Planning - All Change!!

14 Jun
2013

On the 30th May a number of changes came into force relating to the permitted developments rights.  These changes follow a consultation by the Department for Communities and Local Government entitled “New opportunities for sustainable development and growth through the reuse of existing buildings”.

Prior to the recent amendments there were a number of cases involving similar types of use, a change of use of a building or land does not need planning permission. Although most external building work associated with a change of use may still require specific planning permission.

The recent changes permit a range of changes to take place for a single period of two years.

In respect to Licensed and Gaming premises the changes will permit premises such as Betting Shops and Pubs may be converted for use, for a single period of up two years, to a range of different premises including retail shop or office space and vice versa.

Hot food takeaways (Class A5) will also be permitted to be re-classified as a retail shop, pub, restaurant, café, betting shops or office space but a new hot food takeaway will require specific planning permission for the change of use.

The reason why these premises, which cause such social anxiety (pubs, betting shops & hot food takeaways), are treated differently appears to be clear.  Although the change of use amendments remove a layer of bureaucracy and scrutiny from pubs and betting shops separate licensing regimes will still be required before such premises are permitted to open under the Licensing Act 2003 and Gambling Act 2005 respectively. 

In the case of a hot food takeaway, the only scrutiny comes presently under the Planning regime; these changes do not change this.

Although the change is limited to a single period of two year applications for permanent change of use would surely be boosted by a proven track record.

The comments in this article are of a general nature and are not intended to be taken as bespoke legal advice; If you have any specific queries regarding your current planning classification or the effect these changes may have upon changes of use you may wish to pursue, advice should be sought from a properly qualified person.

Law correct at the date of publication.
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