Change of Use Planning Permission Leicester: Rules & Process

Changing how a property or piece of land is used can unlock new opportunities for homeowners, landlords, businesses and property developers in Leicester. However, a proposed change of use can also require planning permission, prior approval or another form of planning consent.

Whether you want to convert a shop into a restaurant, an office into residential accommodation, a commercial property into flats, or an industrial building into a leisure facility, the first step is to establish the property’s existing lawful use and determine whether the proposed use falls within the same Use Class or represents a material change of use.

Understanding change of use planning permission in Leicester can help you identify the correct planning route before committing to building work, purchasing a property or starting a new business use.

This guide explains when planning permission may be required, how Use Classes work, when permitted development rights or prior approval may apply, how Leicester’s Article 4 Directions can affect development, what the application process involves and the issues Leicester City Council may consider.

What Is Change of Use in Planning?

In planning law, a change of use occurs when land or a building is used for a different planning purpose from its established lawful use.

The planning system in England divides many uses into defined Use Classes under the Town and Country Planning (Use Classes) Order 1987, as amended.

A change within the same Use Class may not normally require planning permission. However, moving from one Use Class to another can require permission unless a specific permitted development right or other planning rule allows the change.

The Planning Portal confirms that whether permission is needed depends on the specific proposed change, associated building works and the planning rules applying to the property.

This means you should not assume that every change of business use requires a planning application—or that every change within a building is automatically permitted.

Understanding Use Classes in Leicester

Use Classes are important because they help determine whether a proposed change requires planning permission.

Some of the current classes relevant to Leicester property owners and developers include:

Class E – Commercial, Business and Service
Class C3 – Dwellinghouses
Class C4 – Houses in Multiple Occupation
Class B2 – General Industrial
Class B8 – Storage and Distribution
Class F1 – Learning and Non-Residential Institutions
Class F2 – Local Community
Sui Generis – Uses that do not fall within a specified Use Class

Class E covers a broad range of commercial, business and service uses, including retail, professional services, cafés and restaurants where the relevant criteria are met.

C3 covers dwellinghouses, while C4 covers small HMOs occupied by between three and six unrelated individuals as their only or main residence. Uses outside the defined classes can be Sui Generis, meaning they are treated as being in a class of their own.

The existing lawful use of a property should therefore be established before deciding what planning permission may be required.

Do You Need Change of Use Planning Permission in Leicester?

Not every change of use requires a planning application.

Generally, a change from one Use Class to another may require planning permission unless:

The change remains within the same Use Class;
A permitted development right allows the change;
The proposed use is otherwise lawful without planning permission; or
Another planning mechanism, such as prior approval, applies.

The Planning Portal recommends checking the specific circumstances with the relevant local planning authority before changing the use of land or buildings.

For Leicester properties, this means checking the planning history, existing lawful use, proposed use and any restrictions affecting the site.

Examples of Changes That May Require Planning Permission

Depending on the circumstances, examples can include:

Converting a shop to a pub or other Sui Generis use
Changing a commercial property to a use outside Class E
Converting a property into a use that falls within a different residential class
Changing an industrial premises to a leisure use
Converting land from one planning use to another
Introducing a materially different business activity that changes the planning character of the property

For example, a shop within Class E can generally change to a café within the same class without planning permission for the change of use itself, although associated works may require permission. A change from a shop to a public house or hot food takeaway is different because those uses are generally Sui Generis and do not benefit from the same Class E flexibility.

Why the Existing Lawful Use Matters

Before applying for change of use planning permission, you need to establish what the property is lawfully being used for.

The current use is not necessarily determined simply by how the property is being used today. Planning history, previous permissions, certificates and the established lawful use of the property may all be relevant.

The Planning Portal advises that property owners should contact the local planning authority to establish the existing planning use of a particular property.

This is particularly important when buying a commercial property with plans to convert it to another use.

If the existing lawful use is unclear, professional planning advice or a Lawful Development Certificate may be appropriate depending on the circumstances.

Permitted Development and Change of Use in Leicester

Some changes of use can benefit from permitted development rights, meaning that a full planning application may not be required.

However, permitted development rights are subject to detailed conditions and limitations. Some rights also require a prior approval application before the change can proceed.

For example, certain Class E commercial, business and service uses can potentially change to residential use under permitted development rights, subject to the relevant limitations and prior approval requirements.

This distinction is important:

Permitted development does not always mean “no planning process”.

A project may not require a full planning application but may still require the local planning authority to consider specified matters through a prior approval process.

Leicester City Council also confirms that some changes of use can benefit from permitted development rights but may still require prior approval.

Article 4 Directions in Leicester

One of the most important local considerations is whether the property is affected by an Article 4 Direction.

An Article 4 Direction can remove specified permitted development rights in a particular area or for particular properties. Where a relevant right has been removed, development that might otherwise proceed under permitted development may require a planning application.

Leicester City Council confirms that Article 4 Directions apply to specific areas and properties and can remove permitted development rights. The council currently identifies Article 4 controls in Leicester and provides information for checking whether a property is affected.

This is particularly important for certain HMO conversions in Leicester. The council states that small HMOs of up to six unrelated people can usually benefit from permitted development, but an Article 4 Direction can remove that right, meaning planning permission is required.

Therefore, a property owner should check the specific address rather than assuming that a national permitted development right applies automatically.

Change of Use in Leicester Conservation Areas

Leicester contains areas with historic and architectural interest where additional planning controls may apply.

If your property is located within a conservation area, the proposed change of use should be assessed alongside any external alterations required to facilitate the new use.

For example, a commercial-to-residential conversion might involve:

New windows or doors
Alterations to shopfronts
External ventilation
Extraction equipment
Changes to signage
Parking or access alterations
Other external building works

These physical changes may create separate planning considerations.

Leicester City Council confirms that conservation areas can have additional restrictions and that Article 4 Directions can remove certain permitted development rights.

Change of Use for Listed Buildings in Leicester

A listed building requires particular care because planning permission and Listed Building Consent are separate legal regimes.

Changing the use of a listed property may require planning permission, while physical alterations that affect the building’s special architectural or historic interest may require Listed Building Consent.

For example, converting a listed commercial property into residential accommodation may involve:

Internal alterations
New kitchens and bathrooms
Changes to doors and windows
Structural work
Fire-safety improvements
New services
Changes to external appearance

The planning implications should therefore be assessed before works begin.

Common Change of Use Scenarios in Leicester

Shop to Restaurant, Café or Takeaway

A change from one Class E use to another may not normally require planning permission for the change of use itself.

However, a proposal to change a shop to a pub or hot food takeaway is different because those uses are generally Sui Generis. The Planning Portal confirms that changing a shop to a public house or takeaway will generally require planning permission.

Additional issues can include:

Opening hours
Noise
Odour
Extraction systems
Deliveries
Waste storage
Parking
Highway safety
Impact on nearby residential properties

Office to Residential

Converting commercial premises to residential accommodation is a common development proposal.

Certain Class E-to-residential conversions can benefit from permitted development rights, but the relevant conditions and prior approval requirements must be satisfied.

The proposal should therefore be checked against the specific permitted development right rather than assuming that every office-to-residential conversion is automatically permitted.

Industrial to Leisure

Changing an industrial building to a gym, leisure facility, play centre or another activity can represent a significant change in planning impact.

The council may consider:

Traffic
Parking
Noise
Operating hours
Deliveries
Employment impacts
Neighbour amenity
Highway safety

Depending on the existing and proposed uses, planning permission may be required.

Commercial Property to Residential

Converting commercial premises into homes can be attractive to developers, but the applicable planning route depends on the existing use, proposed residential use, property type, location and relevant permitted development rights.

Where permitted development is not available or its conditions are not satisfied, a full planning application may be necessary.

HMO Change of Use

Changing a dwellinghouse into an HMO can raise both planning and licensing issues.

In Leicester, Article 4 Directions are particularly relevant because they can remove permitted development rights for certain C3-to-C4 HMO conversions. Leicester City Council provides an online means of checking whether a property is within an affected area.

Planning permission and HMO licensing should not be treated as the same requirement.

What Does Leicester City Council Consider?

Where a full planning application is required, the council will assess the proposal against the relevant planning policies and material considerations.

Depending on the proposed use, relevant issues can include:

Neighbour Amenity

The council may consider whether the new use could create:

Noise
Odours
Disturbance
Loss of privacy
Increased activity
Unsociable operating hours

Parking and Highways

A change of use can alter the number and type of vehicle movements associated with a property.

The council may therefore consider:

Parking provision
Access
Highway safety
Deliveries
Pedestrian movement
Traffic generation

Design and External Alterations

Where physical changes are proposed alongside the change of use, the council may assess:

Appearance
Scale
Materials
Layout
Relationship with neighbouring buildings
Effect on the surrounding area

Heritage

Listed buildings and conservation areas may require additional assessment where the proposed use or associated works could affect heritage significance.

Local Planning Policy

The proposal will need to be assessed against the applicable development plan and other material planning considerations.

Relevant policies can include those relating to:

Housing
Employment
Town centres
Retail
Heritage
Transport
Design
Community facilities
Sustainability

Change of Use Planning Application in Leicester: Step-by-Step

If your proposal requires full planning permission, the process will generally involve the following stages.

1. Establish the Existing Lawful Use

Determine the property’s existing planning use and review relevant planning history.

2. Identify the Proposed Use

Establish which Use Class the proposed activity falls within and whether the change is material.

3. Check Permitted Development Rights

Before preparing a full application, establish whether a permitted development right or prior approval route applies.

4. Check Leicester Article 4 Restrictions

Confirm whether the property is affected by an Article 4 Direction or another local restriction.

5. Obtain Pre-Application Advice

Where appropriate, obtain advice from Leicester City Council before submitting the application.

6. Prepare the Supporting Documents

Depending on the proposal, this may include:

Location plan
Site plan
Existing and proposed floor plans
Existing and proposed elevations
Planning statement
Transport information
Heritage information
Design information
Environmental information
Other specialist reports

The exact requirements depend on the type and scale of development.

7. Submit the Application

The application can generally be submitted through the Planning Portal or the relevant local authority process.

8. Validation and Consultation

The council will check whether the application contains the required information and may consult neighbours and relevant bodies.

9. Planning Assessment

The proposal will be assessed against national and local planning policy and relevant material considerations.

10. Decision

The council will issue a decision, which may grant permission, grant permission subject to conditions, or refuse the application.

How Long Does Change of Use Planning Permission Take in Leicester?

There is no single timeframe that applies to every change of use application.

The statutory determination period will depend on the type of application and whether it is a major development or another category.

A straightforward application may progress within the standard statutory timeframe, but more complex proposals can take longer where additional information, consultation, amendments or extensions of time are involved.

Applicants should therefore avoid planning a commercial opening or construction programme on the assumption that approval will be granted by a particular date.

What Happens If You Change Use Without Planning Permission?

If planning permission is required and a property is changed to an unauthorised use, the local planning authority may take enforcement action.

Potential consequences can include:

An enforcement notice
Requirements to stop the unauthorised use
Requirements to restore the previous lawful situation
Legal costs
Delays to a property sale or refinancing
Difficulties obtaining retrospective permission

This is why establishing the lawful planning position before starting the new use is important.

If there is uncertainty about whether an existing use is lawful, a Lawful Development Certificate may provide formal confirmation where the legal requirements are satisfied. A Lawful Development Certificate establishes lawfulness; it does not grant planning permission for development that otherwise requires it.

Change of Use and Building Regulations

Planning permission is not the only approval that may be relevant.

A change of use can also trigger Building Regulations requirements, particularly where physical works are required or the change represents a material change of use.

The Planning Portal confirms that Building Regulations may apply to certain changes of use even where the owner may not initially regard the project as building work.

Depending on the proposal, issues can include:

Structural stability
Fire safety
Escape routes
Accessibility
Ventilation
Energy efficiency
Sanitation
Electrical or other building services

Planning permission and Building Regulations should therefore be assessed separately.

Common Mistakes to Avoid

Assuming Every Change of Use Needs Planning Permission

Some changes can occur within the same Use Class or under permitted development rights.

Assuming No Planning Permission Means No Planning Process

Some permitted development rights require prior approval.

Ignoring Article 4 Directions

A permitted development right may have been removed for the particular property or area.

Using Outdated Use Classes

Older references such as A1, A2, A3, A4 and A5 may still appear in historic planning documents, but the current Use Classes Order in England uses the post-2020 framework. The Planning Portal confirms that Class E now encompasses a broad range of commercial, business and service uses.

Assuming the Current Business Use Is Automatically Lawful

The established lawful planning use should be confirmed before relying on it as the starting point for a proposed change.

Ignoring Associated Building Work

Even if a change of use itself does not require planning permission, external alterations or other development associated with it may require separate approval.

Frequently Asked Questions

Do I need planning permission to change the use of a property in Leicester?

Possibly. It depends on the existing lawful use, proposed use, relevant Use Classes, permitted development rights and any local restrictions affecting the property.

Can I change from one Class E use to another without planning permission?

In many circumstances, changes within Class E can occur without planning permission for the change of use itself. However, the exact circumstances and any associated building work should be checked before proceeding.

Can I convert an office into a flat in Leicester without planning permission?

Some Class E commercial-to-residential conversions may benefit from permitted development rights, but they are subject to specific conditions and prior approval requirements. The property’s location and any Article 4 Direction must also be checked.

Does Leicester have Article 4 Directions?

Yes. Leicester City Council confirms that Article 4 Directions remove specified permitted development rights in particular areas or for particular properties.

Do I need planning permission to convert a house into an HMO in Leicester?

It depends on the proposed HMO use, number of occupants and location. Leicester has Article 4 controls affecting certain C3-to-C4 HMO conversions, so the specific property should be checked.

Does changing a shop into a restaurant require planning permission in Leicester?

Not necessarily. A shop and a café/restaurant can fall within Class E where the relevant definition is satisfied. However, changing a shop to a pub or hot food takeaway is different and will generally require planning permission because those uses are Sui Generis.

Can I change the use of a listed building?

Potentially, but listed buildings are subject to additional controls. Planning permission and Listed Building Consent are separate matters and may both be required depending on the proposal.

What if I have already changed the use without permission?

Do not assume the use is automatically unlawful or automatically lawful. The planning history, nature of the use and relevant legal rules should be investigated. A Lawful Development Certificate may be appropriate in some circumstances.

Conclusion: Change of Use Planning Permission Leicester

Change of use planning permission in Leicester depends on the relationship between the property’s existing lawful use and the proposed use, as well as the applicable Use Classes, permitted development rights, prior approval requirements and local restrictions.

Some changes may take place within the same Use Class without a planning application, while other proposals require full planning permission. Certain permitted development rights can also be removed by an Article 4 Direction, making it essential to check the specific property rather than relying solely on national rules.

For Leicester property owners and developers, early checks can help identify the correct planning route before money is spent on design, construction or a new business operation.

If you are considering a change of use in Leicester, Charrette Law can help assess the planning position, identify the appropriate application route and advise on planning issues affecting your proposed development.

Contact Charrette Law for professional advice on change of use planning permission in Leicester.

Change of Use Planning Permission Leicester: Rules & Process