Use Class C1 – Hotels

Use Class C1 of the Use Classes Order 1987 (as amended) is for the use as hotels.

The full description is use as a hotel or as a boarding or guest house where, in each case, no significant element of care is provided. This does not include hostels which are sui generis.

This could include Bed & Breakfast establishments (B&B). Also included in Use Class C1 would be aparthotels – see this page for more on aparthotels.

Does a Use Class C1 property need to provide food?

The courts have attempted to define a ‘hotel’ and in Breachberry LTD v SoS and Shepway DC 1985 suggests that it is not an essential requirement to classification as a hotel or guest house that services be provided. In the case of Mayflower Cambridge v SoS 1975 it was stated that the essence of a hotel is that it takes transient passengers or travellers, who require short stay only.

The definition of a hotel was explored in an Inspectorate decision from Plaistow in 2016 – APP/G5750/C/15/3005653, in a case where it was concluded that the service of food was not a prerequisite for hotel use.  A finding that reflects those of the Breachberry court case.

Upholding an enforcement notice alleging unauthorised use of premises in London as a hotel, an inspector concluded on the basis of his own experience and the advertising material that a hotel use was being operated. The appellants considered that the premises were not a hotel as no meals were provided and there was no dining room, the use being more in the nature of a sui generis use. The Inspector took into account the dictionary definition of a hotel as an establishment providing accommodation and meals for travellers and tourists, agreeing that it would be unusual for there to be no provision of food at all. Nevertheless, from his own extensive experience, he considered that other factors were of greater significance in establishing the essential nature of the use.

An establishment providing short term accommodation in individual bedrooms for travellers and tourists together with a range of other related services is likely to have the essential character of a hotel even if no food is provided.

Apart from the lack of food, in all other respects the premises had the character and appearance of a hotel. The appeal premises were advertised as a hotel not only on the sign outside the property but also on the internet. The inspector concluded that, as a matter of fact and degree, the use could reasonably be described as a hotel.

Therefore in the case of a conversion of an agricultural barn or building under Class R to a C1 hotel, could be very simple and does not require a kitchen or food preparation. These days in 2024/ 2025 the ability to supply food via an outside facility using Uber Eats or Just Eat might be a viable alternative. Or perhaps the hotel owner has alternative arrangements outside of the envelope of the hotel.

We are also not aware of a minimum size of a hotel – does it have to be 100 rooms or will one or two rooms suffice? At the end of the day what is important is that all those who stay must have a permanent residence elsewhere otherwise it might cross into Use Class C3.

Permitted Development Changes for Use Class C1

There are not any permitted development rights to go from or to C1 from/to any other use class. This would require planning permission. The one exception to this is the rarely used Class T to go from a C2 to a state funded school. Maybe it has been used once, who knows?!

However, there are proposals to allow C1 to be converted to residential. We do not know when this might happen. Details of that proposal can be found here.

If you require assistance with planning permission please either request a free fee proposal, or book a Zoom call with Ian, the founder of Planning Geek. Our team of planning consultants are here to help.

Examples for Use Class C1

According to the Planning Geek directory of uses, C1 includes aparthotels, Bed & Breakfast, Boarding houses, Guest Houses, Hotels and maybe Serviced Accommodation / Short-term Holiday Lets depending upon the local authority. Some LPAs treat SA as C1, others C3 and other Sui Generis. This may be resolved once C5 is introduced. Details of C5 can be found here.

Page Updated: 6th November 2024

Other Planning Use Classes Sections