Planning law groups uses of buildings into use classes. A creche, day nursery or day centre, not including a residential use, is in Class E(f), alongside shops, cafes, offices, gyms and health centres. Changing from one use to another within the same class is not development, so it does not need planning permission.
Before you sign a lease, check the premises' current lawful use, and whether its planning permission has a condition that limits how the building can be used.
If you need permission
If the premises are in another use class, such as a house, a pub or a warehouse, apply to your local planning authority for planning permission for the change of use. Ask for pre-application advice first. It helps you find out early whether the council is likely to accept a nursery on the site and what it will want to see.
What the council will look at
Councils commonly look at noise from outdoor play, the effect on neighbours, parking for staff and parents, and road safety at drop-off and collection. A permission often comes with conditions, for example on opening hours, the maximum number of children, when children can play outside, parking and noise mitigation.
How long a decision takes
Steps to take
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Check the current use of the premises
Ask the landlord or the council for the lawful use and any planning conditions before you commit to a lease or purchase.
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Get pre-application advice
If you need permission, ask the council for advice on your plans, including outdoor play, parking and drop-off.
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Prepare your application
Include plans of the building and outdoor space, the number of children and staff, opening hours, and how you will manage noise, parking and drop-off.
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Apply to the local planning authority
Apply for planning permission for the change of use, online or through the council.
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Meet the conditions
Check every condition on the permission and do what it requires before and after you open.
Other approvals you need
Planning permission is separate from building regulations approval. Building work to convert premises, such as new toilets, kitchens, fire doors or ramps, may also need building regulations approval.
Check that the rooms children will use give enough usable space per child under the EYFS before you commit to premises, because it limits how many children you can care for there.
Legal basis
Primary legislation and key regulations