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Class AA-drinking establishments with expanded food provision

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What does the legislation say?

Permitted Development
AA. Development consisting of a change of use of a building and any land within its curtilage—
(a) from a use falling within Class A4 of the Schedule to the Use Classes Order to a use falling within Class A4 (drinking establishments) with a use falling within Class A3 (restaurants and cafes) (“drinking establishments with expanded food provision”); and
(b) from a use as a drinking establishment with expanded food provision to a use falling within Class A4 (drinking establishments).

Our Views on Class AA

Class AA development is relevant to allow public houses (now sui-generis) to form a mixed use with a restaurant in order to allow for diversification within the public house sector. This creates a mixed use and now a true public house use or restaurant use and cannot be used to gain the benefit of the wider use 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 AA 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 AA 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 A4 and A3 have not been updated within subsequent SI’s. It is therefore anticipated that Class AA will continue for the short term at least until the Permitted Development Allowances are tidied up in August 2021.

How to Use Class AA

Class AA can be used at any time but does not provide a doorway into the more flexible Use Class E ‘Retail, Business and Commercial’ Use Class. Class AA 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.

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