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Use Classes and Permitted Changes of Use
Introduction
This information is for guidance purposes only, for any clarification you should either contact the Development Management Team or refer to the following legislation and all subsequent amendments:
- The Town and Country Planning (General Permitted Development) (Scotland) Order 1992
- The Town and Country Planning (Scotland) Act 1997
- The Town and Country Planning (Use Classes) (Scotland) Order 1997
Planning permission is a change in the use of land or buildings. What amounts to a material change in the use of the land depends on the facts and circumstances of each case. If in doubt clarification should be sought from the Development Management Team.
The 1997 order groups similar types of use together into separate classes. Where a building or land is used for a purpose which is included in a particular class, the use of that building or land for any other purpose in the same class shall not be taken to involve development and therefore would not require planning permission. This is subject to conditions in certain circumstances. A change in the use of land or buildings is considered as development and therefore normally requires planning permission.
Any use not falling within a specified class falls into the Sui Generis category. Sui Generis is a Latin expression, literally meaning of its own kind or unique in its characteristics. Except in the case of changes permitted from car sales and hot food take-away use, planning permission is required for any change to or from any Sui Generis use. This guide shows some of the recognised Sui Generis uses, but this list is not exhaustive and other uses may be Sui Generis even though not specifically mentioned.
|
Use Class |
Use description |
Change Permitted |
|
Class 1 |
Use - |
Planning permission required for change of use to any other class. |
|
Sui Generis |
Use - |
Planning permission required for change of use to any other class. |
|
Class 2 |
Use for the provision of - e.g. offices of accountants, dentists, doctors, solicitors, beauticians, estate agents |
Change of use to Class 1 permitted. Planning permission required for change of use to any other class.
|
|
Class 3 |
Use for the sale of food or drink for consumption on the premises. e.g. cafes, restaurants, snack bars |
Change to Class 1 and Class 2 permitted. Planning permission required for change of use to any other class. |
|
Sui Generis |
Use for the sale of hot food for consumption off the premises. e.g. pizza shops, takeaways, kebab shops, fish and chip shops |
Change to Class 1 and 2 permitted. Planning permission required for change of use to any other class. |
| Sui Generis | Use as a public house. | Planning permission required for change of use to any other class. |
|
Class 4 |
Use- |
Change of use to Class 6 (up to 235sqm of floor space only) Planning permission required for change of use to any other class.
|
|
Class 5 |
Use for the carrying on of an industrial process other than one falling within class 4 (business). |
Change of use permitted to Class 6 (up to 235sqm of floor space only) or to Class 4. Planning permission required for change of use to any other class. |
|
Sui Generis |
Use - |
Planning permission required for change of use to any other class. |
|
Class 6 |
Use for storage or as a distribution centre. |
Change to Class 4 permitted. |
|
Sui Generis |
Storage or distribution of minerals |
Planning permission required for change of use to any other class. |
|
Class 7 |
Use as a hotel, boarding house, guest house, or hostel where no significant element of care is provided, other than premises where alcohol (within the meaning given by section 2 of the Licensing Scotland Act 2005) is sold, pursuant to a premises licence issued under that Act to persons other than residents or to persons other than persons consuming meals on the premises and other than a use within class 9 (houses). |
Planning permission required for change of use to any other class. |
|
Class 8 |
Use - |
Planning permission required for change of use to any other class. |
| Class 8A Secure residential institutions |
Use for the 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 military barracks. | Planning permission required for change of use to any other class. |
|
Class 9 |
Use - |
Planning permission required for change of use to any other class. |
|
Sui Generis |
Use as a residential flat |
Planning permission required for change of use to any other class. |
|
Class 10 |
Use, not including residential use - |
Planning permission required for change of use to any other class. |
|
Class 11 |
Use as - |
Planning permission required for change of use to any other class. |
|
Sui Generis |
Use as - |
Planning permission required for change of use to any other class. |
Interpretation
In this document the following expressions have the meanings assigned to them:
- Care means personal care including the provision of appropriate help with physical and social needs or support; and in class 8 (residential institutions) includes medical care and treatment;
- Day Centre means non-residential premises which are used for social purposes, recreation, rehabilitation or occupational training and at which care is also provided;
- Industrial Process means a process, other than a process carried out in or adjacent to, a mine or quarry, for or incidental to
(a) the making of any article or part of any article including a ship or vessel or a film, video or sound recording;
(b) the altering, repairing, maintaining, ornamenting, finishing, cleaning, washing, packing, canning, adapting for sale, breaking up or demolition of any article; or
(c) the getting, dressing or treatment of minerals;
in the course of any use other than agriculture. - Site means the whole area of land within a single unit of occupation;
- Support means counselling or other help provided as part of a planned programme of care.
For further information, please contact us:
Contacts
- Development Management Team
Enterprise, Planning and Infrastructure
Aberdeen City Council
Business Hub 4
Marischal College
Broad Street
Aberdeen
AB10 1AB
Phone: 01224 523470
Fax: 01224 523180
Email: pi@aberdeencity.gov.uk




