Class E(e) and E(f): clinics, creches and day nurseries
Medical services sit in Class E(e) and creches and day nurseries in E(f). The use change is often free, but conditions, drop-off and play space decide whether it works.
A day nursery and a GP surgery sit in the same use class. Both fall inside Class E of the Town and Country Planning (Use Classes) Order 1987 as amended in 2020, at sub-paragraphs E(f) and E(e) respectively, which means the nursery use class question most operators start with has a short answer: if the premises are already lawfully in Class E, moving to a nursery or a clinic is not development at all and no permission is needed.
The longer answer is where the money goes. Conditions on the existing permission, Article 4 directions, highway capacity and the physical fit of the building all bite whether or not the use class changes.
What Class E(e) covers
Class E(e) is the provision of medical or health services, with one carve-out: premises attached to the residence of the consultant or practitioner sit outside the class. So a dental practice, a physiotherapy clinic, a GP surgery, an audiology service and a private diagnostic clinic are all E(e). A consulting room in the practitioner's own house is not, and that arrangement is judged on whether the residential use remains the primary one.
Residential care and treatment with overnight stays fall outside E entirely, into Class C2. The line is occupation, not clinical intensity. A minor surgery unit where patients go home the same day stays in E(e). A unit with beds does not.
What Class E(f) covers
Class E(f) is a creche, day nursery or day centre, expressly not including a residential use. Adult day centres, after-school provision run as a day-care business and full day nurseries all sit here.
Two edges cause trouble. Overnight care takes the use out of E(f). And a nursery attached to a school is usually part of the school's Class F1 use rather than a separate E(f) operation, which matters when a school site is sold off in parts.
Moving in from a shop or an office
Section 55(2)(f) of the Town and Country Planning Act 1990 puts changes within a single use class outside the definition of development. Shop to nursery, office to clinic, restaurant to day centre: all internal to Class E, all outside planning control as a matter of use.
Three things override that, and all three need checking before heads of terms are signed.
- Conditions on the existing permission. A condition restricting the premises to retail use only, or removing Class E flexibility, is common on units in newer developments and on schemes granted before 2020. Read the decision notice and every condition on it.
- Article 4 directions. Councils can remove permitted development rights, and some have made directions affecting town centre premises.
- Physical works. New shopfronts, extract ducts, external plant, air conditioning condensers, ramps and fire escapes are operational development and need permission in their own right, listed building consent if relevant, and advertisement consent for signage.
The change of use may be free. The works to make the building usable rarely are.
Local plan frontage policies are the other thing to read early. Many councils still designate primary and secondary shopping frontages and set percentage limits on non-retail uses within them. Since 2020 those policies cannot prevent a move within Class E, because there is no development to control, but they do shape what an officer will accept when you later apply for the shopfront, the signage or an extension. A clinic that has quietly replaced a shop in a designated frontage sometimes finds the council unenthusiastic about the external works that follow.
And check the rating and lease position alongside the planning one. A use restriction in a lease is enforceable by the landlord whatever the Use Classes Order says, and it is a more common obstacle in practice than the planning position.
Play space, drop-off and the highway questions
Nurseries fail on highways more often than anything else. A 60-place nursery concentrates arrivals and departures into two short windows, and a residential street with no on-site drop-off will attract objections from the highway authority and every neighbour within sight of the gate.
Deal with it with evidence rather than assertion. A Transport Statement setting out staff numbers, child numbers, expected arrival profile, on-site drop-off provision and a staggered start proposal answers the question a highway officer is asking. Where on-street capacity is the contested point, a Parking Survey carried out to a recognised methodology gives the officer something measurable instead of competing opinions.
Outdoor play space is the other physical constraint, and it is driven by the childcare regime rather than by planning. The statutory framework for the early years foundation stage sets indoor space requirements of 3.5 m² per child under two, 2.5 m² for two-year-olds and 2.3 m² for children aged three to five, and requires access to outdoor play space or daily outings. Those numbers set the capacity of the building, so work them out before you agree a rent based on an assumed roll.
Where outdoor space adjoins housing, expect the noise of children at play to be raised. It is a legitimate amenity consideration, though councils generally treat it differently from plant noise, and the usual answer is a condition on hours of outdoor use and on numbers outside at any one time.
The registrations that sit alongside planning
Planning permission is one of four or five approvals, and none of them substitutes for another.
Early years providers register with Ofsted. Clinical services register with the Care Quality Commission. Both regimes have their own space, staffing and safety requirements that can be stricter than anything the planning system asks for. Building regulations approval covers fire safety, means of escape, accessible provision under Approved Document M and ventilation. Food preparation brings environmental health registration.
A nursery that has planning permission and no viable escape route from the first floor is not a nursery. Sequence the technical work so the building regulations position is understood before the lease completes.
Conditions to expect
Councils granting permission for these uses, where permission is needed, apply a fairly consistent set of conditions. Opening hours, typically closing earlier than a retail use. A cap on the number of children or patients. Restrictions on outdoor play hours. Details of external plant, extract and acoustic attenuation. A servicing and delivery management arrangement. Sometimes a travel plan with monitoring.
Where plant noise is contested, a Noise Impact Assessment using the appropriate standard for the source is the document that resolves it, and environmental health will read it more carefully than the planning officer does.
Illustrative example. A vacant former bank on a suburban parade, converted to a 45-place nursery. The use change is internal to Class E. The application that does get made covers a rear extract terminal, a fenced play area formed from the staff car park, and an access alteration. The reports that matter are transport, noise and a short heritage note because the parade sits in a conservation area. Numbers here are illustrative.
What to submit
For a straightforward move within Class E with no external works, nothing. Consider a lawful development certificate under section 192 of the 1990 Act if a lender or a landlord wants certainty, because that is the only formal way to confirm the position.
Where permission is needed, the pack is a location plan, existing and proposed floor plans and elevations, a Planning Statement dealing with the use, the highway evidence and the amenity mitigation, plus the technical reports the constraints call for. Check the council's local validation list, because it, and not the national requirements alone, decides whether the application is registered.
This is general guidance, not legal advice; check the position with your local planning authority or a qualified professional before relying on it. Enter your postcode on PlanScope to see which reports your premises are likely to need. 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 turn a shop into a day nursery?
Usually not for the use itself. Shops and day nurseries both sit within Class E, and section 55(2)(f) of the Town and Country Planning Act 1990 puts changes within a class outside the definition of development. Check the existing permission for conditions restricting the use, check for an Article 4 direction, and remember that external works still need permission.
What is the difference between Class E(e) and Class C2?
Class E(e) covers medical or health services where patients do not stay overnight, such as a dental practice or a physiotherapy clinic. Once overnight accommodation and care are provided, the use becomes a residential institution in Class C2, which is a different class and needs planning permission for the change.
How much outdoor space does a nursery need?
The requirement comes from the early years statutory framework rather than planning. It sets indoor space of 3.5 square metres per child under two, 2.5 for two-year-olds and 2.3 for ages three to five, and requires access to outdoor play space or daily outings. Those figures cap the number of places the building can hold.
Can a council refuse a nursery because of noise from children?
Noise and disturbance are legitimate planning considerations, so it can be a reason for refusal where the impact on neighbours is serious. In practice councils more often grant permission with conditions limiting outdoor play hours and numbers outside at one time, alongside details of any external plant and acoustic attenuation.
Is a nursery inside a school a separate Class E(f) use?
Normally no. Provision run as part of a school is generally treated as part of the school's Class F1 use rather than a separate day nursery. That distinction matters when part of a school site is sold or leased separately, because the new operator may then need permission for a standalone E(f) use.
Sources and further reading
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.