Temporary takeaway use for pubs and cafes

Temporary takeaway use for pubs and cafes

“On 24 March 2020 a new class of permitted development (Class DA) came into force that allows what are described as restaurants and cafes, drinking establishments and drinking establishments with expanded food provision to provide takeaway food temporarily without the need to apply for planning permission”, says Brian Dinnis of Acorn Rural Property Consultants.

Dinnis explains, “Class DA allows a qualifying building to change use at any time during the period 24 March 2020 to 23 March 2021 for the provision of takeaway food. That includes use for ‘traditional’ hot food takeaway, being the sale of hot food for consumption off the premises and also any use for the provision of hot or cold food that has been prepared for consumers for collection or delivery to be consumed, reheated or cooked by consumers off the premises.

Prior approval from the Local Planning Authority (LPA) is not required to use Class DA. The right does, however, stipulate that the LPA must be notified if the building and any land within its curtilage is being used, or will be used for the provision of takeaway food at any time during the period. What form of notification is required is not specified, albeit best practice would be to ensure that it is in writing and that it includes a description of the change of use, the start date and a plan identifying the site.

Change of use under Class DA does not affect the use class which the building and any land within its curtilage had before the change of use. The right states that the use of the building and any land within its curtilage will revert to its previous lawful use at the end of the period or, if earlier, when the building ceases to be used in accordance with the right”.

“Given the situation due to the coronavirus disease, measures to ensure there is more flexibility for businesses to continue to operate is welcome. This right may assist some of our clients operating cafes or restaurants. As is always the case before relying on a permitted development right, businesses should check whether any change of use would be contrary to any condition imposed by any previous planning permission that would prevent it from being applied”, adds Dinnis.

For further information on permitted development rights, please contact Brian Dinnis at Acorn Rural Property Consultants on 07791303525 or at briandinnis@acornrpc.co.uk .

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