This flexibility applies to the use itself: it does not automatically approve building alterations or remove restrictions already imposed on the property. [1][2]
Check that both activities really are Class E
The legislation includes retail shops, food and drink mainly consumed on the premises, offices, medical or health services and specified indoor sport and fitness activities. It also permits a mixture of qualifying E activities, including different activities at different times. [1]
The boundaries matter. A restaurant mainly serving people at tables is different from a business principally selling hot food to take away. A medical consultation service is different from residential care. Swimming pools and skating rinks are excluded from the Class E indoor-fitness description. Do not choose the class from the business name alone. [1][3]
A combined coffee shop and retail unit may therefore work within Class E, but a description such as “café” does not settle the position where the proposed operation is predominantly delivery and collection. Set out the intended trading model and obtain a view on any genuinely mixed or borderline use. [2][4]
Read the existing permission
Retrieve the decision notice, approved plans and relevant conditions. A restriction on the permitted activity or hours can still matter even though the Use Classes Order now groups several activities together. The creation of Class E on 1 September 2020 did not automatically override existing planning conditions or obligations. [2][1]
Also establish that the premises is lawfully in Class E. An agent's description or a previous tenant's trading name is not a substitute for the planning record. Where an operating history is disputed or incomplete, the council may need evidence before the proposed switch can be assessed confidently. [5]
Separate the use from the fit-out
For a shop becoming a restaurant, assess the extraction and ventilation before finalising the layout. Westminster's published kitchen-extraction guidance explains that permission for external equipment may be necessary even where the change of business activity does not need permission. A route for the duct is therefore a design question, not something resolved by writing “Class E” on a drawing. [6]
Check building regulations independently. Structural changes, altered escape arrangements and relevant building services can require approval even when there is no planning change of use. Alterations may also need to address access to and use of the premises. [7][8]
A practical pre-lease check
- Describe the proposed activity accurately, including seating, customers, deliveries and any off-site consumption. [1][2]
- Confirm the lawful existing use and read restrictive conditions. [5][2]
- List physical alterations separately from the business-use proposal. [7][6]
- Check whether the intended alcohol sales or other activities need a premises licence. [9]
Proposed changes
The 1 September 2026 announcement proposes changes affecting vape shops and adult gaming centres. It does not mean the wider Class E flexibility has already been abolished. Check the final legislation before relying on those proposed exclusions. [10]