24 April 2020

Planning use for the food a drinks industry: Update

Our previous blog on this subject (here) dealt with the announcement of these proposed measures to create new revenue streams for businesses in the retail and hospitality sector which have been significantly impacted by the government’s lockdown measures and to assist with food supply to the general public.

A temporary permitted development right was introduced on 24th March 2020. This allows pubs, cafes and restaurants to operate as takeaways (A5 use class) for a 12 month period. Previously a business would have had to submit a full planning application to authorise such a change which would take at least 8 weeks to determine. Please note however that the sale of alcohol is still subject to existing licensing laws.

The Town and Country Planning (General Permitted Development) (England) (Amendment) Order 2020 adds a new planning Class DA into Part 4 of Schedule 2, granting deemed planning permission for a change of use from Class A3 (restaurants and cafes) and Class A4 (drinking establishments) to Class A5 (hot food takeaways). Businesses must notify the local planning authority of this change of use.

Before implementing this change of use, tenants must also ensure that this change is permitted in their lease. If not expressly permitted, tenants can request consent from their landlords which if approved, should be formally documented.

This is a welcome measure which will help businesses adapt and continue to operate during these challenging times.

 
 



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Sofia Loizidou
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Please note that this post has been prepared for the purpose of providing general information in a non-specific situation. Legal advice should be taken in relation to your particular circumstances. It is not intended that this post is relied upon by any party, and no liability is accepted for reliance.