Use Classes and Change of Use

Offices to co-working and flexible desk space

6 min readBy PlanScope Editorial Team

A floor of hot desks is an office in planning terms. Events hire, a public cafe and a members bar are what take a co-working operation outside Class E.

Co-working space is an office. In planning terms a floor of hot desks, meeting rooms and a coffee point falls within Class E(g)(i) of the Use Classes Order, which covers offices other than those appropriate in a residential area. So the co-working space use class question usually answers itself, and a change from a conventional office to a co-working operator needs no permission at all.

The interesting part is where the model stops being an office. Event hire, a public café, members arriving at midnight and a podcast studio let by the hour each push the operation towards a mixed use, and that is where a council's interest starts.

Why the classification is straightforward

Class E brings shops, financial and professional services, food and drink, indoor sport, medical services, creches, offices, research and development and light industry into a single class. Movement between sub-classes is not development.

A co-working operator providing desks, private offices, meeting rooms and shared facilities to businesses is doing what an office does, with a different tenancy model. The planning system looks at the use of the land, not at the lease structure, so licences instead of leases and members instead of tenants change nothing.

Two consequences follow. A landlord converting a conventional office floor to co-working needs no planning permission. And an operator taking a former shop or a former gym within Class E can start without an application, subject to conditions on the existing permission and to any Article 4 direction.

Check both of those before signing. Conditions on an old permission can restrict the use more tightly than the class does, and some authorities have made directions covering Class E movement in their centres.

Where ancillary tips into mixed use

The test is the familiar one: does the additional activity serve the primary office use, or does it have an independent existence. A second use with its own customers, its own entrance or its own identity is no longer ancillary, and the planning unit may then be in mixed use. The boundaries of the office sub-class matter here, and the overlap between light industrial and office uses inside Class E(g) is where studio and maker space arrangements are tested.

Applying that to a co-working floor:

  • A coffee point and a small kitchen serving members only is ancillary. No question arises.
  • A café with a street entrance, its own branding and sales to the public is a separate Class E(b) use within the same unit, which is still Class E but may be a mixed use if neither element is subordinate.
  • Evening events hire to outside organisations, ticketed or paid, is a different activity. Regular hire to third parties can take the use outside Class E altogether if it becomes an assembly or leisure use.
  • A members' bar serving alcohol in the evening is the clearest problem, because a drinking establishment is sui generis and needs permission.
  • Podcast and content studios let by the hour usually remain office or light industrial in character, so they rarely cause difficulty.

The practical trigger councils respond to is noise and comings and goings after about 18:00, particularly in a mixed building with flats above.

Food and drink inside the unit

A members-only coffee point is unproblematic. A kitchen producing hot food changes the technical requirements rather than the use class.

Extraction is the issue. Cooking odour in a mixed building generates complaints to environmental health faster than anything else, and the remedy is a designed system rather than a recirculating hood. Where hot food is prepared, a Ventilation and Extraction Statement setting out the system, the filtration stages, the duct route, the discharge point relative to openable windows and the noise from the fan is what the officer needs, whether or not a planning application is required.

Deliveries matter too. A café generates refuse and daily deliveries that an office floor does not, and in a residential street the servicing arrangement is often the point the council conditions.

Hours, amenity and mixed buildings

Office permissions rarely carry hours conditions, which is why operators assume 24-hour access is available. Often it is, but three things can limit it.

A condition on the existing permission restricting hours of use or of access. A lease covenant, which is a private matter but will stop you anyway. And a mixed building where the residential entrance, lift core or service yard is shared, where the practical answer is usually a management arrangement rather than a planning one.

Where you do need permission for something and hours are in issue, offer a regime rather than waiting to be told: core hours for general access, a later limit for events, a cut-off for deliveries and waste collection, and a nominated manager contactable during opening hours.

Cycle parking, showers and servicing

Element What councils look for
Cycle parking Secure, covered, at or near ground floor, to the local standard for office floorspace
Showers and lockers Expected alongside cycle provision in most urban authorities
Refuse and recycling Internal store sized for the occupancy, with a short pull distance
Servicing A loading position that does not block a footway or a residential access
Accessibility Step-free entry, accessible WC, and lift access where upper floors are used

Cycle standards are set locally and vary widely, so take the figure from the authority's adopted standards rather than a national assumption. Where a scheme intensifies occupancy well beyond a conventional office density, a short Transport Statement describing trip generation, mode share, cycle provision and servicing will answer the highway officer's questions before they are asked.

Occupancy density is the quiet issue. Co-working floors often run at a far higher person per square metre density than a conventional office, which affects WC provision, means of escape, cycle demand and refuse volumes. None of that changes the use class. All of it changes the technical case.

Conditions councils impose

Where an application is needed, the conditions to expect are hours of use, hours for deliveries and waste collection, a limit on events or on external amplified sound, an extraction specification where food is cooked, cycle parking to be provided before occupation, and a refuse store to be provided and retained.

Resist a condition that fixes the number of desks or members. It is almost impossible to monitor, it becomes a trap on any reconfiguration, and a floorspace or hours control achieves the same planning purpose.

Describing the use so later changes stay open

If you do apply, describe the use by activity and keep it inside Class E where you can. A permission described as "use as offices within Class E(g)(i), including ancillary café and meeting facilities" preserves movement within the class. A permission described as "use as a co-working and events venue" creates a bespoke description that may be read as sui generis, and then every future change needs an application.

Where part of the building is in separate occupation, resolve whether the upper floors are a separate planning unit before applying, since the position on upper floors above a shop applies equally to a co-working floor over a retail or food unit.

And get the existing permission and its conditions out of the council's online register before you commit to a building. The restriction that stops a 24-hour operation is usually sitting in a 1998 decision notice that nobody has read.

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

Frequently asked questions

Does a co-working space need planning permission?

Usually not, where the building is already in a Class E use. Co-working falls within Class E(g)(i) as an office, and movement within Class E is not development. Check the conditions on the existing permission and whether an Article 4 direction withdraws the relevant right in that area before relying on it.

Can a co-working space include a cafe open to the public?

A members-only coffee point is ancillary and raises no issue. A cafe with its own street entrance, branding and public sales is a separate Class E(b) activity within the unit, and if neither element is subordinate the unit may be in mixed use. Cooking hot food also brings extraction and servicing requirements.

Are evening events a problem?

They can be. Occasional internal events for members are normally part of the office use. Regular ticketed or paid hire to outside organisations is a different activity and can take the use outside Class E, particularly where amplified sound or late dispersal affects residents in the same building or street.

How much cycle parking is expected?

It depends on the authority's adopted standards, which are set per square metre of office floorspace and vary widely. Provide secure covered parking at or near ground level, with showers and lockers, which most urban authorities expect alongside. Take the figure from the local standard rather than a national assumption.

Can a condition limit the number of desks?

Councils sometimes propose it, but it is difficult to monitor and becomes a trap on any reconfiguration. Hours of use, limits on events and external amplified sound, extraction specification, cycle parking and refuse storage achieve the same planning purpose and are far easier to discharge and to live with.

Sources and further reading

co-workingclass echange of useofficescycle parkingextraction

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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