Commercial Occupiers

A barber shop or nail bar in a small unit

7 min readBy PlanScope Editorial Team

Moving a barber shop or nail bar into a former Class E shop rarely needs planning permission. The extract scheme, shopfront, signage and separate registration regimes are another matter.

A barber shop change of use planning question usually ends the same way: both barbers and nail bars fall within Class E(a) or E(c) of the Use Classes Order, and moving into a former shop in the same class needs no planning permission at all. The 2020 amendment to the Town and Country Planning (Use Classes) Order 1987 folded retail, financial and professional services, restaurants, indoor sport, medical uses and offices into a single Class E, and movement within a class is not development under section 55 of the Town and Country Planning Act 1990.

What you will need permission for is almost everything physical. The extract duct, the shopfront, the signage, sometimes the hours.

The use class position for personal service premises

Hairdressers and barbers have long been treated as Class A1 retail, and since 1 September 2020 they sit in Class E(a), the sale of goods and services principally to visiting members of the public. Nail bars, beauty salons and treatment rooms sit in the same territory, with some falling under E(c)(iii) as a service provision to visiting members of the public.

The distinction between E(a) and E(c) rarely matters, because both are inside Class E and movement between them is not development. What does matter is the edge of Class E. Tattoo and piercing studios have been treated as sui generis in many decisions, and a premises that moves towards tanning, massage or treatments requiring a special licence can drift outside the class. The same boundary question arises for health uses, and our note on opticians, pharmacies and the Class E health boundary works through it. Where a business combines activities, officers look at the primary use and whether the secondary activity is ancillary or has become a separate use in its own right.

So the practical question is not "what class is a nail bar" but "what is the lawful use of this unit today, and does my business stay inside it".

Whether an application is needed for a former shop

Start with the planning history rather than with the shutters. A unit that traded as a newsagent will almost always be Class E and open to you without an application. A unit that was last a hot food takeaway is sui generis, and a unit that was last a betting shop or a payday loan shop is also sui generis, so moving to a salon is a material change of use that needs permission. The route out of a sui generis unit is the same one set out in our piece on micro-pubs in former shop units.

Three traps catch people.

Conditions on the original permission can restrict the use more tightly than the class does, for example limiting the premises to A1 retail as defined at the date of the permission. The courts have held that such wording can survive the 2020 reclassification, so read the conditions on every historic permission for the unit.

An Article 4 direction can remove the permitted development rights that would otherwise let you move between uses or carry out works. Check the authority's Article 4 register for the parade.

And a lease is not planning. A permitted user clause saying "hairdressing only" binds you to your landlord regardless of what the Use Classes Order allows.

Where the use was something else and the record is unclear, a certificate of lawfulness of the existing use is the formal route to confirm it, and that is the only way to be certain rather than hopeful.

Ventilation for solvents and acrylic dust

This is where nail bars differ from barbers, and where environmental health drives the application.

Acrylic nail work releases methacrylate vapour and, when filing cured product, fine acrylic dust. Gel work adds solvents and the curing lamp. A barber shop is a different proposition altogether, generating hair, aerosol products and, where a wet shave service runs, steam. Councils in practice ask for an extract scheme for nail and beauty premises in a terrace with flats above, and almost never for a dry barber shop.

Where extraction is proposed, the planning issues are the duct route, its termination height, external appearance and the noise of the fan. A ventilation and extraction statement should set out the air change rate, the filtration, the duct material and the discharge point, and should show the duct on an elevation rather than describing it. Where plant noise could affect residential windows, a noise impact assessment to BS 4142:2014+A1:2019 gives the environmental health officer the rating level against background, which is the figure they will ask for.

Expect to be asked for local extraction at the workstation as well as general room ventilation, because the exposure that matters most is the operator's rather than the street's. That part sits under the Control of Substances Hazardous to Health regime rather than planning, and the Health and Safety Executive publishes guidance on nail bar ventilation that repays a read before you design the scheme.

Waste, sharps and product storage

Salon waste is not ordinary commercial refuse. Used blades, needles where microblading or piercing is offered, and chemical residues need segregated storage and a collection contract, and officers reviewing a change of use in a town centre will ask where the bins go.

Three points come up repeatedly. Bin storage must be within the demise rather than on the pavement, since highway obstruction is a separate offence. Flammable product storage, including acetone and some monomers, affects the fire strategy and the insurance position. And a sharps contract is a licensing and waste duty matter rather than a planning one, but the absence of one shows up as a refusal reason when the officer concludes the servicing arrangements are inadequate.

Hours, Sunday trading and street activity

Existing units often carry an hours condition from a previous permission. A barber wanting to open at 7am in a parade with flats above may need that condition varied under section 73, which is a full application with its own fee and its own consultation.

Sunday trading restrictions under the Sunday Trading Act 1994 apply to large shops by floor area and will not catch a small salon. What can catch you is an A-board on the footway, which needs the highway authority's consent, and queueing or chairs outside, which may amount to a separate use of the highway.

A new shopfront is operational development and needs permission in most cases, and in a conservation area or on a listed building the bar is much higher. Replacing a traditional timber shopfront with an aluminium one is a common refusal reason in historic parades.

Advertisements are controlled separately under the Town and Country Planning (Control of Advertisements) (England) Regulations 2007. Some signs benefit from deemed consent, including certain fascia signs within size and brightness limits. Internally lit fascias and projecting signs in conservation areas usually need express consent, and the regulations also create areas of special control where the test is tighter again.

Where the shopfront and the extract duct are both proposed, submit them as one application with a short planning statement covering use, works and amenity together. Two separate applications on the same unit invite inconsistent conditions.

Registration requirements separate from planning

Several regimes run alongside and none of them substitute for planning permission.

Requirement Regime Who administers it
Special treatment or skin piercing registration or licence Local Government (Miscellaneous Provisions) Act 1982 and local Acts, including the London Local Authorities Act Environmental health at the council
Food registration where drinks or snacks are served Food hygiene regulations Environmental health at the council
Waste duty of care and sharps disposal Environmental Protection Act 1990 The council and the Environment Agency
Workplace exposure control Control of Substances Hazardous to Health Regulations 2002 Health and Safety Executive

Registration under the 1982 Act regime is the one most often forgotten, and in London boroughs it applies to a wide range of treatments including some offered in ordinary nail bars. Ask the environmental health team what is registrable in that borough before you fit out.

Enter your postcode on PlanScope to see which documents a salon fit-out in a particular unit is likely to need.

This is general guidance, not legal advice; check the position with your local planning authority or a qualified professional before relying on it. PlanScope provides AI-assisted draft reports for planning applications. Reports should be reviewed before submission. We do not guarantee planning approval.

Frequently asked questions

Do I need planning permission to open a barber shop in a former shop unit?

Usually not, if the unit's lawful use is within Class E. Barbers and nail bars both sit in Class E, and movement within a class is not development. Check the conditions on the unit's planning history and any Article 4 direction first, because a condition can restrict the use more tightly than the class does.

What use class is a nail bar?

A nail bar falls within Class E, usually E(a) as the sale of services to visiting members of the public or E(c)(iii) as a service provision. The exact sub-class rarely matters because movement within Class E is not development. Treatments requiring special registration can push a premises towards a sui generis use.

Does a nail bar need a ventilation scheme for planning?

Often yes where there are flats above or nearby. Acrylic work releases methacrylate vapour and fine dust, and councils commonly require an extract scheme with a stated air change rate, filtration and discharge point. The duct route and fan noise are the planning issues, so show the duct on an elevation and assess plant noise.

Can I change from a hot food takeaway to a salon without permission?

No. Hot food takeaways are sui generis and sit outside Class E, so moving to a salon is a material change of use requiring planning permission. The same applies to former betting shops and payday loan shops. Check what the unit's last lawful use actually was rather than what it looks like.

Do I need advertisement consent for a new fascia sign?

Some fascia signs benefit from deemed consent under the advertisement regulations within size and illumination limits. Internally lit signs, projecting signs and anything in a conservation area or on a listed building usually need express consent. A new shopfront is separate operational development needing planning permission.

Sources and further reading

use classeschange of useclass ecommercial occupiersventilationshopfront

This article is general guidance about the planning system in England and, where stated, the rest of the UK. It is not legal or professional advice. Check your local planning authority’s validation requirements and take professional advice for your specific site.

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