Change of use within Use Class E is not development (TCPA 1990, s.55(2)(f))

Planning permission is required only for development, defined in s.55(1) of the Town and Country Planning Act 1990 as building, engineering, mining or other operations, or a material change of use. Section 55(2)(f) provides that where land is used for a purpose within a class specified in the Use Classes Order, using it for another purpose of the same class is not development. In England, Class E (Commercial, Business and Service) of the Town and Country Planning (Use Classes) Order 1987 covers both the retail sale of goods other than hot food (E(a)) and the sale of food and drink mostly consumed on the premises (E(b)). Marek's change from clothes shop to café is therefore not development and needs no planning permission. His internal works are also excluded from development by s.55(2)(a), as they affect only the interior and do not materially affect the external appearance. Building regulations may still apply to the works.

Why A is wrong: Section 55(2)(f) takes a change within the same use class outside the definition of development altogether.

Why B is wrong: Works affecting only the interior or not materially affecting external appearance are not development under s.55(2)(a).

Why C is wrong: Permitted development rights are relevant only to matters that are development; a change within Class E is not development at all.

Why E is wrong: A hot food takeaway is outside Class E, but Marek's café serves food mostly eaten on the premises, which is within Class E(b).