In many cases, a change of use of a building or land does not require planning permission. For example, a greengrocers can be changed to a shoe shop without permission. Planning permission is not required when both the present and proposed uses fall within the same "class" as defined in the Town and Country Planning (Use Classes) Order 1987 (as amended 2005). It is also possible to change use between some classes without making an application. Before you negotiate a lease or buy a property, it may be advisable to consider whether you need to obtain planning permission for your intended use.

View more information on Change of Use at the Planning Portal 

The different uses of land and buildings are classified into categories by the Town and Country Planning (Use Classes) Order 1987 (as amended 2005). These changes of use are permitted by the Town and Country Planning (General Permitted Development) Order 1995.

A planning application is not required for change of use in the following circumstances: from A1 to A1 plus a single flat above; and from A2 to A2 plus a single flat 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.

Changes of use requiring a planning application

Applications for planning permission are always required for material changes of use involving amusement centres, theatres, scrap yards, petrol filling stations, car showrooms, taxi and car hire businesses and hostels.
 
If you are unsure which use class a building/land falls into, please email the Planning and Development Unit.

Change of Use in Ashford and the rural areas

With increasing residential values and a belief in some quarters that Ashfords Future means we will allow houses anywhere, we are getting an increasing number of applications for change of use from commercial to residential, particularly in the villages and rural areas.

We advise applicants that they will need to demonstrate that:

• They have taken appropriate advise on the true value and proper marketing of the property and acted upon it.
• They have been proactive in marketing the premises.
• They are aware of the premises that are on our register.

If following an appropriate period of proper marketing you can demonstrate no demand, applicants need to be aware that to satisfy Policy RE2 they also need to demonstrate that the premises are not viable for employment use.

Policy RE2 is the Retention of existing business sites and premises in Tenterden and the villages Tenterden/Villages.

RE2 Proposals, which would lead to the loss of existing business sites and premises in
Tenterden or the villages will not be permitted, unless:

1. they are replaced with similar facilities elsewhere in the locality; or,
2. the site is not appropriate for the continuation of its present or any other employment use due to a significant detriment to the amenities and environment of neighbouring residents; or,
3. it can be shown that the unit is no longer viable for employment use and that it has remained unsold or unlet for a substantial period of time, despite genuine and sustained attempts to sell or let it on reasonable terms.

What constitutes a 'substantial period of time' and 'reasonable terms' will depend on prevailing market conditions, but as a guide, less than six months is unlikely to be appropriate and the terms on offer should compare with other similar premises and locations being let or sold for employment use. The extent of marketing carried out will be an important factor.

Please see the Ashford Borough Local Plan for further details.

If you require further advice please email the Planning and Development Unit.