Planning enforcement investigation

High Street shops - Change of use

A worrying casework issue. I was asked by a resident if there has been a 'change of use' for one of the shops on the High Street.

I made an informal inquiry to Planning at SDC and they implied it was all OK as offices and shops are both considered to be use class E. Use class E is a new class, which the Govt. introduced in 2021 and allows for ad-hoc change of use within that class.

Class E

Class E is for the following purposes:

  • Display or retail sale of goods, other than hot food
  • Sale of food and drink for consumption (mostly) on the premises
  • Provision of:
    • Financial services,
    • Professional services (other than health or medical services), or
    • Other appropriate services in a commercial, business or service locality
  • Indoor sport, recreation or fitness (not involving motorised vehicles or firearms)
  • Provision of medical or health services (except the use of premises attached to the residence of the consultant or practitioner)
  • Creche, day nursery or day centre (not including a residential use)
  • Uses which can be carried out in a residential area without detriment to its amenity:
    • Offices to carry out any operational or administrative functions,
    • Research and development of products or processes
    • Industrial processes

But, when I asked how that worked in conjunction with the Primary Shopping Frontages as defined in our Local Plan (E17 & E18) they said that a case would need to be opened.

I know that Wotton Town Council fought hard for these inclusions in the Local Plan. They were intended to prevent shops being changed into office space which was considered detrimental to the fabric of the High Street.

So I've asked Planning to go ahead and open a case as I thought we needed to get clarity on the matter.

I have now been informed that protections to the high street afforded by E17 & E18 no longer apply. This means that shops on the main high street can be turned into office space without the need for planning permission. I'd still recommend seeking professional advice though as there are a few gottchas!

Planning enforcement investigation


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