The Town and Country Planning (Use Classes) Order 1948 (SI 1948/954) is a statutory instrument, applying in England and Wales.
| Statutory Instrument | |
| Citation | SI 1948/954 |
|---|---|
| Territorial extent | England and Wales |
| Dates | |
| Made | 5 May 1948 |
| Commencement | 1 July 1948 |
| Other legislation | |
| Made under | Town and Country Planning Act 1947 |
| Revoked by | Town and Country Planning (Use Classes) Order 1950 |
Status: Repealed | |
| Text of statute as originally enacted | |
The concept of statutory use classes was introduced by the Town and Country Planning Act 1947. So they could be easily updated from time to time, the classes were set out in secondary legislation. The Town and Country Planning (Use Classes) Order 1948 was the first such order.[1]
The purpose of the use classes, at least initially, was to determine if planning permission was necessary and if a development charge was payable.[2] The development charge was a tax on the value of the betterment of the land.[3]
The 1948 order was replaced by the Town and Country Planning (Use Classes) Order 1950.
Use classes
editThere were twenty-two use classes from 1948.[3]
| Class | Description |
|---|---|
| I | Shop[a] for any purpose except as:
|
| II | Office, including a bank |
| III | Light industrial[b] |
| IV | General industrial[c] |
| V | Alkali, &c. Works Regulation Act 1906 registerable activity, except ancillary processes Any of the following that are not registerable:
|
| Special industrial group A | |
| VI | Any of the following (that are not in Class V):
|
| Special industrial group B | |
| VII | Any of the following (that are not in Class V):
|
| Special industrial group C | |
| VIII | Any of the following (that are not in Class V): The distilling, refining or blending of oils, the production or employment of cellulose lacquers (except their employment in garages in connection with minor repairs), hot pitch or bitumen, or pyridine; the stoving of enamelled ware; the production of amyl acetate, aromatic esters, butyric acid, caramel, hexamine, iodoform, B-naphthol, resin products (except synthetic resins, plastic moulding or extrusion. compositions and plastic sheets, rods, tubes, filaments, fibres or optical components produced by casting, calendering, moulding, shaping or extrusion), salicylic acid, or sulphonated organic compounds; paint and varnish manufacture (excluding mixing, milling and grinding); the production of rubber from scrap; or the manufacture of acetylene from calcium carbide, for sale or for use in a further chemical process |
| Special industrial group D | |
| IX | Any of the following (that are not in Class V):
|
| Special industrial group E | |
| X | Wholesale warehouse for any purpose, except storage of offensive or dangerous goods |
| XI | Repository for any purpose except storage of offensive or dangerous goods |
| XII | Building for public worship or religious instruction or for the social or recreational activities of the religious body using the building |
| XIII | Residential or boarding school, residential college, an orphanage or home or institution providing for the boarding, care and maintenance of children (other than hospital, home, hostel, or institution included in Class XVII or Class XVIII) |
| XIV | Boarding or guest house, residential club, hostel or hotel providing sleeping accommodation |
| XV | Convalescent home, nursing home, sanatorium or hospital (not for persons of unsound mind, mental defectives, or epileptic persons) |
| XVI | Health centre, school treatment centre, clinic, creche, day nursery or dispensary, or use as consulting room or surgery (not residentially) |
| XVII | Hospital, home or institution for persons of unsound mind, mental defectives, or epileptic persons |
| XVIII | Home, hostel or institution in which persons may be detained by order of court or which is approved by one of His Majesty’s Principal Secretaries of State for persons required to reside there as condition of probation or supervision order |
| XIX | Theatre, cinema or music hall |
| XX | Art gallery (other than for business purposes), museum, public library or public reading room |
| XXI | Dance hall, skating rink, swimming bath, turkish or other vapour or foam bath or gymnasium, or for indoor games |
| XXII | Public hall, concert hall, an exhibition hall, social centre, community centre or non-residential club |
See also
editNotes
edit- ↑ Defined as a building used for the carrying on of any retail trade or retail business wherein the primary purpose is the selling of goods (excluding refreshments other than light refreshments - eatables not cooked on the premises, and beverages) by retail, and without prejudice to the generality of the foregoing includes building used for the purposes of hairdresser, undertaker, ticket agency or receiving office for goods to be washed, cleaned or repaired, or for other purposes appropriate to shopping area, but does not include building used as an amusement arcade, pin-table saloon, funfair, garage, petrol filling station, hotel or premises licensed for the sale of intoxicating liquors for consumption on the premises.
- ↑ Defined as an industrial building (that is not a special industrial building) in which the processes carried on or the machinery installed are such as could be carried on or installed in any residential area without detriment to the amenity of that area by reason of noise, vibration, smell, fumes, smoke, soot, ash, dust or grit.
- ↑ Defined as other than light industrial building or special industrial building.
References
editCitations
editSources
edit- FitzGerald, Richard C. (1948). "Planning and Development under the Town and Country Planning Act, 1947" (PDF). The Modern Law Review. 11 (4): 401–428. ISSN 0026-7961.
- Home, Robert (1992). "The Evolution of the Use Classes Order" (PDF). The Town Planning Review. 63 (2): 187–201. ISSN 0041-0020.