildings) to non-A class use, will only be permitted if the site is outside the
Central London Activities Zone and if it is demonstrated that there is no
reasonable prospect in the medium term of re-use or refurbishment for an
environmentally acceptable A class use, following a thorough marketing
exercise and having –regard to regeneration proposals in the area.
In addition, schemes affecting public houses should not:
(a)
Create a shortage of local public houses within easy walking distance
(400m) of the site.
(b)
Result in a net loss of attached housing (including affordable housing
and/or short-stay accommodation) nor of existing or potential self-contained
access to housing.
(c)
Harm the architectural character of a listed or other public house of
distinctive architectural character by way of extension or alteration (including,
for a listed public house, its special interior character) and/or the architectural
character of the street.
(d)
Result in a loss of cellarage or other features which might render public
house use unviable.
Characteristic public house features should be preserved or enhanced where
these are of architectural merit.
This policy applies to purpose-built public houses whose last lawful use was as
a permitted A class use, whether currently in use as a public house or not.

and this just after the Policy:

4.12.13. Public houses are a long-established and much-valued part of London life.
They are often important and distinctive local landmarks of significant architectural
quality, often the best buildings in run–down areas. In older parts of the borough
public houses were often designed into the original street grid being constructed as
local landmarks in a more ebullient or florid version of the style of local terraced
London Borough of Lambeth – Unitary Development Plan – Policies Saved Beyond 05 August 2010 and not
superseded by the Local Development Framework Core Strategy January 2011.
86
housing. For example they may have been designed as bookends to streets, and
represent a much-cherished centre of community life and entertainment. Many offer
cheap accommodation and may also help service and animate business, tourism and
regeneration areas.
4.12.14. The Victorian, Edwardian and interwar development of the borough led to
many public houses being built; many also survived post-war residential
redevelopment around them. However, as drinking habits and local populations have
changed, some have declined and there is pressure from their owners to convert
them to residential use. Rarely have these premises lacked customers and in some
cases public houses have been refurbished and are thriving. Regeneration proposals
may also create additional potential customers in the future. Whilst they can provide
much-needed housing they have in some cases resulted in loss of attached
affordable housing. Some public houses are the only buildings of merit in a
neighbourhood but as a result are not in a conservation area or of such a high quality
as to be listable. Original interiors are often of historic interest and should be
preserved (if listed, listed building consent may be needed to alter such interiors). The
retention of well-known public house names is encouraged.
4.12.15. Where public houses are to be retained as part of a wider development, both
the building and internal features will be retained by condition or planning obligation.
Marketing exercises (including of untapped local markets, and also for use of a
smaller part of the site such as the ground floor only) should also account for the cost
of replacement of public house features deliberately removed with the intention of
frustrating the policy. Regard will be had to the CAMRA public house viability test.

My highlighting

 

[lang rabbie]

But however robust that policy is in theory, have Lambeth actually turned down a pub conversion to another Class A use since the policy was adopted?

 

[Gramsci]

But however robust that policy is in theory, have Lambeth actually turned down a pub conversion to another Class A use since the policy was adopted?

They used it in the application for the "Harmony" bar in Railton road. As applicant originally was going to reduce size of original bar in the rebuild. Funnily enough the residents do not want a bar there any more. The applicant is re applying with no bar so see what happens.

Harmony building is recent and not Victorian piece of heritage to be protected. Though there has been a pub on site for long time. Last was burnt down in riots.

I did not know about policy until seeing it in this application.

Took some looking for to find it. This planning info is not easy to look up.

Also getting officers to do set policies is variable to say the least. I have has experience of looking stuff (re licensing) up telling officer. Being told Im wrong. Then told Im right. Then told how difficult it all is. Then told they failed ( reason not given) to enforce licensing policy ( that was to protect residents).

 

[editor]

I'm going to write a feature on this for Brixton Buzz because I think it's important that locals can learn a bit more about property classifications. Is the stuff posted above still up to date?

 

[lang rabbie]

The changes that came in last year, including allowing office use to be changed to residential without consent are at now at the bottom of that planning portal link in the OP

Additional change of use permitted development rights applying from 30 May 2013:
Agricultural buildings under 500 square metres can change to a number of other uses (A1, A2, A3, B1, B8, C1 and D2). For buildings between 150 square metres and 500 square metres, prior approval (covering flooding, highways and transport impacts, and noise) is required.

Premises in B1, C1, C2, C2A and D2 use classes can change use permanently to a state-funded school, subject to prior approval covering highways and transport impacts and noise.

Premises in B1(a) office use can change to C3 residential use, subject to prior approval covering flooding, highways and transport issues and contamination.

Prior approval fees for change of use is set at £80. The draft regulations have been laid in Parliament and are due to come into force on 1 October 2013. This fee will be applicable from 1 October 2013.

Buildings with A1, A2, A3, A4, A5, B1, D1 and D2 uses will be permitted to change use for a single period of up two years to A1, A2, A3 and B1 uses.

Thresholds for business change of use. Thresholds increased on May 2013 from 235 square metres to 500 square metres for permitted development for change of use from B1 or B2 to B8 and from B2 or B8 to B1.

 

[leanderman]

So, where does this leave the sadly-missed Mango Landin'?

 

[snowy_again]

Lost - too few years left on the leasehold, but maybe too many to make it an easy conversion. It's surely the prime community asset pub around here?

 

[ska invita]

So, where does this leave the sadly-missed Mango Landin'?

is mango shut? oh no!

 

[Brixton Hatter]

I thought the guy from Kaff was going to run Mango Landin from now on.

Plenty of other prime community asset pubs round here...

 

[editor]

I thought the guy from Kaff was going to run Mango Landin from now on.

He thought that too.
http://www.brixtonbuzz.com/2014/01/...eported-as-being-sold-future-plans-uncertain/

 

[Brixton Hatter]

oh