E or F1 – Finding the right use class for your church hall

The Town and Country Planning (Use Classes) Order changed significantly in September 2020. Before this date, places of worship and children’s day nurseries, creches and medical uses all fell under the same D1 Use Class. 

In September 2020, the D1 Use Class was abolished, seeing those uses previously listed under the Class moved to two new different Use Classes. Places of worship fell under the new F1 Use Class for learning and non-residential institutions. It additionally included the provision of education, museums, public libraries and reading rooms, the display of works of art (other than for sale or hire), public or exhibition halls and law courts.

Children’s day nurseries, creches and medical uses were included in the new E Use Class for commercial, business and service uses. This Use Class also includes retail, office and other commercial uses.

It has traditionally been common or even usual for church halls to be used for and leased to children’s day nurseries, creches and play schools. Whilst the changes in September 2020 saw these two assets set into two different use classes, the type and frequency of use affect how the changes are to be applied.

In planning terms, operating a nursery in a church hall usually does not require planning permission, if it is part of a range of other community activities. Planning permission would however almost definitely be required if the wider church hall use were to cease, and the building put solely to use as a nursery, as this would very likely be considered by the local authority as a material change of use given the difference in use class. In more nuanced cases, whether a material change of use has taken place is a matter of fact and degree and this will be determined on the individual merits of a case – there is no statutory definition of what is considered to be a “material” change of use.

It might be thought, or possibly even intended, that children’s day nurseries and creches, as educational uses, would fall under both the E and F1 Use Classes. It has, however, been our experience that since the changes took place, childcare providers have sought an E Class use rather than F1.

It may also be thought that the change in the Use Classes Order has meant that childcare providers have no longer been able to use church halls. However, nothing seems to have changed where a nursery or creche is already in occupation of a church hall prior to September 2020, with those already in situ remaining in place and even renewing leases where they have expired.

We have yet to come across a single case where a childcare provider has vacated a church hall as a result of the change in the Use Classes Order. However, when a church looks to let a vacant hall, it is likely to be more difficult to find a new tenant due to the resulting reduced pool of potentially interested parties looking to take on a formal lease under the F1 use class.

Rapleys’ Charities & Not for Profit experts have extensive experience in advising church and other charity clients in positioning their premises for successful leasing of premises, providing expert agency and planning advice to allow for negotiating terms with existing occupiers or finding new tenants for vacant space.