Class A – restaurants, cafes, or takeaways to retail

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What does the legislation say?

Class A – restaurants, cafes, or takeaways to retail
Permitted development
A. Development consisting of a change of use of a building from a use falling within Class A3 (restaurants and cafes) or A5 (hot food takeaways) of the Schedule to the Use Classes Order, to a use falling within Class A1 (shops) or Class A2 (financial and professional services) of that Schedule.

Our Views on Class A

Class A development is now only relevant for the change of use of Hot Food Takeaways (now sui-generis) to retail and financial and professional services (Now within Class E). There are no restrictions on this Permitted Development Allowance and it follows the long-standing principle that moving from certain uses to other certain uses is not development that warrants a full planning permission.

Class A is available to properties that are within the greenbelt, listed, within Conservation Areas and within Town Centre Locations (subject to an application for Listed Building Consent if the works to convert effect the Listed Building)

Class A was otherwise ignored by the SI 2020 No757 * which placed a end date on Classes O (office to residential) and M (retail to residential). It is also noted that references to Classes A1 and A2 have not been updated within subsequent SI’s. It is therefore anticipated that Class A will continue for the short term at least until the Permitted Development Allowances are tidied up in August 2021.

How to Use Class A

Class A can be used at any time and potentially provides a doorway into the more flexible Use Class E ‘Retail, Business and Commercial’ Use Class. Class A development should be supported with a Certificate of Lawfulness (either existing or proposed) in order to demonstrate to your funding partners that the development is lawful.

*Correct at time of writing.

Next Class AA-drinking establishments with expanded food provision
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