You need a planning application where the proposal is a material change of use and no applicable permitted-development right authorises it. Establish the lawful existing use first, then compare it with the proposed activity. Even where the use can change without a full application, physical alterations may need their own approval. [1][2]
Step 1: establish the starting point
Collect the council's decision notices, approved plans and relevant evidence of how the premises has actually been used. The existing use is not necessarily the use described in a letting brochure, business-rates entry or a proposed lease. Ask the planning authority to identify what evidence is needed where the record is unclear. [3][1]
Identify the planning unit as well as the use class. A shop and its upper-floor storage may form one unit; a separately used upper floor may need to be assessed independently. This can affect which conversion route is available. [1][4]
Step 2: describe what will change
Write an operating description rather than relying on a label such as “studio” or “café”. Explain the activities, who attends, whether anyone lives there, and which activities are ancillary to the main use. The council assesses a material change of use on the facts and degree of the change. [1]
A genuine switch between qualifying activities within Class E is generally not development. Moving from Class E to a hot food takeaway, pub or home is different: each has its own planning position. [5][6]
Step 3: check the possible route
The main possibilities are:
- No development: the proposal stays within the same use class and is not restricted by an existing condition or obligation. [1]
- Permitted development: a specified right allows the change, but its exclusions and conditions must all be satisfied. Some routes require prior approval. [1]
- Full planning permission: required where the material change is not otherwise authorised. [2]
An Article 4 direction may remove a particular permitted-development route at the address. It does not turn all same-class business changes into development. Read the actual direction and map, not just a borough-wide heading saying that Article 4 applies. [1][7]
Step 4: separate the physical works
List the new shopfront, access doors, extensions, kitchen duct, air-conditioning plant and signs. The use decision does not necessarily authorise these works. Advertisement consent and building regulations have separate functions, and listed buildings can require additional consent. [1][8][9]
This exercise is useful before committing to a layout. A restaurant use may be acceptable while its proposed external flue still needs redesign and planning approval. [10]
Step 5: record the conclusion
Where a formal determination of lawfulness is needed, consider a lawful development certificate for a clearly defined proposal. Submit evidence addressing the relevant legal test; it is not a substitute for a planning application where permission is actually required. [1]
Keep any written advice with the plans and operating description it considered. Recheck the conclusion if the proposal changes. The 1 September 2026 proposals concerning vape shops and adult gaming centres also need a later legislative check rather than being treated as operative exclusions today. [1][11]