Planning Sui Generis

 

The word 'Sui Generis', which translates to 'of its kind', refers to a range of different uses that don't naturally fall into any one use class. Some examples of sui generis uses include petrol filling stations, nightclubs, theatres, and scrap yards. As its name suggests, this type of planning application doesn't automatically qualify for permitted development rights. For this reason, it is essential to seek relevant advice when planning for such a use. Earlier, this use class included Pay-day loan shops, but this has been removed since April 2016.

 

The classification of a building's use depends on its main use. Museums, for example, frequently have an office attached. The office is ancillary to the museum, but not in the same Use Class as the museum. Likewise, a building with two uses is a building that is sui generis rather than a mixed-use development. Some buildings, such as museums, will be able to meet both requirements.

 

The permitted development rights allow for the change of use class for certain properties. If the change of use is for a materially different use from what it was before, this will require planning permission. Fortunately, a change of use sui generis use class to a different use class doesn't always require planning permission, as long as the proposed use isn't too extreme. A lawful development certificate must also contain a detailed description of the proposed use, its operations, and its characteristic features.

 

Whether it is a house or an apartment, a Sui Generis use will impose higher regulations on a property. Sui Generis developments must have access for cyclists, bicycles, and public transport. They also must have good acoustics and a solid fire compliance strategy. If the development is too large, the neighbours will likely object. This is not uncommon, as neighbours often group to comment on planning applications.

 

The new use class for petrol stations, takeaways, and shops selling motor vehicles is known as "Sui Generis" and applies to these buildings. However, the former A4 and D2 use classes have been amended by the Town and Country Planning (Use Classes) Regulations 2020. As a result, these properties can no longer be considered'sui generis'. Nevertheless, some properties can fall under either of these use classes.

 

In many cases, these changes in planning law will lead to property valuations corresponding to the new classification. If property owners successfully achieved the desirable change of use, they may discover that their planning permission is unnecessary, or that their value does not increase. As a result, valuations within the new use class will likely level out. The Government's new approach to planning law will make it easier to unlock previously impractical uses. https://en.wikipedia.org/wiki/Planning.