Use Classes and Change of Use

Museums, galleries and libraries in Class F1

8 min readBy PlanScope Editorial Team

Museums, public libraries, free galleries and exhibition halls share one use class, so moving between them is not development. Selling art, running a late bar or growing the cafe is a different question.

A museum, a public library, a public reading room, a free-entry gallery and an exhibition hall all sit in the same use class: Class F1, the learning and non-residential institutions class in the Town and Country Planning (Use Classes) Order 1987, as amended from 1 September 2020. If you already occupy a building in Class F1, moving between those activities is not development at all, so no application is needed. The trap is at the edges. A gallery that sells the work on its walls, a hall let out mainly for amplified music, and a cafe that grows into the main draw all step outside the class, and at that point you are looking at a planning application.

What Class F1 covers across learning and culture

Class F1 catches any non-residential use for the provision of education, for the display of works of art otherwise than for sale or hire, as a museum, as a public library or public reading room, as a public hall or exhibition hall, for or in connection with public worship or religious instruction, and as a law court.

Because all of those are one class, section 55(2)(f) of the Town and Country Planning Act 1990 takes the change between them outside the definition of development. A redundant public library becoming a local museum is a change of activity, not a change of use in planning terms. The building, the parking, the hours and the visitor pattern may all shift, and the council still has no application in front of it.

Two qualifications matter before you rely on that. Conditions on an earlier permission can tie a building to one activity, and a condition beats the class every time. And in a listed building, internal alterations, new lighting tracks, display cases fixed to fabric or a reception desk cut into a floor may need listed building consent even where the use is settled.

Our companion piece on the full scope of Class F1 works through education and worship uses in the same class. This article stays with the cultural end.

Museums, galleries, libraries and exhibition halls

The wording that does the most work is "display of works of art (otherwise than for sale or hire)". Free or ticketed display sits in F1. Display where the primary purpose is sale does not.

Exhibition halls are in F1 as well, which surprises people who assume a large events building must be something else. The test is what the hall is for. A hall used for trade exhibitions, craft fairs, degree shows and touring displays reads as an exhibition hall. A hall whose bookings are dominated by live music with a bar reads as a live music venue, and Article 3(6) of the Use Classes Order keeps concert halls, live music venues, dance halls and drinking establishments out of every class as sui generis uses. Sui generis means each change needs its own application, judged on its own merits.

Libraries and public reading rooms have to be public. A members-only research library attached to a private institution can be arguable, and a subscription library open to anyone who pays is usually treated as public in substance. If the point is contested, it is worth settling it in writing with the case officer before money is spent on fit-out.

Ancillary cafes and shops within the use

Almost every museum now has a shop and a coffee counter, and almost none of them need a separate permission for either. The reason is the planning unit. Where a single occupier runs the whole building and the shop and cafe exist to serve visitors to the main use, they are ancillary to the F1 use, and the courts have accepted that approach to planning units since Burdle in 1972.

Ancillary status is a question of fact and degree, not a percentage rule. In practice these are the signals a case officer weighs:

  • floor area given to trading against floor area given to display or lending
  • whether the cafe can be reached and used without entering the main attraction
  • opening hours that run beyond the museum's own hours
  • separate branding, separate tills, a separate street entrance
  • takings that come to dominate the operation

A cafe open until 22:00 with its own door onto the pavement, when the galleries shut at 17:00, is a Class E(b) cafe in its own right. Once that happens you have a mixed use, and you need permission for it. Our note on describing a mixed use on the application form covers how to word the development description so the permission you get matches the operation you run.

Visitor numbers, coaches and parking

Highways officers care much less about the class than about trips. A quiet reading room and a touring exhibition with 400 visitors on a Saturday are the same use class and completely different propositions on a residential street.

If your proposal needs an application anyway, put the trip picture in front of the officer rather than waiting to be asked. For a small cultural use that usually means a short Transport Statement setting out expected visitor numbers by day of week, arrival mode, cycle parking, and how a coach would set down and turn if coaches are part of the plan. Larger schemes cross into Transport Assessment territory, and the Planning Practice Guidance chapter on travel plans, transport assessments and statements explains how the scope should be agreed with the highway authority first.

Coach set-down is the detail that sinks otherwise sensible schemes. A building with no frontage long enough for a coach to pull in, on a street with waiting restrictions, will attract an objection that no amount of policy support answers.

Events and evening openings

Late openings, private hire and a licensed bar are where F1 operators most often drift into a different use without noticing. One point to hold on to: a premises licence under the Licensing Act 2003 is a separate consent from planning permission, and holding one does not authorise a use that planning control does not permit.

An illustrative example. A town museum in a terraced street runs six evening events a year, ticketed, ending at 21:30, with wine served to ticket holders. That pattern is comfortably ancillary. The same museum moves to Friday and Saturday hire every week, 60 to 100 guests, amplified music, bar open to guests until midnight. Nothing about the building has changed, and the planning unit now includes something that looks like a drinking establishment and a live music venue. Expect an enforcement enquiry after the first complaint, and expect the council to ask for a retrospective application.

Where evening use is part of the business plan from the start, apply for it openly, with a plant noise assessment to BS 4142:2014+A1:2019 for any new extract or chiller, a management plan covering dispersal and deliveries, and a cap you can actually live with. A noise assessment that addresses the nearest bedroom window, rather than the site boundary, tends to get further with environmental health.

A gallery whose business is selling art is a shop. Retail sale of goods to visiting members of the public falls in Class E(a), and the fact that the goods are paintings makes no difference to the class.

This matters in two directions. If you are taking a lease on a former F1 gallery and intend to sell, you need to check whether the planning unit is already E(a) or whether you are making a material change of use. And if you run an F1 display space and start selling, you are probably fine while sales are a modest sideline and exposed once sales become the point of the room.

A hybrid is common: a public, free, curated display in the front room and a commercial sales operation behind. That is a mixed use, and it is far better described honestly on the application than squeezed into one class. Councils rarely object to the mix itself. They object to conditions that cannot be enforced because the description was vague.

Converting a commercial unit to a cultural use

Part 3 of Schedule 2 to the General Permitted Development Order 2015 contains a limited set of permitted changes of use, and the ones that lead into F1 are narrow, so most conversions of a Class E shop or office into a museum, gallery or library need a full planning application. Check the current text of Part 3 before you assume either way, because it has been amended repeatedly.

For an application in a town centre the case usually writes itself on the policy side: an active frontage, a use that brings footfall, a building brought back into use. The work sits in the detail. A Planning Statement should deal with the adopted local plan's town centre and community facility policies by name, the National Planning Policy Framework in its current edition, hours of opening, servicing, refuse storage, accessibility under the Equality Act 2010, and any shopfront or signage changes that need advertisement consent.

Two documents are worth volunteering even when the validation list does not demand them. A short management plan showing how groups arrive and disperse answers the residential amenity objection before it is made. And where food will be cooked on any scale, a Ventilation and Extraction Statement showing the flue route, termination height and odour control saves a round of consultation with environmental health.

Conditions restricting the range of activities are common on cultural conversions, and some are worth resisting. A condition tying the premises to "use as a museum only" removes the internal flexibility that Class F1 gives you. If the officer's real concern is evening noise or coach traffic, ask for a condition about hours or about coach numbers instead, so the class still works for you in five years' time.

This is general guidance, not legal advice; check the position with your local planning authority or a qualified professional before relying on it. Where the lawfulness of an existing use is in doubt, a Lawful Development Certificate under section 191 or 192 of the 1990 Act is the only formal way to settle it.

Enter your postcode on PlanScope to see which reports a cultural change of use on your site is 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

Is a museum the same use class as a public library?

Yes. Both sit in Class F1 of the Use Classes Order 1987, along with education, free display of works of art, public halls, exhibition halls, places of worship and law courts. Because they share a class, switching a building from library to museum is not development and needs no planning application, unless a condition on an earlier permission restricts the use.

Does a gallery that sells paintings need planning permission?

Probably, because selling is outside Class F1. The class covers display of works of art otherwise than for sale or hire, so a selling gallery is retail under Class E(a). If the building is currently a free-entry F1 gallery, starting to sell as the main activity is a material change of use and needs an application.

Can a museum run a cafe without separate permission?

Usually yes, where the cafe serves visitors to the museum and forms part of the same planning unit. Separate street access, longer opening hours than the galleries, separate branding and takings that dominate the business all push it towards being a Class E(b) cafe in its own right, which needs permission as a mixed use.

Are concert halls and live music venues in Class F1?

No. Article 3(6) of the Use Classes Order keeps concert halls, live music venues, dance halls and drinking establishments out of every class as sui generis uses. A public or exhibition hall in F1 that shifts to mainly amplified music events with a bar risks becoming a sui generis use, which needs its own planning application.

Does a premises licence cover the planning position for evening events?

No. A premises licence under the Licensing Act 2003 and planning permission are separate consents with different tests, and licensing officers do not check planning status. Holding a licence does not make an unauthorised use lawful, and a council can pursue enforcement over the use while the licence remains in force.

Can a council condition a museum so it cannot change to another F1 use?

Yes. A condition can lawfully restrict a permission to one named activity, and it overrides the flexibility the class would otherwise give. If the officer's concern is hours, coach traffic or noise, it is worth asking for a condition aimed at that issue instead, so internal flexibility within Class F1 survives.

Sources and further reading

use classesclass f1change of usemuseumsgallerieslibrariescommercial occupiers

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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